Child Care and Protection: Law and Practice

6. Auflage 2019
ISBN: 978-0-85490-268-2
Verlag: Wildy, Simmonds and Hill Publishing

Buch, Englisch, 302 Seiten, Format (B × H): 215 mm x 141 mm, Gewicht: 392 g

Child Care and Protection: Law and Practice provides a practical and concise guide to the areas surrounding the Children Act 1989 and subsequent child protection legislation, guidance and case law. In addition to explaining the general principles of the law relating to child care and protection, the authors provide valuable insights into assessments, care planning, expert evidence, taking instructions, case preparation and courtroom skills.

Extensively updated, the sixth edition looks at all significant developments since the introduction of the Single Family Court in 2014, including the new procedures on control of expert evidence, duration of care proceedings, changes to children’s care plans, as well as the introduction of the Revised Practice Direction 12A (Care and Supervision Proceedings and other Part 4 Proceedings: Guide to Case Management), introduction of ‘child arrangements orders’, the Child Arrangements Programme (PD 12(B), with accompanying new forms and documents, and the Revised PD12J – Domestic Abuse and Child Arrangements.

Zielgruppe

Solicitors, barristers, legal executives, legal trainees and students, support staff in law and child care work, social workers, health professionals and academics in child protection and child care law and practice.

Autoren/Hrsg.

Doughty, Julie

Mahmood, Safda

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Preface
Acknowledgements
List of Abbreviations
List of Figures and Tables

1 GLOSSARY AND LEGISLATIVE FRAMEWORK
1.1 Glossary of basic definitions
1.2 Orders available under the Children Act 1989
1.3 Introduction to the Children Act 1989
1.4 Changes to the Children Act 1989 introduced with the new Family Court

2 PRINCIPLES UNDERLYING THE CHILDREN ACT 1989
2.1 Paramountcy of the welfare of the child
2.2 Delay is deemed prejudicial to child’s interests (the impact of the Public Law Outline)
2.3 No order unless necessary in the interests of the child

3 PARENTAL RESPONSIBILITY
3.1 Definition, powers and duties of parental responsibility
3.2 Legal position of child’s birth mother
3.3 Legal position of child’s father
3.4 Acquisition and loss of parental responsibility by child’s birth father
3.5 Acquisition of parental responsibility by others

4 EVERY CHILD MATTERS: CHILD PROTECTION PROCEDURES IN HEALTH AND SOCIAL WORK
4.1 Safeguarding Partners, Child Safeguarding Practice Review and Child Death Review Partners
4.2 Hierarchy within social services departments
4.3 Referral procedures and preliminary investigations
4.4 Child protection conferences
4.5 Assessment of risk
4.6 Child protection plan
4.7 Child and Family Court Advisory Support Service
4.8 Local authority duty to promote welfare of children in its area

5 EMERGENCY PROTECTION ORDERS
5.1 Effects of order
5.2 Duration
5.3 Grounds for application
5.4 Practice and procedure
5.5 Contact, accommodation and the rights of the child
5.6 Variation and discharge
5.7 Exclusion requirement under emergency protection order
5.8 How do ‘without notice’ orders and Article 6 of the ECHR fit together?
5.9 Emergency applications and new born children

6 CHILD ASSESSMENT ORDERS
6.1 Effects of order
6.2 Grounds for application
6.3 Practice and procedure
6.4 Contact, accommodation and the rights of the child
6.5 Appeals, variation and discharge

7 CARE AND SUPERVISION PROCEEDINGS
7.1 Care order – definitions
7.2 Grounds for application for a care or supervision order
7.3 Significant harm
7.4 Practice and procedure
7.5 Interim orders
7.6 Effects of care order
7.7 Public Law Outline – principles, ‘split hearings’, issues resolution, interim and final hearings
7.8 Assessments and care planning
7.9 Effects of supervision order
7.10 Removal of child from care
7.11 Variation, discharge and appeals
7.12 Effects of the Human Rights Act 1998 on care and supervision proceedings

