Family Law Titles
We cover a variety of subject areasView All Publications
'The decision of the Court of Appeal in Re B-S (Adoption: Application of s 47(5))  EWCA Civ 1146,  1 FLR 1035 in September 2013 has had major implications for parents, local authorities and the courts. It has provoked a fundamental reappraisal of the use of adoption as a child protection mechanism and of the legal requirements which must be observed where placement orders are sought. The newly enacted Children and Families Act 2014 contains provisions relating to care and adoption which may be thought to pull in the opposite direction by encouraging the use of adoption and attempting to streamline the legal process relating to care and placement proceedings.'The respondent’s appeal against a full care order made in respect of his daughter was allowed by the Court of Appeal despite a finding that the appellant local authority had not engaged in reprehensible behaviour or taken an unreasonable stance in the hearing at first instance, which would be required to depart from the normal rule that costs were not awarded in children’s cases. A costs order was made against the appellant in respect of the costs of the appeal.