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 childs 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 childs birth mother 3.3 Legal position of childs father 3.4 Acquisition and loss of parental responsibility by childs 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 childrens 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 CHILDRENS 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 childrens 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 childrens guardian 15.2 Conflict between childrens 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 Presidents 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 Societys Children Law Accreditation 20.3 Sources of useful information and contacts for children and families, and those who work with them Index
