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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I adopted my two boys in 2001/2002 but the council i adopted

Customer Question

I adopted my two boys in 2001/2002 but the council i adopted from did't disclose there medical files at the time and one of the boys had a late diagnosis of ASD.I did get the medical files some time after October 2003 and found that my son had 5mins delay in breathing.Should the council have informed me of this his Birth Mother was a known drug taker during this pregnancy.He also suffers from dyslexia, autism, and chrons disease.
If so would it be possible for a no win no fee solicitor to help us on this please
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
I will try and assist but I need some further information first.
What claim were you hoping to make?
Claire
Customer: replied 4 years ago.

Hi Claire hoping there might be claim for council not telling us about possible health problems could the council be liable for negligence by not informing us of possible issues.


 


A and Another v Essex County Council

Expert:  Clare replied 4 years ago.
Hi
Would you have not gone ahead had you been aware of the medical difficulties?
Is this likely to be born out by the original approval of you by Panel?
Claire
Customer: replied 4 years ago.

Hi Claire If i had know about the possibility of medical problems at the time at least i would have had a choice.I believe by not informing me they took that choice away from me. I have two birth children and i believed i was doing something good by adopting but it has been so hard getting the help needed this is such a complexed case i have some much to say and i am so fed up of the run around one of my adopted boys is now in care because i can't cope and i am getting very little help from L.A


Ricky 07774 755192.

Expert:  Clare replied 4 years ago.
Hi
How old were they when they were adopted?
Claire
Customer: replied 4 years ago.
Hi Claire they were two and three years old
Expert:  Clare replied 4 years ago.
Hi
I am afraid that the case you refer to is not about adoption but about fostering - and of course the circumstances in that case were extreme.
There is in fact a case relating to a claim by adoptive parents from 2004
which found
"it is not fair, just and reasonable to impose upon the professionals involved in compiling reports for adoption agencies a duty of care towards prospective adopters"
or in other words no there is no claim that you can make as they had no duty of care towards you
The full judgement is set out here
http://www.ipsofactoj.com/international/2004/Part12/int2004(12)-006.htm
I am sorry that the reply is not what you hoped for but if you need further clarification please let me know
Claire