Just got this email from my MP,
You will have head that Margaret Hodge MP, the Minister for Children Young People and Families, made a statement to the House of Commons on Monday about the implications of the Court of Appeal's judgement in the appeal against the conviction Angela Cannings. This has direct bearing on your case and so I felt it appropriate to wait until that statement has been made before meeting Margaret and asking about your individual circumstances.
I would gladly send you a copy of the statement if you would like but I will attempt to summarise it.
In essence the minister "gave a steer" to local authorities on how to proceed, whilst leaving it to the courts to deal with individual cases.
The Attorney General announced last month that he would consider 258 past convictions for the murder, manslaughter or infanticide of children under two, in order to ascertain whether the conviction is unsafe. In these cases social services departments will stand ready if cases are reviewed and go to appeal.
Within the next four weeks social services departments have also been asked to review current cases where care proceedings have commenced, to consider whether the Cannings case has implications.
Thirdly, within the next 12 weeks social services should identify those cases where a care order was made in the past, and where the making of the care order depended exclusively, or almost exclusively, on a serious disagreement between medical experts about the cause of harm. If that is so they should consider if there are now doubts about the reliability of the expert advice and, if in the best interests of the child, consider whether to apply to the court for the care order to be discharged. This will be a few hundred cases and it will be up to the family court judge to decide.
Where these last set of cases has then resulted in an adoption, as in your case, there are particular difficulties. I think you would agree with the Minister when she said "after adoption has taken place there are, of course, the interests of the child and the adoptive parents to consider, as well as those of the birth parents. The whole basis of adoption is that it ensures permanence and finality to all parties." She goes on to say that it would be up to each case to be judged but that only in most exceptional circumstances that courts will put aside an adoption order.
She says "if birth parents are worried they should take their own legal advice....every local authority is required to have an adoption support adviser. This may be an appropriate first point of contact."
Having spoken to Margaret's office about your case I can confirm that if you are eligible for legal aid then it would apply in these circumstances if you require legal advice and want to apply for a review of your case, including the judges order that you should not discuss the case with anyone. But in the first instance you may want to talk to ** (where I live) adoption support adviser. However if you want me to first proceed with a meeting with the minister to confirm and clarify any points please do not hesitate to contact me.
Yours sincerely
Jim
I have not fully taken all of this in,put thought I would post it while I have time, anyone translate this into English.
I am getting there with the txt mssg stuff, just sent one to myself !