Public Children Law: Contemporary Issues (Bloomsbury Family Law)

"Public children law is at the sharp end of our legal system, where some of the most difficult social and legal issues are considered. As the vehicle through which the State seeks to safeguard the most vulnerable of children, it interferes profoundly with the lives of individuals and families across England and Wales. Yet it must protect the rights of all individuals involved in the process. Its scope must contemplate the most needy - from those with physical, mental and learning disabilities to those suffering from addiction - and therefore its apparatus is complex and often misunderstood. Legal practitioners, social care professionals, children's guardians and members of the judiciary are pressed by circumstances to deal with these most difficult and unpredictable cases as a matter of urgency. For that reason, maintaining good practice can be a constant challenge. The proliferation of reported judgments and sharp rise in applications for public law orders place considerable pressures on all of those involved in public children law. That is made harder still by the recent rise in cases with an international dimension and the proliferation of different jurisdictional schemes that now apply. Those involved must constantly strive to stay on top of case law, procedural rules, and evolving statutes and regulations in order to be able to execute their responsibilities effectively and safeguard the best interests of the child. Public Children Law: Contemporary Issues is a guide to important, current and commonly misunderstood issues in public children law focusing on areas that have posed particular difficulties for practitioners in recent years. It: synthesises, in one place, the myriad sources of law in England and Wales sets out, simply and clearly, the key cases and procedure in relation to 12 themes central to contemporary public children law; and assists with good practice pointing out common pitfalls and how to avoid them. Each chapter functions as a stand-alone guide to an important, current and commonly misunderstood theme in public children law and provides an introduction to the relevant law, a discussion of the key principles, and a guide to good and bad practice. Where appropriate, it offers practical tips, flow charts, and guides to sound drafting of legal documents, including legal orders. The book starts from pre-proceedings, analyses the commencement of care proceedings, takes in pressing and contemporary issues that are increasingly common to such cases, and examines the current changes in emphasis in children law. Whilst the book examines complex legal concepts, with reference to specific case law and statutory instruments, it is accessible to a variety of audiences and provides contemporary analysis of many of the topics that the family court has grappled with in recent years."--Bloomsbury Publishing. Foreword Preface Acknowledgments Contents Table of Statutes Table of Statutory Instruments Table of European Legislation Table of Cases Chapter 1 Section 20 of the Children Act 1989 Introduction History of the Children Act 1989, s 20 and current pressures Accommodation under s 20 Current law in relation to s 20 A draft s 20 agreement Claims for declaration and damages Conclusion Chapter 2 Threshold: Children Act 1989, sections 31 and 38 Introduction Basic principles of the CA 1989, ss 31 and 38 Tricky issues Use of split hearings Pleading threshold: a guide Conclusion Chapter 3 International public law orders Introduction Introductory procedural tips Care orders: jurisdiction Care orders: welfare Placement and adoption orders: jurisdiction and welfare Placing children abroad: adoption and special guardianship orders, BIIa, Art 56 and placements under the Hague Convention 1996 Relinquished babies Conclusion Chapter 4 Children's evidence: 'achieving best evidence' and court evidence Introduction Achieving best evidence: the process Children giving evidence in family proceedings: guidance and tips Children giving evidence in family proceedings: advocacy Children meeting judges Conclusion Appendix 1: Guidelines in relation to children giving evidence in family proceedings (24 June 2011) Appendix 2: Guidelines for Judges Meeting Children who are subject to Family Proceedings (April 2010) Chapter 5 Forced marriage, honour-based violence and female genital mutilation Introduction Forced marriage Honour-based violence Female genital mutilation Conclusion Chapter 6 Child trafficking Introduction Definition of trafficking Relevant statutes Local authority obligations to trafficked children: general Local authority obligations to trafficked children: public law proceedings Common issues in respect of trafficked children in public law proceedings Jurisdiction Conclusion Chapter 7 Radicalisation Introduction Definition of radicalisation President's Guidance Common issues in respect of radicalisation in public law proceedings Disclosure Conclusion Chapter 8 Reporting restrictions Introduction Relevant statutes, regulations and guidelines Reporting restriction orders Legal principles Procedure – applying for an RRO Common issues in respect of RROs in public law proceedings The shift towards greater transparency Conclusion Chapter 9 Depriving children of their liberty: secure accommodation orders and the inherent jurisdiction Introduction Secure accommodation orders Deprivation of liberty under the inherent jurisdiction Children and Social Work Act 2017 Claims under the HRA 1998: unlawful deprivation of liberty Conclusion Chapter 10 Special guardianship orders Introduction Special guardianship orders: where are we now? Statute, guidance and regulations Financial provision and support, including judicial review Conclusion Chapter 11 Post-adoption contact Introduction Academic research Relevant statutes The effect of ss 51A and 51B Common issues in respect of post-adoption contact Conclusion Chapter 12 Alternatives to traditional child protection proceedings Introduction FDAC LIFT Settlement conferences Pause programme Conclusion Index “The law relating to children does not seem to stand still long enough to have its photograph taken...”So says Sir Andrew McFarlane, President of the Family Division, before endorsing the one book he says has captured its image.THE guide to current, important and commonly misunderstood issues in public children law.Drawing together the key statute, case law, and procedure in relation to twelve central themes, Public Children Law: Contemporary Issues explores and examines current issues of particular difficulty in public children law, with an emphasis on those with an international dimension.It provides a comprehensive overview of some of the most pressing issues in child protection law, as well as identifying common pitfalls and practical tips, and providing good practice guides.The topics covered include:- Children giving evidence- Child trafficking- Radicalisation - Female genital mutilation- Secure accommodation orders- Special guardianship orders- Family Drug and Alcohol Court- Forced marriage and honour-based violence- International public children law- Children's evidence- Child trafficking- Reporting restrictions- Deprivation of children's liberty- Post-adoption contact- Section 20 and damagesThis title is included in Bloomsbury Professional's Family Law online service. “The law relating to children does not seem to stand still long enough to have its photograph taken...” So says Sir Andrew McFarlane, President of the Family Division, before endorsing the one book he says has captured its image. THE guide to current, important and commonly misunderstood issues in public children law. Drawing together the key statute, case law, and procedure in relation to twelve central themes, Public Children Law: Contemporary Issues explores and examines current issues of particular difficulty in public children law, with an emphasis on those with an international dimension. It provides a comprehensive overview of some of the most pressing issues in child protection law, as well as identifying common pitfalls and practical tips, and providing good practice guides. The topics covered include: - Children giving evidence - Child trafficking - Radicalisation - Female genital mutilation - Secure accommodation orders - Special guardianship orders - Family Drug and Alcohol Court - Forced marriage and honour-based violence - International public children law - Children's evidence - Child trafficking - Reporting restrictions - Deprivation of children's liberty - Post-adoption contact - Section 20 and damages