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Child Care and Protection: Law and Practice 5th ed

Barbara Mitchels, Julie Doughty, Helen James, Safda Mahmood

ISBN13: 9780854901135

New Edition ISBN: 9780854902682

Previous Edition ISBN: 9780854900381

Published: November 2012

Publisher: Wildy, Simmonds and Hill Publishing

Country of Publication: UK

Format: Paperback

Price: Out of print

"I would thoroughly recommend it as a readable and practical tool to assist the busy practitioner" Family Law April 2013

Written by experienced practitioners, the fifth edition of Child Care and Protection provides a practical and concise guide to the Children Act 1989, subsequent legislation, guidance and case law. This new edition covers changes such as the revised Public Law Outline, new case law and the latest law and regulations (eg the Care Planning Regulations 2010) are covered.

The book also takes into account the Family Procedure Rules 2010, new statutory guidance and Government initiatives. The separate field of adoption law is not included, but the book does deal with selected provisions of the Adoption and Children Act 2002 and the Children and Adoption Act 2006.

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. Presented in a compact, user-friendly format, the book is enhanced by checklists and flowcharts.

The authors of this timely new edition are a great practice team - together they provide a unique combination of academic and research information and practice experience in child protection which has added fresh dimensions to the new edition of this book. This useful book will fit into a briefcase and prove invaluable for the busy practitioner.

This book is for solicitors, barristers, legal executives, legal trainees and students, support staff in law and child care work, social workers, health professionals and academics in child protection and child care law and practice.

Subjects:: Family Law, Wildy, Simmonds and Hill

Contents:: 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 Introduction to Every Child Matters: Change for Children and the Children Act 2004; 2. Principles Underlying the Children Act 1989; 2.1 Paramountcy of the welfare of the child; 2.2 Delay is deeemed prejudicial to child’s interests (and the impact of the new 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 natural father; 3.5 Acquisition of parental responsibility by others; 4. Every Child Matters: Child Protection Procedures in Health and Social Work; 4.1 Hierarchy within social services departments; 4.2 Referral procedures and preliminary investigations; 4.3 Child protection conferences; 4.4 Assessment of risk; 4.5 Child protection plan; 4.6 Children and Family Court Advisory Support Service (CAFCASS); 4.7 Local authority duty to promote welfare of children in their 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; 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 The PLO: ‘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 Contac; 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 orde; 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; 11. Instructions and Case Preparation in Family Proceedings; 11.1 Action plan on receipt of instructions from adult or local authority; 11.2 Interviewing clients; 11.3 Preparation of the case; 11.4 Burden 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;; 13. Other Children Act Orders Available to the Court in Family Proceedings; 13.1 Orders in family proceedings; 13.2 Section 8 orders; 13.3 Contact; 13.4 Prohibited steps; 13.5 Residence; 13.6 Specific issue; 13.7 Supplementary provisions; 13.8 Practice and procedure in s 8 applications; 13.9 Family assistance order; 13.10 Order to local authority to investigate under s 37 of the Children Act; 14. Commencement and Transfer of Proceedings; 14.1 General rules; 14.2 Specified exceptions to the general rules; 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 child in private law proceedings; 16. Assessment of Children in Need and Care Planning; 16.1 New developments and materials; 16.2 The assessment framework; 16.3 Care planning; 16.4 Adoption issues;; 17. Appeals and Enforcement; 17.2 Appeals and judicial review; 17.3 Complaints procedures; 17.4 Enforcement; 18. Expert Evidence; 18.1 Instructing experts; 18.2 Expert evidence in court; 18.3 Finances for expert evidence; 18.4 Finding the right expert; 19. Information, Guidance and Reference Works; 19.1 Child protection essential information library; 19.2 Sources: statutes; 19.3 Sources: statutory instruments; 19.4 Sources: conventions and protocols; 19.5 Sources: practice directions; 19.6 Sources: guidance; 19.7 Sources: official publications; 19.8 Reading and reference list;; 20. Improving Law, Skills and Practice; 20.1 Professional and interdisciplinary associations; 20.2 The Children Panel