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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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