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Care and placement orders – clarification following Re B-S
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The President of the Family Division Sir James Munby has today handed down judgment in
Re R (A Child) [2014] EWCA Civ 1625 in which he has taken the opportunity to address what he refers to as the ‘widespread uncertainty misunderstanding and confusion’ which has arisen since the decisions in
Re B and
Re B-S . Specifically the President confirms in
Re R that
Re B-S was not intended to and has not changed the law. It has not set any higher hurdle for placement orders. Sometimes adoption is in the best interests of the child and where that is the case the courts should not shy away from making a placement order. Children should not be kept with their birth families if it compromises their welfare.
The President clarified the position as follows:
- Re B and Re B-S definitively set out the law and...
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