0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

damages for Lost Opportunity to be Adopted? – Maybe not after all

30 September 2011

DofE statistics show that around 4000 babies under the age of one were adopted in 1976 but this fell to 150 in 2007 and was down to just 60 in 2010. This is partly cultural, partly because the process takes over a year and partly because good practice requires social workers to try and keep families together.

Alongside all of this, local authorities are increasingly being asked to pay damages for failing to remove children from inadequate families early enough. Claimant lawyers often argue that delay means their clients have missed an opportunity to be successfully placed with an adoptive family, instead growing up in foster or institutional care. They say this part of the claim alone is worth at least £50,000.

Local authorities take heart – this latest report shows how difficult it is going to be to succeed in these arguments. Three quarters of children in care are placed with foster parents with a remaining 12% in residential accommodation. This suggests that only 10 to 12% are suitable to be even considered for adoption.

related opinions

The Restriction of Public Sector Exit Payments Regulations 2020

On 14 October 2020, The Restriction of Public Sector Exit Payments Regulations 2020 (the “Regulations”) were made into law and will come into force on 4 November 2020.

View blog

Internal Market Bill published today – the start of the controversy?

The Internal Market Bill is published today, but amid much controversy.

View blog

Important opportunity to comment on case law precedent

The UK government is considering extending this power to depart from retained EU case law to additional lower courts and tribunals, namely the Court of Appeal in England and Wales and the High Court of Justice in England and Wales and their equivalents.

View blog

COVID-19 child protection practice - four months in - lessons learned so far

In June 2020 the University of Birmingham published a research briefing exploring the impact of the COVID-19 pandemic on child protection practice.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up