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11 June 2009
Issue: 7373 / Categories: Legal News , Public , Human rights
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Adoption row rumbles on

Official solicitor controversy could go to European Court of Human Rights

The controversy over the adoption of a three-year-old child with disabilities whose mother was judged to lack the intelligence to cope, could be referred to the European Court of Human Rights.

The woman, known as “Rachel” in newspaper reports and “RP” in the court report, has been backed by John Hemming, Liberal Democrat MP for Birmingham Yardley, who also acted, along with the woman’s brother, as her “McKenzie Friend” during the court hearing.

Hemming, who is campaigning for mother and child to be allowed to live together, came in for severe criticism by Lord Justice Wall at the hearing last year, in RP v Nottingham County Council [2008] EWCA Civ 462, over his allegation that the expert clinical psychologist was biased in favour of the local authority.

Wall LJ said: “I find it not only unacceptable but shocking, that a man in Mr Hemming’s position should feel able to make so serious an allegation without any evidence to support it.”

Rachel’s daughter was discharged from hospital into the care of foster parents, and has never been in the sole care of her mother. Rachel was represented at subsequent hearings by the official solicitor, on the recommendation of an independent clinical psychologist, owing to the difficulties she had in understanding information.

Rachel later argued that she was unaware that she was being represented by the official solicitor until after the placement order, however, Wall LJ judged“wholly untenable any suggestion that RP did not know that the Official Solicitor was acting on her behalf. The evidence is overwhelmingly to the contrary”.

Elspeth Thomson, partner, David Gray solicitors and cochair of Resolution’s children’s committee, says: “In my experience the information the Official Solicitor gives to parents is good. I can’t see a situation where the European Court of Human Rights is going to say the Official Solicitor should not
be appointed to look after the interests of parents without mental capacity.”

Issue: 7373 / Categories: Legal News , Public , Human rights
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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