Child Protection and the Family Court: What you Need to Know: Third Edition (Bloomsbury Family Law)

Child protection made simple: the plain-speaking guide for all those concerned with the protection of children.Providing a clear and uncomplicated route through the child protection process. Diagrams and charts are included to aid understanding; jargon and acronyms are only included in order to explain them and key court decisions are explained in their proper context.In addition to coverage of local authority safeguarding duties and investigations, parental responsibility, wardship and the inherent jurisdiction and secure accommodation, new content in this edition includes: A chapter on special guardianship, helpful for those who find themselves involved in legal proceedings without access to legal aid, such as grandparents Developments in cases involving: Radicalisation Adoption Children or parents who are nationals of a foreign country The introduction of the Child Arrangements Programme for private lawThis title is included in Bloomsbury Professional's Family Law online service. Foreword from the First Edition Preface Table of Cases Table of Statutes Table of Statutory Instruments Table of International Legislation Table of Abbreviations Glossary Chapter 1 An Introduction to the Family Court Legal systems within the United Kingdom What is the Family Court? The structure of the Family Court The relationship between the Family Court and the High Court Appeals Public law and private law children proceedings The Family Procedure Rules 2010 Transparency and confidentiality Practice Directions and Guidance CAFCASS/ CAFCASS CYMRU HMCTS Chapter 2 Introduction to Child Protection Introduction Child protection and adoption Children Act 1989 Parental responsibility Welfare is paramount Child protection Care order and supervision order Emergency powers Adoption and Children Act 2002 Relationship between care proceedings and the adoption process Who can adopt? Intercountry adoption Human Rights Act 1998 The UN Convention on the Rights of the Child Statutory rules and government guidance Wales Family Justice Council Wardship and the inherent jurisdiction of the High Court Chapter 3 Parental Responsibility and Disputes between Parents Introduction Who is a parent? DNA testing Parental responsibility What is it? Who has it? Parental responsibility and the child: Gillick competence Guardians and special guardians Guardians Special guardianship Section 8 orders Child arrangements orders: ‘spends time with’ orders ‘Spends time with’ orders and domestic abuse Interim orders Children and Adoption Act 2006 Shared ‘lives with’ orders Specific issue and prohibited steps orders Parenting plans Removing a child from the jurisdiction Section 8 orders: procedure The application The respondents Welfare reports The child as a party: guardians ad litem in private law proceedings Chapter 4 Local Authorities and the Family Local authorities, children and families Inter-agency working and local safeguarding partners The provision of services Services provided to all children Children in need Services for children in need Children with special educational needs and disabilities Young Carers Accommodating children: local authority Accommodation where the child has no parent or the parents consent: CA 1989, s 20 Local authority provision of accommodation Accommodation for children in care Looked after children: care planning and reviews Care plans for children subject to care orders: the role of the court Types of accommodation for looked after children Foster care Relative and friend foster placements Regulation of fostering services Local authority foster parents Approval of foster parents: the process Agency foster parents Emergency placements Rights and duties of foster parents Funding Children’s homes Placement with parents Placement with parents: assessment checklist Accommodating children who are not looked after Private fostering Accommodation by voluntary organisations Other informal arrangements Leaving care Eligible children Relevant children Responsibilities towards eligible and relevant children Former relevant children ‘Staying Put’ Chapter 5 Referrals, Assessments and Emergency Intervention Introduction The initial referral The local authority’s response The child protection investigation: section 47 A court ‘referral’: section 37 Interim care or interim supervision orders Appointment of a children’s guardian Further child protection measures Child protection plans The child protection conference The initial child protection conference: key functions The core group Review conferences Ongoing legal proceedings Police protection: section 46 Police protection: key features Duties of the officer taking the child into police protection Duties of the designated officer Emergency protection orders: section 44 Emergency protection orders: key features Procedure Without notice applications Application for emergency protection orders: checklist If application made without notice If application made by telephone Grounds Effect of the order Locating and removing the child Contact Exclusion requirement: section 44A Medical examinations and assessments Challenging an emergency protection order Child assessment orders: section 43 Child assessment orders: key features Procedure Grounds for the order Effect of the order Recovery orders: section 50 Procedure Effect of the order Older children Child safety orders and parenting orders Chapter 6 Care and Supervision Orders The orders available Care orders Supervision orders The threshold criteria Significant harm ‘Likely to suffer’ The relevant date ‘Attributable to parental care’ The standard expected of a reasonable parent The child beyond parental control The welfare checklist; the European Convention on Human Rights; a holistic analysis The welfare checklist The European Convention on Human Rights A holistic welfare analysis The birth family Splitting siblings Babies and young children Older children Very young parents Physical and learning disabilities The care plan Care proceedings: application and procedure The parties Intervenors Allocation of proceedings The designated local authority The role of the court The Public Law Outline Attendance of the media at hearings Interim orders Exclusion requirements Fact-finding or split hearings Assessments The local authority’s care plan Parallel planning Concurrent planning Final order or interim order? Withdrawing the application Discharging the order Representing the child The role of the children’s guardian The role of the solicitor for the child Evidence Fundamental principles Hearsay evidence Interviewing children Interviewing children: key checklist Disclosure Public interest immunity Confidentiality and disclosure outside the proceedings The role of the expert witness Parental contact with children in care Further issues Serious allegations and the standard of proof Human rights