RCW v A Local Authority

Robin Barda (instructed by Hudson & Co) for the Claimant Lee Pearman (instructed by Local Authority Solicitor) for the Defendant Hearing dates: 8 February 2013 ____________________

i) As indicated above, RCW was actually entitled to make her application for adoption on the day she was admitted to hospital for the operation, even though she did not do so;

ii) The only direct assessment undertaken by LBX of RCW and SB following the operation (certainly the only assessment relied on for present purposes) appears to have been on 24 January 2013, the very day when RCW was discharged from hospital after her operation. The social worker was waiting at RCW's home as RCW returned from the hospital. The observation at that meeting is recorded as follows:

iii) There is a possibility that RCW's adoption application was actually issued by the Principal Registry before LBX effected notice of the intention to remove SB from RCW's care.

i) She and SB are prima face entitled to the protection of section 35(5) because her application to adopt was "made" before she received notice of the intention to remove;