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Child Care and Protection: Law and Practice 7th edition

Child Care and Protection: Law and Practice 7th edition

  • 作者：
  • 出版商： Wildy, Simmonds and Hill Publishing
  • ISBN: 9780854903061
  • Previous Edition ISBN: 9780854902682
  • 出版时间 September 2024
  • 规格： Paperback
  • 适应领域： U.K. ? 免责申明：
    Countri(es) stated herein are used as reference only
￥549.90
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  • 描述 
  • 大纲 

  • 详细

    “...the breadth of legal topics covered, along with their application and use within practice is striking...with specific references and analysis on updating legislative provisions, regulations, practice guidance, and case law…each chapter has a break-down of the issues that one must bear in mind. All practitioners have to do is read it, apply it, and reap the benefits… would definitely recommend this book to other practitioners.”. Review in Pink Tape by Dominik Morton, St John’s Chambers

    "...a practitioner’s friend during these times of increasing changes and revision in child law proceedings, plus the ever re-modelling of our process as more and more legislation and guidance is produced. Keep up to date! Review, Richmond Green Chambers

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

    The new edition of this popular title has been extensively updated to provide a practical guide to the complexities of the Children Act 1989 and subsequent child protection legislation, guidance and case law. Among the developments included in this edition are:

    - the changes brought about by the Public Law Outline in January 2023 to family justice, particularly in relation to expert evidence, time limits, care plans and delay;

    - the law surrounding deprivation of liberty as it relates to children, regarding the interface between care proceedings and Article 5 ECHR, and consideration of key case law, such as Re T (A Child) [2021] UKSC 35;

    - the revision of Practice Directions, such as PD12A (Care and Supervision Proceedings and other Part 4 Proceedings: Guide to Case Management), Child Arrangements Programme (PD 12(B), and Revised PD12J – Domestic Abuse and Child Arrangements, Pilot Reporting and Private Law Review;

    - significant case law developments in children law since publication of the last edition; and

    - the revised edition of Working Together to Safeguard Children (2023), which has changed the position in relation to safeguarding and child death reviews, as well as assessments.

  • 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 Family Court in 2014

    2. Principles Underlying the Children Act 1989
    2.1 Paramountcy of the welfare of the child
    2.1.1 Welfare checklist
    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
    3.1.1 Duration
    3.1.2 Parental responsibility and medical consent:
    Young people aged 16 and over
    Children aged under 16
    3.1.3 What if there is no one with parental responsibility?
    3.2 Legal position of child’s birth mother
    3.3 Legal position of child’s father
    3.3.1 Married fathers and those who are civil partners
    3.3.2 Unmarried fathers
    3.4 Acquisition and loss of parental responsibility by child’s birth father
    3.4.1 Parental responsibility order
    3.4.2 Parental responsibility agreement with the mother
    3.4.3 Joint registration of the birth by father and mother
    3.4.4 Child arrangements order, specifying living with, and parental responsibility
    3.5 Acquisition of parental responsibility by others
    3.5.1 Relatives
    3.5.2 Step-parents
    3.5.3 Non-relatives
    3.5.4 Guardianship
    3.5.5 Special guardianship order
    3.5.6 Parental responsibility, surrogacy and
    the Human Fertilisation and Embryology Act 2008
    3.5.7 Parental orders under section 54 of the Human Fertilisation and Embryology
    Act 2008
    3.6 Public funding in children cases
    3.6.1 Public funding changes

    4 Every Child Matters: Child Protection Procedures in Health and Social Work
    4.1 Safeguarding partners, child safeguarding practice reviews, child practice reviews and child death review partners
    4.1.1 Safeguarding partners and child safeguarding practice reviews
    4.1.2 Child death review partners
    4.1.3 Child practice reviews
    4.2 Hierarchy within social services departments
    4.3 Referral procedures and preliminary investigations
    4.3.1 Involving the child
    4.3.2 Involving families and information sharing
    4.4 Child protection conferences
    4.4.1 Purpose
    4.4.2 Who should be invited to a child protection conference?
    4.4.3 Documents
    4.4.4 Decisions to be made and actions to be taken
    4.4.5 Categories of abuse
    Emotional abuse
    Neglect
    Physical injury
    Sexual abuse
    4.4.6 Criteria for discontinuance of the child protection plan
    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
    4.8.1 Duty to investigate potential or actual harm to child
    4.8.2 Local authority duty to children in need
    4.8.3 Services for children and their families
    4.8.4 Duty to children aged under 5
    4.8.5 Compliance with court order to investigate child’s circumstances, section 37 of the Children Act 1989
    4.8.6 Looked after children: responsibility of the local authority

