The following Family practice note provides comprehensive and up to date legal information covering:
The general principles about adoption are contained in section 1 of the Adoption and Children Act 2002 (ACA 2002). They variously apply to a court, an adoption agency, or both. A local authority responsible for children’s services is an adoption agency and when acting in that capacity does so under that status, which is different from acting under its powers and duties under the Children Act 1989 (ChA 1989). The framework of ACA 2002 is intended to:
simplify the adoption process
enable a critical stage of decision-making (whether to authorise placement for adoption) to be undertaken at an earlier stage than before
place the emphasis on the child’s welfare, and
Note that FPR 2010, PD 36P has been issued to put in place a pilot scheme from 9 March 2020 to the end of the day on 1 September 2022 (as extended) for applications in placement proceedings under ACA 2002, and all required accompanying documents, to be filed with the court via an online system. The pilot scheme also provides for applications, judgments and orders in such proceedings to be served by the court via the online system. FPR 2010, PD 36ZB (Pilot scheme: procedure for using an online system to complete and file certain applications for an adoption order) underpins a HMCTS pilot scheme to allow certain applications, and stages in
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Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care
Hearsay evidence in civil litigationThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.This Practice
Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide independent objective advice and to deploy the skill of advocacy on behalf of the client. Although they are part of a team, they also
Mortgagee’s consent to grant of leaseIf a property is subject to a mortgage that prohibits leasing without the mortgagee’s consent, then written evidence of consent must be obtained prior to completion of the lease. On the grant of an underlease, mortgagee’s consent in respect of any mortgage over
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