The danger of looking at each progressively more interventionist option for a child in turn, starting with the least, is that, if that is the only analysis undertaken by a social worker or a judge, in a case that ends in adoption, you have looked at and rejected each of the lesser options in turn without ever, at any stage, asking yourself the central ‘adoption question’ posed by Wall LJ in Re P, namely, in my words, whether the other lesser options are so bad that the child’s welfare ‘requires’ adoption as opposed to any one of those other options. At a number of points both in the judgment of The President in Re R and in my own judgment, it was stressed that ‘nothing else will do’ applies in the context of the overriding requirements of the child’s welfare throughout her life. Parliament and the architects of the CA 1989 sought to assist the courts in undertaking the overall balancing exercise by adumbrating a list of likely relevant factors in the s 1(3) welfare checklist, and this was replicated in 1(4) of the ACA 2002. 1 Comments/Reviews. Bloomsbury Professional Law Online provides access to legal commentary and analysis from our, books, case law, looseleafs and journals, across 24 practice areas. A time of mist and mellow fruitfulness, but also a time for crispness and clarity of view. However, [a cited article and two cases] give added weight to the importance of emphasising the principle that adoption of a child against her parents' wishes should only be contemplated as a last resort – when all else fails. In terms of adoption, ACA 2002, s 52(1)(b) is explicit that ‘the court cannot dispense with the consent of any parent or guardian of a child to the child being placed for adoption or to the making of an adoption order in respect of the child unless the court is satisfied that the welfare of the child requires the consent to be dispensed with’. Whilst on some, if not many voyages, there would often be a friendly wave [no pun intended] from Welfare towards Proportionality, it was the course of Welfare that really mattered and, where the voyage ended at the Port of Adoption, the Navy were normally content provided Welfare got there and was tied up alongside the quay. Again, before descending to the cases, it is helpful to remind ourselves what the law and practice has always been. You can also subscribe to receive the titles that interest you. The process is wrong because it does not involve the court undertaking the old fashioned overall welfare balance that has always been required. If the ultimate outcome of the case is to favour placement for adoption or the making of an adoption order it is that outcome that falls to be evaluated against the yardstick of necessity, proportionality and "nothing else will do". Comment. It is a word which was plainly chosen as best conveying, as in our judgment it does, the essence of the Strasbourg jurisprudence. Image: stu_spivack. They include: The court in Re B-S expressed real concern about the ‘recurrent inadequacy of analysis and reasoning’ put forward in support of adoption by local authorities, guardians and, on occasions, judges. Talk to an Advisor: 01444 416119 customerservices@bloomsburyprofessional.com or send us a message, Bloomsbury Professional Ltd41-43 Boltro RoadHaywards HeathWest SussexRH16 1BJ, Tel 01444 416119Fax 01444 440426bplaw@bloomsbury.com, © Bloomsbury Publishing Plc 2020. 198. Under a heading ‘Where do we go from here?’, Sarah Phillimore notes that the decision has caused some consternation with many family practitioners who may have approached the issue as the ISW and guardian had done. The outcome for the child, as well as being that which meets her welfare requirements must also be ‘necessary’ for, in short terms, her ‘protection’. ‘There shall be no interference by a public authority with the exercise of [the right to family life] except such as is in accordance with the law and is necessary in a democratic society …[among other things]… for the protection of health or morals, or for the protection of the rights and freedoms of others.’. It remains the case that there will always be children for whom adoption is the right option, indeed, as it must be, the only option. In the circumstances of this case, it cannot be said that "nothing else will do" when nothing else has been tried. The most viewed. nothing else will do sarah / 20 / styles & hozier / hiatus (dm for quick response!) She, rightly, identifies the ‘clear and dangerous potential’ for “nothing else will do” to ‘distract from the essential welfare analysis and asking what does this particular child need’. The phrase "nothing else will do" is not some sort of hyperlink providing a direct route to the outcome of a case so as to bypass the need to undertake a full, comprehensive welfare evaluation of all of the relevant pros and cons (see Re B-S [2013] EWCA Civ 1146, Re R [2014] EWCA Civ 715 and other cases). Online research for solicitors and barristers practising in English law Free Trial, If you need any help with finding publications or just ask a question. Nothing else will do, babe Nothing else will do. The difference, and it is an important, indeed vital, difference, is simply that between section 1 of the 1989 Act and section 1 of the 2002 Act. dann wird es uns klar, dass die optimale Lösung der Toilette Nett® ist. Judges must be alert to, and stand up against, cases where resource issues may be affecting the local authority’s thinking. In P (A Child) [2008] EWCA Civ 535; [2008] 2 FLR 625 Wall LJ said: ‘This is the context in which the critical word “requires” is used in section 52(1)(b). 223. ‘What is also important to appreciate is the statutory context in which the word “requires” is here being used, for, like all words, it will take its colour from the particular context. I publish posts like this all the time. They may or they may not. A court ‘shall not make the order or any orders unless it considers that doing so would be better for the child than making no order at all’ are the familiar words of CA 1989, s 1(5). 1. Who Knows Where the Time Goes. First Last. It is Nothing Else Will Do. In deciding what will best promote that welfare, the court is required to have regard to the "checklist" of factors in section 1(3). A dynamic presence on every bandstand she graces, singer Ms Kennedy brings a captivating soulfulness to the proceedings on the Kennedy Administration’s self-titled debut. On appeal focus was given to the approach adopted by the independent social worker and children’s guardian which, it was held, was substantially in error because of a misuse or misunderstanding of the phrase ‘nothing else will do’. ‘In our judgment, however, this does not mean that there is some enhanced welfare test to be applied in cases of adoption, in contrast to what [counsel] called a simple welfare test. The phrase “nothing else will do” is not some sort of hyperlink providing a direct route to the outcome of a case so as to bypass the need to undertake a full, comprehensive welfare evaluation of all of the relevant pros and cons. nur die Maschine an der LPT-Schnittstelle anzuschließen. Nothing else will do, babe Nothing else will do. The ruling was based on a precedent-setting case known as Re B, where that much discussed phrase “nothing else would do” was first coined. Munich, Germany - March 27 (via @Hope_HES) posted viasad-harry-on-the-horse. Whitefish salad. In doing so some of the Supreme Court Justices offered ‘nothing else will do’ as a firmly worded illustration of the impact of ECHR, Art 8 and the requirement that a highly interventionist order such as adoption will only be justified if it is necessary and proportionate. After Re B, the later cases, all in the Court of Appeal, have sought to do no more than correct the approach of some judges in some cases where it was seen that the welfare and proportionality evaluation had fallen into error. Das mechanistische Weltbild war geboren: Alle Materie glaubte man nun als. As regards Turkey, I will be quite frank in saying that there are different positions in our group concerning its membership in the European Union, for our group is a very. In other words it must be ‘proportionate’ to the need to protect her. 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