and the threshold criteria Radicalisation Uncertain perpetrators Care or supervision order? Chapter 7 Adoption What is adoption? Intercountry adoption Who can be adopted? Who can adopt a child? Adoption by a couple Parent as an adopter Step-parent adoption Sole applicant Previous applicants The welfare of the child The paramountcy principle Ceasing to be a member of the original family and becoming an adopted person Relationship which the child has with relatives and prospective adopters Religion, race and culture Whole range of powers and ‘no order’ principle Whole range of powers available ‘No order’ principle Parental consent Overview Consent to adoption ‘Parent’ Guardian Consent to placement for adoption Advance consent to adoption Consent to making of adoption order Form and proof of consent Intercountry adoptions: consent The effect of giving consent Placement for adoption or advance consent to adoption Dispensing with parental consent Grounds for dispensing with parental consent Procedure for dispensing with consent Adoption services Prospective adopters Advice and information Assessment Adoption Panel Independent Review Mechanism Matching and placement The birth family Counselling and support Life story work Access to confidential adoption information Confidentiality Registration and tracing natural family Adopted Children Register Going behind the adoption curtain: tracing the natural family Person adopted before 30 December 2005 Person adopted after 30 December 2005 Adoption Contact Register Placing a child for adoption Background ‘Placement for adoption’ Two routes to placement for adoption Placement with parental consent Placing a child under six weeks old Form of consent Advance consent to adoption Consequences of parental consent to placement for adoption Restrictions on changing name or removing from UK a child placed for adoption Withdrawal of consent Position of a father without parental responsibility Placement under a placement order Placement orders Conditions for making a placement order Local authority required to apply for a placement order Status of child pending determination of placement order application Consequences of a placement order Revocation of a placement order Care proceedings: how does a plan for adoption develop? Contact on placement and after adoption Contact arrangements when child is authorised for an adoption placement Adoption agency power to refuse to allow contact Application for s 26 contact order Contact after an adoption order Illegal placements and other prohibited steps Applying for an adoption order Consequences of an adoption order Adoptions with an international element Foreign child ‘adopted’ abroad Foreign child brought into England and Wales for adoption Facilitating the adoption abroad of a child from the UK Convention adoptions Chapter 8 Special Guardianship Application and procedure Special guardianship orders within care proceedings Support services and financial support Interaction with other orders Variation and discharge Chapter 9 Secure Accommodation and Deprivation of Liberty Introduction What is secure accommodation? Secure accommodation: key features Criteria for a secure accommodation order Effect of a secure accommodation order Secure accommodation without an order Secure accommodation with an order Age and other restrictions Children looked after by the local authority Children accommodated by the health or education authorities Children who are charged or convicted of a criminal offence Children who have been convicted Children who have been charged and/or are on remand Children detained under the Mental Health Act 1983 Procedure Representation of the child Challenging the order The local authority’s obligations Educational provision Review Release Deprivation of liberty The inherent jurisdiction Spotting a case in which there is a deprivation of liberty Key points to remember Procedure Looking to the future Chapter 10 Medical treatment and other complex issues: The High Court’s Inherent Jurisdiction The High Court’s inherent jurisdiction – introduction Wardship Effects of wardship Common uses of the wardship jurisdiction Medical treatment Publicity Protection from publicity: statute Criminal proceedings: limitation of High Court’s jurisdiction Child abduction and forced marriage Radicalisation The inherent jurisdiction outside wardship Medical treatment and terminal illness under the inherent jurisdiction Terminal illness Limitations on the use of the inherent jurisdiction with respect to children Children in care Procedure Chapter 11 Challenging the local authority Introduction Parental responsibility and consent Independent reviewing officer Making a complaint Powers of the Secretary of State Children’s Commissioner Local Government and Social Care Ombudsman Judicial review Appeals Human Rights Act 1998 Article 6: Right to a fair trial Article 8: Right to respect for private and family life Applying the ECHR in domestic courts under the HRA 1998 Reference to the European Court of Human Rights Appendix 1 Children Act 1989, ss 1–50 Appendix 2 Adoption and Children Act 2002, ss 1, 18–29, 42–52, 66–68, 83–95 Appendix 3 Family Procedure Rules 2010, parts 1, 12, 14, 25 and 30 and practice directions 12A, 12B, 12J, 25B, 25C Appendix 4 Framework for the Assessment of Children in Need and Their Families Appendix 5 Schedule of Items in Relation to the Exercise of Parental Responsibility Appendix 6 Key Extracts from Important Judgments Index "Child protection made simple: the plain-speaking guide for all those concerned with the protection of children. Providing a clear and uncomplicated route through the child protection process. Diagrams and charts are included to aid understanding; jargon and acronyms are only included in order to explain them and key court decisions are explained in their proper context. In addition to coverage of local authority safeguarding duties and investigations, parental responsibility, wardship and the inherent jurisdiction and secure accommodation, new content in this edition includes: A chapter on special guardianship, helpful for those who find themselves involved in legal proceedings without access to legal aid, such as grandparents Developments in cases involving: Radicalisation Adoption Children or parents who are nationals of a foreign country The introduction of the Child Arrangements Programme for private law."--Bloomsbury Publishing. This is a practical guide to the complex area of public child law with a focus on providing a clear and practical explanation of the law and procedure with an examination of the key cases and an emphasis on fact-based examples. Fully updated and revised, the third edition builds on its predecessors following the bedding in of various changes in law including the creation of the Family Law Court, the introduction of further provisions in the Public Law Outline and the further development of case law and practice