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Children law update

How 'extreme' must the circumstances be to justify adoption rather than long-term ?foster care, asks Noel Arnold as he reviews the Supreme Court's ruling in Re B and subsequent cases

12 December 2013

The Supreme Court’s decision in Re B (A Child) [2013] UKSC 33 has far reaching implications for public law proceedings, providing the approach to be taken, particularly by the judiciary and assisted by practitioners, when determining an application for a care order.

The child (C) was removed from her parents at birth under an interim care order (ICO). The mother had been in an abusive relationship for many years and had diagnoses of somatisation and factitious disorder. She had convictions for dishonesty and making false allegations. The father had been convicted of many serious criminal offences and had a history of drug use. The trial judge found that if C was placed in her parents’ care,...

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