Children's interests should be at the heart of adoption decisions, says Jonathan Herring
Family lawyers tend to be a hardened lot, but some cases can reduce the most reptilian of us to tears. For many Webster v Norfolk CC [2009] EWCA 59, [2009] All ER (D) 106 (Feb) will be one of those. It is not just a case where there was possibly a manifest injustice, but if so it was the worst kind of injustice: one that cannot be remedied. The case attracted considerable publicity and the facts are well known, and can be summarised briefly.
Mr and Mrs Webster had three children in three years born between 2000 and 2003. In late 2003 their middle child, B, was taken to hospital suffering multiple fractures. The hospital and local authority assessed the injuries to be non-accidental and caused by his parents. All three children were placed with foster parents and care proceedings were started. By the end of 2004 a care order was made and the children were
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