header-logo header-logo

Adoption row rumbles on

11 June 2009
Issue: 7373 / Categories: Legal News , Public , Human rights
printer mail-detail

Official solicitor controversy could go to European Court of Human Rights

The controversy over the adoption of a three-year-old child with disabilities whose mother was judged to lack the intelligence to cope, could be referred to the European Court of Human Rights.

The woman, known as “Rachel” in newspaper reports and “RP” in the court report, has been backed by John Hemming, Liberal Democrat MP for Birmingham Yardley, who also acted, along with the woman’s brother, as her “McKenzie Friend” during the court hearing.

Hemming, who is campaigning for mother and child to be allowed to live together, came in for severe criticism by Lord Justice Wall at the hearing last year, in RP v Nottingham County Council [2008] EWCA Civ 462, over his allegation that the expert clinical psychologist was biased in favour of the local authority.

Wall LJ said: “I find it not only unacceptable but shocking, that a man in Mr Hemming’s position should feel able to make so serious an allegation without any evidence to support it.”

Rachel’s daughter was discharged from hospital into the care of foster parents, and has never been in the sole care of her mother. Rachel was represented at subsequent hearings by the official solicitor, on the recommendation of an independent clinical psychologist, owing to the difficulties she had in understanding information.

Rachel later argued that she was unaware that she was being represented by the official solicitor until after the placement order, however, Wall LJ judged“wholly untenable any suggestion that RP did not know that the Official Solicitor was acting on her behalf. The evidence is overwhelmingly to the contrary”.

Elspeth Thomson, partner, David Gray solicitors and cochair of Resolution’s children’s committee, says: “In my experience the information the Official Solicitor gives to parents is good. I can’t see a situation where the European Court of Human Rights is going to say the Official Solicitor should not
be appointed to look after the interests of parents without mental capacity.”

Issue: 7373 / Categories: Legal News , Public , Human rights
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll