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Family Law

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27 April 2009
Categories: Case law , Child law , Law digest , Family
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Re B (children)(placement order: expert reports) [2008] EWCA Civ 835, [2008] All ER (D) 228 (Jul)

An application for a placement order cannot properly be made by an adoption agency unless the agency decision maker is satisfied that the child in question should be placed for adoption, and Parliament (in the Adoption and Children Act 2002) has laid down that the decision maker cannot be so satisfied unless he has properly considered the recommendation of the Agency Adoption Panel.

It follows that, if the decision of the AAP is flawed in any material respect, the decision maker cannot properly consider the recommendation, and thus cannot be satisfied, in accordance with the process laid down by Parliament, that the child in question should be placed for adoption.

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