    5 Emergency Protection Orders
    5.1 Effects of order
    5.2 Duration
    5.3 Grounds for application
    5.4 Practice and procedure
    5.4.1 Application
    5.4.2 Respondents
    5.4.3 Applications made without notice (previously referred to as ex parte applications)
    5.4.4 Notice
    5.4.5 Service
    5.4.6 Attendance
    5.5 Contact, accommodation and the rights of the child
    5.5.1 Contact
    5.5.2 Accommodation
    5.5.3 Rights of the child
    5.6 Variation and discharge
    5.7 Exclusion requirement under emergency protection order
    5.7.1 Two notes of caution
    5.8 How do ‘without notice’ orders and Article 6 of the ECHR fit together?
    5.9 Emergency applications and newborn children
    5.9.1 Out of hours emergency protection order applications

    6 Child Assessment Orders
    6.1 Effects of order
    6.2 Grounds for application
    6.3 Practice and procedure
    6.3.1 Application
    6.3.2 Venue
    6.3.3 Respondents
    6.3.4 Notice
    6.3.5 Service
    6.3.6 Generally
    6.3.7 Discharge of order
    6.4 Contact, accommodation and the rights of
    the child
    6.4.1 Contact
    6.4.2 Accommodation
    6.4.3 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
    7.3.1 Standard of proof
    7.3.2 Linking harm or likelihood of harm to the facts and test for separation
    7.4 Practice and procedure
    7.4.1 Applicants and public funding
    7.4.2 Venue
    7.4.3 Form
    7.4.4 Respondents
    7.4.5 Notice and court actions on issue
    7.4.6 Service
    7.4.7 Attendance
    7.5 Interim orders
    7.6 Effects of care order
    7.6.1 Duration
    7.6.2 Parental responsibility and care plans
    7.6.3 Proportionality, kinship care and local authority accommodation of the child
    7.6.4 Planning transition to adulthood
    7.6.5 Contact with a child in care
    7.6.6 Rights of the child in care proceedings and under a care order
    7.6.7 Rights of parents of a child in care
    7.7 Public Law Outline – principles, ‘fact-finding hearings’, issues resolution, interim and final hearings
    7.7.1 Main principles of the Public Law Outline (Practice Direction 12A)
    7.7.2 Various parts of Practice Direction 12A
    7.7.3 Fact-finding hearings/split hearings
    7.7.4 Practice Direction 12A checklists
    Pre-proceedings checklist
    Stage 1 issue and allocation
    Stage 2 advocates meeting and case management hearing
    Stage 3 advocates meeting and issues resolution hearing
    Stage 4 final hearing (if necessary)
    7.8 Assessments and care planning
    7.9 Effects of supervision order
    7.9.1 Interim orders
    7.9.2 Duration of care and supervision
    7.9.3 Directions in supervision orders
    Directions to the child
    Directions to a ‘responsible person’
    7.9.4 Enforcement
    7.9.5 Designated local authority
    7.10 Removal of child from care
    7.11 Variation, discharge and appeals
    7.11.1 Variation and discharge
    Applicant
    Notice
    Respondents
    7.11.2 Appeals
    7.12 Effects of the Human Rights Act 1998 on care and supervision proceedings

    8 Secure Accommodation and Deprivation of Liberty Orders
    8.1 Restricting liberty with a secure accommodation order
    8.1.1 Safeguards
    8.1.2 Criminal cases (secure orders)
    8.1.3 Use of secure accommodation in civil cases
    8.2 How long can a child be kept in secure accommodation?
    8.2.1 Where no court order made
    8.2.2 Secure order (child on remand in a criminal case)
    8.2.3 Civil cases and children not on criminal remand – secure accommodation orders
    8.2.4 Adjournments
    8.3 Grounds for application
    8.3.1 Children detained in criminal cases
    8.3.2 Children in civil cases
    8.3.3 Deprivation of liberty and secure accommodation
    8.3.4 Welfare of the child and secure accommodation
    8.4 Practice and procedure
    8.4.1 Application
    8.4.2 Forms
    8.4.3 Venue
    8.4.4 Respondents
    8.4.5 Notice
    8.4.6 Service
    8.5 Role of the children’s guardian
    8.6 Contact
    8.7 Rights of the child
    8.7.1 Reviews
    8.7.2 Attendance at court
    8.7.3 Public funding
    8.7.4 Right to legal advice
    8.7.5 Age of child
    8.8 Appeals and the Human Rights Act 1998
    8.9 Deprivation of liberty orders
    8.9.1 What constitutes a deprivation of liberty?
    8.9.2 Applications for a deprivation of liberty order and the National DoL List
    8.9.3 Use of the inherent jurisdiction and position surrounding the child’s consent
    8.9.4 Court of Protection and deprivation of liberty applications
    8.9.5 Shortage of placements and ongoing difficulties
    8.9.6 Deprivation of liberty orders and enforceability in Scotland
    8.9.7 Unregistered placements and supported placements

