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Child Care and Protection: Law and Practice 6th ed

Child Care and Protection: Law and Practice 6th ed

  • 作者:
  • 出版商: Wildy, Simmonds and Hill Publishing
  • ISBN: 9780854902682
  • 出版时间 August 2019
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
New Edition is available now !
  • 描述 
  • 大纲 
  • 详细

    ' an excellent introduction to a complex area of law.' From a review in Law Society Gazette 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.

    "I would thoroughly recommend it as a readable and practical tool to assist the busy practitioner" Family Law review of previous edition

  • 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

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