Top judge rules applications for declarations of validity of existing placement and adoption orders not necessary despite widespread failure to comply with health assessment requirements

[Alison J Stevens]

https://www.localgovernmentlawyer.co.uk/child-protection/392-childr...

Applications to the Court for an Adoption placement order, and the validity of the existing placement order are not required.

The Current president of the Family Division Sir Andrew McFarlane has come to the conclusion that despite the widespread poor knowledge of and failures to comply with the health assessment requirements in the Adoption Agency Regulations 2005,AAR2005.

https://www.legislation.gov.uk/uksi/2005/389/contents/made

However in the Case of    Somerset County Council v NHS Somerset Clinical Commissioning Group & Ors 

The President of the Family Division warned that poor practice would not be an excuse, so Local Authorities would have to be extra vigilant, in order to be satisfied that the medical requirements of the AAR 2005 have been carried out before any pending adoption application is decided by the Court.

A judgment of the above case clarifies what the family president  Sir Andrew McFarlane requires now to happen.

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