Legality of placements orders under the Adoption Agency Regulations 2005

Somerset County Council v NHS Somerset Clinical Commissioning Group & Anor [2021] EWHC 3004:

Elizabeth Willsteed appeared as part of the team representing the Guardians for the 10 children  in this decision concerning the legality of placement orders made on the application of Somerset CC between 2017 – 2021 where the local authority had failed to comply with its obligations to obtain up to date medical information under the Adoption Agency regulations 2005. The court concluded that there were procedural irregularities but that these did not render those placement orders unlawful. 

The full judgment can be read here: 

https://www.bailii.org/ew/cases/EWHC/Fam/2021/3004.html

The issues identified in this case (and others) have since been transferred before the President of the Family Division who released this guidance:

https://mcusercontent.com/2750134472ba930f1bc0fddcd/files/7520feee-2860-6b49-06c1-273690d0aeaf/ANNOUNCEMENT_IN_RELATION_TO_THE_IMPACT_OF_NON_COMPLIANCE_WITH_THE_ADOPTION_AGENCIES_REGULATIONS_2005_.pdf

Elizabeth remains instructed as part of the team representing the children, and seeking to assist the President of the Family Division to identify a proportionate and fair method to address the issues of non-compliance before the Court in early March 2022. 

Read more about Magdalen Chambers here.