    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
    9.4.1 Application
    9.4.2 Venue
    9.4.3 Notice
    9.4.4 Respondents
    9.4.5 Service
    9.5 Rights of the child
    9.6 Variation, discharge and appeals
    9.6.1 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
    11.2.1 Checklist for information from parents
    11.2.2 Checklist for Public Law Outline requirements on information from local authorities and social workers
    11.2.3 Checklist for basic initial information from medical witnesses
    11.2.4 Working with parents with a learning disability and participation directions
    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
    11.5.1 Character
    11.5.2 Best evidence and hearsay
    11.5.3 Opinion
    11.5.4 Statements made by children’s guardians
    11.5.5 No professional privilege for medical or psychiatric reports
    11.5.6 Case management hearings – ordering the evidence
    11.6 Court procedure at the hearing
    11.6.1 Notes of evidence
    11.6.2 Order of evidence
    11.6.3 Extent of evidence
    11.6.4 Case management hearing/issues resolution hearing: key checklist matters for advocate to consider
    11.7 Courtroom skills
    11.7.1 Court manners
    11.8 Transparency
    11.8.1 Media attendance and reporting hearings
    11.8.2 Objections to attendance

    12 Children’s Rights
    12.1 To accept or refuse medical treatment
    12.1.1 Children aged over 16 (but under 18)
    12.1.2 Children aged under 16
    12.1.3 Children who lack capacity to make a decision
    12.1.4 Where no available person has parental responsibility
    12.2 To accept or refuse medical or psychiatric assessment
    12.2.1 Circumstances in which the court may direct medical or psychiatric examination or assessment which the child has a right to refuse
    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
    13.2.1 Leave to apply
    13.2.2 Considerations on application for leave
    13.2.3 Duration
    13.2.4 When the court may not make an order under section 8 of the Children Act 1989
    13.2.5 Welfare reports in applications under section 8 of the Children Act 1989
    13.3 Contact (spending time with, or otherwise having contact with)
    13.3.1 Contact disputes
    13.3.2 Activity orders
    13.4 Prohibited steps
    13.5 Residence (living with)
    13.5.1 Residence and parental responsibility
    13.6 Specific issue
    13.7 Supplementary provisions
    13.8 Practice and procedure in applications under section 8 of the Children Act 1989
    13.8.1 Mediation Information and Assessment Meetings and non-court dispute resolution
    13.8.2 Applications
    13.8.3 Venue
    13.8.4 Notice of application for orders under section 8 of the Children Act 1989
    13.8.5 Respondents
    13.8.6 Service
    13.8.7 Applications made without notice (formerly known as ex parte procedures)
    13.8.8 Withdrawal, variation, discharge and appeals
    13.9 Family assistance order

    14 Commencement and Transfer of Proceedings
    14.1 General rules
    14.2 Applicants and allocation of family case
    14.2.1 Proceedings which must be commenced in the Family Division of the High Court
    14.2.2 Proceedings which must be commenced in the Family Court
    14.3 Transfers
    14.4 Urgent applications

    15 Working with Children
    15.1 Appointment and role of the children’s guardian
    15.1.1 Official Solicitor
    15.1.2 Public funding, access to information and disclosure
    15.1.3 Specified proceedings
    15.2 Conflict between children’s guardian and child
    15.2.1 Confidentiality
    15.3 Should I see my child client?
    15.3.1 Meeting a child client
    15.3.2 Decisions concerning a child’s competence
    15.4 Taking instructions and communicating with children
    15.4.1 Guidelines on effective meetings and communication 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
    16.1.2 Resources for professionals
    16.2 Assessment Framework
    16.3 Care planning
    16.4 Adoption issues
    16.4.1 Legislation and other materials
    16.4.2 Independent Review Mechanism
    16.4.3 Publications

    17 Appeals and Enforcement
    17.1 Appeals and judicial review
    17.1.1 Appeal process and when permission is required
    17.1.2 Time limits for notice and procedure
    17.1.3 If permission is refused
    17.1.4 When will permission be granted?
    17.1.5 Judge sitting in Family Court appeals
    17.1.6 Lay justices/magistrates appeals
    17.1.7 Circuit judge or recorder appeals
    17.1.8 Judge of High Court Judge level appeals
    17.2 Complaints procedures
    17.3 Enforcement

    18 Expert Evidence
    18.1 What is an expert witness?
    18.2 Choosing and instructing expert witnesses
    18.2.1 Funding issues and prior authority from the Legal Aid Agency to instruct expert witnesses
    18.3 Expert witness evidence
    18.3.1 Expert instruction checklist
    Permission, consents and preliminary enquiries of experts
    Letters of instruction
    Updating, expert conferences, agreed evidence and points in issue
    Expert reports
    18.4 Expert evidence in court
    18.5 Finding the right expert
    18.5.1 Registers and directories
    18.5.2 Online resources

    19 Improving Law, Skills and Practice
    19.1 Professional and interdisciplinary associations
    19.2 The Law Society’s Children Law Accreditation
    19.3 Sources of useful information and contacts for children and families, and those who work with them

    Index

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