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Care and Adoption

The Care and Adoption Team represents a major area of chambers' work; most members of chambers and all our silks are members of this team, which is convened by Sarah Morgan QC and Sharon Segal.

 

We have considerable experience in representing parents, children, relatives, local authorities, prospective adopters, step-parents, foster parents, officers of CAFCASS and the Official Solicitor in these proceedings and we are dedicated to providing a high level of service to all our clients.

 

We recognise the importance to our clients in maintaining consistency of representation throughout the often-lengthy and invariably difficult court process, and our clerks conscientiously ensure that this is achieved wherever possible. Solicitors representing any party in care or other public child-care or adoption matters are welcome to seek advice from us at any stage by telephone, e-mail or in writing.

 

We like to work closely with solicitors in preparing their clients for the hearing and outcome.

 

We attach great importance to the inter-disciplinary nature of this work, maintaining close and regular contacts with medical professionals, particularly in the fields of paediatrics and psychiatry. In November 2005 we hosted an evening debate on the role of the medical expert in court proceedings in which we discussed recent controversies in diagnosing non-accidental head injuries. We offer 'mini-pupillages' to training medical experts.

 

Care

The decision of the Court of Criminal Appeal in R v Cannings sent reverberations around the family justice system. Three members of chambers appeared in the 'family' appeals which followed, namely Re U; Re B (Serious Injury: Standard of Proof) [2004](Judith Rowe QC, Stephen Cobb QC, Sally Stone); one of these appeals was from the first instance decision reported as Re B (Threshold criteria: fabricated illness) [2004] (Stephen Cobb QC); Judith Rowe QC appeared in the further appeal in the same case of Re Uddin [2005]. Chambers was well represented (Eleanor Platt QC, Alison Ball QC, Janet Bazley, Andrew Norton, Emma Hudson and Sharon Segal) in the following case before Hedley J. of A Local Authority v S, W and T. Stephen Cobb QC appeared for the successful appellants in the Court of Appeal case of Re V (Human Rights: Pre-birth actions), and both Alison Ball QC and Stephen Cobb QC appeared in the case of A Local Authority v K D and L [2005] in which Charles J. gave useful guidance about the approach of the courts to expert evidence in family cases. Eleanor Platt QC represented the Regional Health Authority in the Cleveland Inquiry; she is a former President of the Medico-Legal Society.

 

The Care and Adoption team includes members who have worked in social work and clinical psychology prior to practising at the bar.

 

Members regularly contribute articles to law journals and periodicals; Stephen Cobb QC is a contributor to, and General Editor of Clarke Hall & Morrison on Children.

Several members are involved with charities concerned with child-care issues such as Who Cares Trust and Childhood First (Pepper Harrow Trust). A number of members belong to the British Association of Adoption and Fostering Agencies (BAAF) and several have been involved in Parliamentary Working Parties, and we have a member on the Professional Advisory Group of NYAS, the National Youth Advocacy Service.

 

The Family Graduated Fee Scheme, which has substantial impact on remuneration in this area, does not affect our deep commitment to this field of practice at all levels of seniority within chambers.

 

Members have extensive experience in the following areas:

  • Care Orders
  • Supervision Orders
  • Contact applications involving children in care
  • Human Rights Act 1998 and the care process
  • Emergency applications and injunctions (including anti-publicity injunctions, medical treatment)
  • Judicial Review
  • Public interest immunity and disclosure
  • Secure Accommodation
  • Wardship and the Inherent Jurisdiction
  • Medico-legal aspects of care proceedings
  • Sexual Abuse
  • Fabricated or induced Illness

 

Adoption

 

Members of the Care and Adoption team have wide experience in the sensitive field of adoption. We have been involved in cases establishing such important principles as:-

 

  • the status of birth parents following the making of a freeing order
  • the status of a natural unmarried father in a step-parent adoption (Re G [1999])
  • contact in adoption (Re T [1997])
  • international adoption (Re R (a minor)(Inter-country adoption) [1999], Re G(Adoption: legality) [1999]
  •  

Recognising the fundamental rights of parents and children to fair and proper representation in proceedings of this kind pursuant to ECHR article 6, members of this team have successfully argued for recognition of fair trial in two Court of Appeal cases, reported as

 

  • Re G (Adoption: representation of parents) [2001]
  • Re B&T [2001].
  •  

The Care and Adoption team are up to speed with the new Adoption and Children Act 2002; indeed some members were involved in the preparation of FLBA and Bar Council responses to the LCD Consultation Paper and White paper on adoption.

 

Members have extensive experience in the following areas:

  • Adoption
  • Freeing for adoption
  • Human Rights Act 1998 and adoption
  • Contact and adoption
  • Step-parent adoption