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[1] This case relates to care proceedings under the Children (Northern Ireland) Order 1995 and freeing for adoption under the Adoption (Northern Ireland) Order 1987. Accordingly, the names of the parties have been anonymised and nothing should be reported that would serve to identify the child who is the subject of these proceedings or the parents of the subject child.
[2] This is an appeal from the decision of Maguire J who granted the application of the Health and Social Care Trust ("the Trust") for a Care Order in respect of the child of W and E (hereinafter called "M") pursuant to Article 50 of the Children (Northern Ireland) Order 1995 ("the 1995 Order") and that the child further be freed for adoption pursuant to Article 18 of the Adoption (Northern Ireland) Order 1987 ("the 1987 Order").
[3] Ms Smyth QC appeared on behalf of the Trust, Mr�McGuigan QC appeared as a pro-bono counsel on behalf of the appellant with Mr Jones and Ms Ross appearing on behalf of the Guardian ad Litem. We are grateful to all counsel for the care and thoroughness in which the respective arguments both written and oral were presented to this court. In particular we pay tribute to the efficient working of the pro-bono system in this case on behalf of the appellant.
[4] Where relevant the provisions of the 1995 Order provide as follows in Article 50:
[5] The well-known "Welfare Checklist" is found in Article 3 which provides as follows:
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