fbpx

High Court Encourages Social Workers to Make Use of Facebook

6th June 2017 By Arman Khosravi

In the Internet era, it is wholly acceptable to use Facebook or other social media to make contact with those who have to be notified of family proceedings. The High Court made that point after being forced to abandon an adoption hearing due to a failure to successfully track down a young boy’s natural mother.

The boy had been taken into local authority care following a breakdown in his living arrangements with his parents. He was placed with a foster parent who wished to adopt him. Adoption proceedings were launched, but were resisted by the boy’s father on the basis that he had transformed his lifestyle.

The boy’s mother, who lived abroad, was required to be notified of the proceedings so that she could play a full part in the hearing if she so wished. The council had made abortive efforts to contact her through a foreign embassy. At a late stage in the proceedings, however, the father’s partner claimed that she had very rapidly managed to establish contact with her via Facebook.

The Court found that there was no bar on social workers themselves carrying out such Internet research. It was deeply regrettable that the council had not found a means of informing the mother of the proceedings, of which she had been entirely unaware. That failure had resulted in a substantial waste of both private and public funds.

Notwithstanding the potential damage that further delay would cause to the child’s welfare, and the upset endured by the proposed adopter, the Court found that it was obliged to abandon the hearing. The case would have to start again from scratch, this time with the mother enjoying a full opportunity to put forward her views.

Source: Concious

Latest News

Tenants Can Purchase Freehold When Landlord Cannot Be Found

11th June, 2024 By

The Leasehold Reform, Housing and Urban Development Act 1993 gives qualifying leaseholders the right to join together to buy the freehold of their properties – a process known as collective enfranchisement. A recent case demonstrated that this right can be exercised even when the landlord cannot be found. The leaseholders of two flats in a terraced house wished to purchase it from the landlord, but were unable to ascertain his whereabouts and therefore could not serve notice on him under Section 13 of the Act. They therefore applied for an...

Court Refuses to Set Aside Divorce Order Applied for by Mistake

6th June, 2024 By

While the courts have a range of powers to set aside orders, they will only exercise them in limited circumstances. In a somewhat surprising case that has attracted much comment, the High Court declined to set aside a final order of divorce that had been applied for by mistake. A couple separated in January 2023, after more than 21 years of marriage. In October that year, while financial remedy proceedings were still ongoing, the wife's legal representatives inadvertently applied for a final order of divorce in respect of her instead...

Waiting Time for Grants of Probate Falls

3rd June, 2024 By

Following concerns last year about delays in processing probate applications, recent figures from HM Courts and Tribunals Service show that waiting times for grants of probate are continuing to improve. The average time from submission of a probate application to probate being granted fell to 11.3 weeks in March 2024, a decrease from 13.7 weeks in February and 13.8 weeks in January. This is the lowest figure since March 2023, when the average was 10.8 weeks. The longest waiting time since then was in November, at 15.8 weeks: that month,...

Late Appeal Against Tax Penalties Rejected

31st May, 2024 By

It is incumbent on taxpayers to make sure they fully comply with their obligations to file returns and pay any tax due. The point was illustrated by a recent case in which a taxpayer whose return had not been received by HM Revenue and Customs (HMRC) failed to persuade the First-tier Tribunal (FTT) that he should be permitted to appeal against the resulting penalties. On the evening of 31 January 2014, the man had completed his 2012/13 Income Tax return on HMRC's website. Shortly afterwards he went to Cyprus, and...