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22 February 2007
Issue: 7261 / Categories: Case law , Law digest
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FAMILY LAW

Re S (a child) (adoption: special guardianship) [2007] EWCA Civ 54, [2007] All ER (D) 81 (Feb)

(i) A special guardianship order is only appropriate if it is best fitted to meet the needs of the child concerned. The key question which the court is obliged to ask itself in every case in which the question of adoption, as opposed to special guardianship, arises is “which order will better serve the welfare of this particular child?” It is incumbent on judges to give full reasons and to explain their decisions with care.

Provided the judge has carefully
examined the facts, made appropriate findings in relation to them and applied the welfare check-lists contained in the Children Act 1989, s 1(3) and the Adoption and Children Act 2002, s 1, it is unlikely that the Court of Appeal will be able properly to interfere with the exercise of judicial discretion, particularly in a finely balanced case.

(ii) The court has power to make a special guardianship order of its own motion, where the welfare of the child is in issue in any family proceedings. The statute implicitly envisages an order being made against the wishes of the parties, and in a case in which the party seeking a different order eg adoption does not want to be appointed the child’s special guardian. Note that Re J [2007] EWCA Crim 55, contains a helpful Schedule of Main Differences between Special Guardianship Orders and Adoption which sets out the differences between the two orders in tabular form.

Issue: 7261 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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