8 SECURE ACCOMMODATION
8.1 Restricting liberty with a secure accommodation order
8.2 How long can a child be kept in secure accommodation?
8.3 Grounds for application
8.4 Practice and procedure
8.5 Role of the children’s guardian
8.6 Contact
8.7 Rights of the child
8.8 Appeals and the Human Rights Act 1998

9 EDUCATION SUPERVISION ORDERS
9.1 Effects of an education supervision order
9.2 Duration
9.3 Grounds for application
9.4 Practice and procedure
9.5 Rights of the child
9.6 Variation, discharge and appeals

10 POLICE POWERS UNDER THE CHILDREN ACT 1989
10.1 Police powers and responsibilities
10.2 Contact with child

11 INSTRUCTIONS AND CASE PREPARATION IN FAMILY PROCEEDINGS
11.1 Action plan on receipt of instructions from an adult or local authority
11.2 Interviewing clients
11.3 Preparation of the case
11.4 Burden of proof and standard of proof in child law cases
11.5 Special evidence rules in child law cases
11.6 Court procedure at the hearing
11.7 Courtroom skills

12 CHILDREN’S RIGHTS
12.1 To accept or refuse medical treatment
12.2 To accept or refuse medical or psychiatric assessment
12.3 To make his or her own application to the court
12.4 To request confidentiality and, in the event of disagreement with the children’s guardian, to instruct a solicitor separately
12.5 Rights of a child in care
12.6 UN Convention on the Rights of the Child

13 OTHER ORDERS AVAILABLE TO THE COURT IN FAMILY PROCEEDINGS
13.1 Orders in family proceedings
13.2 Section 8 orders
13.3 Contact (spending time with, or otherwise having contact with)
13.4 Prohibited steps
13.5 Residence (living with)
13.6 Specific issue
13.7 Supplementary provisions
13.8 Practice and procedure in applications under section 8 of the Children Act 1989
13.9 Family assistance order
13.10 Order to local authority to investigate under
section 37 of the Children Act 1989
13.11 Special guardianship

14 COMMENCEMENT AND TRANSFER OF PROCEEDINGS
14.1 General rules
14.2 Applicants and allocation of family case
14.3 Transfers
14.4 Urgent applications

15 WORKING WITH CHILDREN
15.1 Appointment and role of the children’s guardian
15.2 Conflict between children’s guardian and child
15.3 Should I see my child client?
15.4 Taking instructions and communicating with children
15.5 Child development
15.6 Understanding your child client – race, religion, culture and ethnicity
15.7 After the case is over
15.8 Judges seeing children in children law proceedings

16 ASSESSMENT OF CHILDREN IN NEED AND CARE PLANNING
16.1 Developments and materials
16.2 Assessment Framework
16.3 Care planning
16.4 Adoption issues

17 APPEALS AND ENFORCEMENT
17.1 Appeals and judicial review
17.2 Complaints procedures
17.3 Enforcement

18 EXPERT EVIDENCE
18.1 What is an expert witness?
18.2 Choosing and instructing expert witnesses
18.3 Expert witness evidence
18.4 Expert evidence in court
18.5 Finances for expert evidence
18.6 Finding the right expert

19 SOURCES AND GUIDANCE
19.1 Statutes and bills
19.2 Statutory instruments
19.3 Conventions, protocols and regulations
19.4 President’s guidance and practice guidance
19.5 Government and Law Society publications
19.6 Practice directions
19.7 Reading and reference list

20 IMPROVING LAW, SKILLS AND PRACTICE
20.1 Professional and interdisciplinary associations
20.2 The Law Society’s Children Law Accreditation
20.3 Sources of useful information and contacts for children and families, and those who work with them

Index

Über Autor(innen)

Doughty, Julie
Julie Doughty has practice experience as a former solicitor and guardian ad litem panel manager, and currently she is a lecturer in law at Cardiff University. Julie writes widely in journals on child law topics and is a trustee of The Transparency Project and Family Mediation Cymru.

Mahmood, Safda
Safda Mahmood has extensive experience in family law private practice and local government and currently practises as a solicitor, manager, and team leader in advocacy with Coventry City Council, Legal Services Department. He also runs training courses including Professional Development training for, amongst others, members of the Law Society Children Law Accredited Scheme, as well as various professional course providers.