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This judgment was handed down in private but the judge hereby gives leave for it to be published.
The judgment is being distributed on the strict understanding that in any report no person other than the advocates or the solicitors instructing them (and other persons identified by name in the judgment itself) may be identified by name or location and that in particular the anonymity of the child and the adult members of her family must be strictly preserved.
Mr Aidan Vine and (on 6 July 2007) Miss Louise Potter (instructed by the Group Solicitor) for the local authority Miss Joy Brereton (instructed by Cafcass Legal Services and Special Casework) for the child The respondent mother C appeared in person Hearing dates: 10 May 2007, 15 June 2007 and 6 July 2007 ____________________
Having considered the matter by reference both to our domestic law and to the European Convention for the Protection of Human Rights and Fundamental Freedoms, Holman J concluded at page 375 that it was indeed lawful. I agree.
Dame Elizabeth Butler-Sloss P observed of this in Re H; Re G (Adoption: Consultation of Unmarried Fathers) [2001] 1 FLR 646 at para [31] that Holman J "assumed" that there was no power, having heard no argument to the contrary. She herself (see at para [52]) did not have to consider whether there is such power.
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Common Room
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