Child Care and Protection: Law and Practice (6ed)
£39.00
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.
Contents:
- 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
Publisher: | Wildy Simmonds & Hill Publishing |
ISBN: | 9780854902682 |
Author(s) | Mahmood, S and Doughty, J |
Edition | 6 |
Format | Pb |
Publication Date | 30/08/2019 |