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Adoption and foster care

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Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Local Government weekly highlights—8 April 2021

Local Government weekly highlights—8 April 2021

The following Local Government news provides comprehensive and up to date legal information on Local Government weekly highlights—8 April 2021

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Coroner’s findings, independence of experts and registrant denials (Towuaghantse v GMC)

Coroner’s findings, independence of experts and registrant denials (Towuaghantse v GMC)

The following Corporate Crime news provides comprehensive and up to date legal information on Coroner’s findings, independence of experts and registrant denials (Towuaghantse v GMC)

Featured Local Government content

Forming enforceable contracts—intention to create legal relations

Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

Introduction to passing off

Introduction to passing off

Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...

Forming enforceable contracts—consideration

Forming enforceable contracts—consideration

This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

Practice notes

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan
Practice notes

HCPC—Main hearing of the Health and Care Professions Tribunal

This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
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Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan
Practice notes

Highways, street works and statutory undertakers

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan
Practice notes

Active bribery, passive bribery and bribing foreign public officials

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...
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Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan
Practice notes

Section 38 and section 278 Highways Act agreements—contractor’s perspective

This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
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9th Nov
Practice notes

Single justice procedure

The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan
Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan
Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
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9th Nov
tag iconCOVID-19 tag iconIn-house
Practice notes

Termination for breach of contract

The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
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9th Nov
tag iconIn-house
Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes

Civil recovery orders in SFO cases

A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
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9th Nov
Practice notes

Definition and classification of highways

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan
Precedents

Letter responding to clarification requests

[On headed paper][insert date][Address of tenderer provided in request for clarification]Dear [[insert contact name of tenderer] OR [insert contact...
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Produced in partnership with Peter Ware of Browne Jacobson 12th Jan
Practice notes

IP rights and semiconductors

Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...
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Produced in partnership with Greg Burke of RPC, Paul Joseph of RPC and Sophie Tuson of RPC 12th Jan

Most recent Adoption and foster care content

Practice notes

Care plans and looked after child reviews

Chapter 1 of the Children and Social Work Act 2017 (CASWA 2017) introduces an obligation on local authorities to consider additional general needs,...
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Produced in partnership with Tom Higgin of Suffolk County Council 9th Apr
Practice notes

Staying put—arrangements for care leavers to remain in foster placements

What is the purpose of a staying put arrangement? The 'staying put’ arrangements contained in section 23CZA of the Children Act 1989 (ChA 1989)...
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Produced in partnership with Ruth Cabeza of Harcourt Chambers 9th Apr
Practice notes

Relinquished children—adoption agency duties towards the parents of children relinquished for adoption

Adoption and Children Act 2002, s 19 (ACA 2002) governs parental consent to children being placed for adoption with prospective adopters.ACA 2002, s...
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Produced in partnership with Jason Hadden of St Ives Chambers 9th Apr
Practice notes

Relinquished children—adoption agency duties towards children

What is the definition of a relinquished child?There is no legal definition of a relinquished child. However, in practice the term refers to a...
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Produced in partnership with Jason Hadden of St Ives Chambers 9th Apr
Practice notes

Placing children with a connected person as a foster carer

Please note the information in this Practice Note relates to the current law in England. The law in Wales in this area is covered by the Social...
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Produced in partnership with Joy Hopkinson of London Borough of Lambeth Council 9th Apr
Practice notes

Adoption orders

This Practice Note details who can be adopted and who can adopt, together with the conditions to be satisfied, adoption reports and procedural issues....
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22nd Feb
Q&As

Foster carers have been approved by the fostering panel to adopt, but, following their approval, further information came to light which had to be investigated. The investigation was completed and an addendum report supported approval. Does the case have to go back to the fostering panel or to the agency decision maker? What are the regulations underpinning this?

The Fostering Services (England) Regulations 2011 (FS(E) Regs 2011), SI 2011/581, reg 27 governs the approval of foster parents. In considering what...
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13th Feb
Q&As

A child was placed with kinship carers by local authority (LA) A, which subsequently agreed to another child being placed with the same carers by LA B pending an assessment of the carers as to their suitability to be foster carers. The care plan for both children is for special guardianship orders to be made. In such circumstances, which local authority should deal with the foster care temporary approval and reviews for the second child?

Where a child is subject to a care order, the rules as to the local authority dealing with the case are set out in section 31(8) of the Children Act...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 12th Feb
Q&As

If a foster carer wishes to adopt a child in their care, and this is refused by the local authority, can the foster carer appeal this decision?

The reasons for and nature of the refusal are not given, and the time for which the child has been with the foster carer is not specified. This Q&A...
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Produced in partnership with Matthew Haynes of St Ives Chambers 12th Feb
Practice notes

Contact orders in adoption

This Practice Note sets out the general principles to be applied in relation to contact orders, both pre- and post-adoption. It also details who may...
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25th Jan
Practice notes

Adoption—placement orders

PrinciplesWith the abolition of the power to apply for freeing orders, the Adoption and Children Act 2002 (ACA 2002) introduced a framework for...
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22nd Jan
Practice notes

General principles—adoption

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...
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22nd Jan
Q&As

Can an adoption order made in favour of a married couple be revoked regarding one adoptive parent only?

An adoption order is an order which has the effect of severing all legal ties with the child’s biological family and creates a new legal relationship...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As

What is a pathfinder plan?

A pathfinder, or pathway plan is a mechanism for regular review of local authority provision for young people they have a statutory duty to assist....
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7th Dec
Practice notes

Public children—fostering

This Practice Note distinguishes between English and Welsh law, which are different in several respects, in both statute and regulations, while also...
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29th Nov
Practice notes

Public children—private fostering

The statutory provision regarding privately fostered children is contained in the Part IX of the Children Act 1989 (ChA 1989). The English regulatory...
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28th Nov

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PRA Rulebook—introduction for the insurance and reinsurance sector

On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements

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What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets

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Tomlin orders

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border

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What is diversity and inclusion (D&I)—law firms

This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law