Index
| Author | Safda Mahmood/Julie Doughty |
| Pages | 257-274 |
References are to page numbers.
Adoption
agency: meaning 1 generally 214 independent review mechanism 216
legislation and other materials
214–16
publications 215 Advocacy
checklists
advocates meeting 100,
101
case management hearing
159–60
issues resolution hearing
159–60
courtroom skills see Courtroom skills
effective in see Case preparation Appeal
care order
discharge 110
legislation 110
power to make pending
110
variation 110
child assessment order 75 circuit judge, from 217, 220 education supervision order admissions decisions, no right of appeal against 134
generally 137–8 emergency protection order, no right of appeal against 67
generally 217
High Court, from 220 judge, relevant level of 219 lay justices, from 219 legislation as to 217–18 magistrates, from 219 notice, time limit for filing
218
permission requirement
circuit judge, from 220 generally 218, 219
High Court, from 22
lay justice, appeal from 219 magistrates, appeal from
219
not required, where 218,
219
permission given, where
219
recorder, from 220 refusal of permission 219 process 217–18
recorder, from 217, 220 section 8 order, as to 187 secure accommodation, as to see under Secure accommodation
time limits for notice and procedure 218 Assessment of child in need framework
applicable child 211 diagrammatic layout 212 disabled children and families 212
foreign country, child with link to 213 generally 211–13
258 Child Care and Protection: Law and Practice
Assessment of child in need (continued)
framework (continued) guidance 211, 212
key areas of child’s world
211–12
guidance and materials generally 209–10 resources for professionals
210–11
Quality Protects Programme
209
Burden of proof
generally 150–1
local authority, with 150
Care order
adulthood, planning transition to 91
allocation of proceedings see transfer of proceedings below
appeal, pending 110 application
applicants 82–3 attendance at hearing 87 authorised person: meaning
82
court actions on issue of 86 directions on issue 86
form C110A
generally 84–5
local authority completing
84
pre-proceedings checklist
84–5
grounds for 77 notice 86 proceedings in child’s absence 87 refusal 87 respondents 85 service 86
SWET, and 85 withdrawal 83 assessments 103
care plan
consideration of 103 effect on 89–90 known placement deals
103
need for 103
cessation 88, 109
child: meaning 77
child in care of local authority: meaning 77
contact with child in care 92–
4
court’s power to make, matters for consideration 103 designated local authority
77
development: meaning 78 discharge
allocation of case 109 appeals 110
applicant 109
form 109
notice 110
respondents 110
service of notice 110 supervision following 109 unsuccessful application
109
duration 88, 105–6 generally 77–8
harm: meaning 78
health: meaning 77
human rights, proportionality and 90
ill treatment: meaning 78 interests of child, in 15–16 interim order
directions on 87–8 generally 87–8
local authority looking after child during 91
power to make 87 kinship care, consideration of
90
local authority accommodation of child 90–1
meaning 1–2, 77
name, change of 182 parent’s rights 95
parental responsibility acquisition by local authority
88
limits on exercise 88–9 proportionality 90, 103 removal of child from care
108–9
rights of child under 94–5 significant harm
case law 80 comparison diagram 79 determining 78 generally 78–80 likelihood of harm concept of 80
facts, linked to 81–2 linking harm to the facts
81–2
standard of proof 81
test 80
time of suffering 80 supervision order, relationship with 77
transfer of proceedings guidance 84
legislation governing 83 venue see Family Court variation
allocation of case 109 appeals 110
applicant 109
form 109
respondents 110
Care planning see also Care order
case law 213
consideration of 103
court’s scrutiny, need to curtail
213
effect on 89–90
generally 213–14 individual nature of 214 known placement deals 103 legislation 213
need for 103
permanence provisions, consideration of 213– 14
requirement for 213 separate document, as 214 signing and endorsing 214 Care proceedings
checklists
advocates meeting 100,
101
case management hearing
100–1
final hearing 102
issue and allocation 98–
100
issues resolution hearing
102
pre-proceedings 97–8 delay prejudicial to child’s interests 14–15
human rights, and 110–11 media representatives, admission of 111 non-intervention principle 15 order in see Care order
Public Law Outline
checklists see checklists
above
parts of 97
principles 95–6
split hearings 97
rights of child during 94–5 time limit 15
Case management hearing checklist for advocate 159–60
260 Child Care and Protection: Law and Practice
Case management hearing
(continued)
disclosure of documents guidance 155–6 non-party, to 155
expert witnesses 156 medical or psychiatric evidence
155
ordering of evidence at 154–6 purpose 154
use of forms at 154–5 withholding documents at
155
Case preparation
action plan, following receipt of instructions 141–2 burden of proof 150–1
case management hearing, evidence at
disclosure of documents guidance 155–6 non-party, to 155 expert witnesses 156 generally 154–6
medical or psychiatric evidence 155
purpose 154
use of forms 154–5 withholding documents 155 courtroom skills see Courtroom skills
generally 150
hearing, procedure at see generally under Hearing instructions, taking see interviewing clients below interviewing clients
checklists
local authorities, information from 146–7
medical witnesses, information from 147–9
parents, information from
142–6
Public Law Outline requirements 146–7 generally 142
learning disability, client with 149–50 participation directions
143
reliable sources, importance of
150
special evidence rules admissible evidence, table of
152
best evidence 151–3
case management hearing, ordering of evidence at see case management hearing, evidence at above
character, as to 151 documentary evidence 152 generally 151, 152 hearsay 151–3
medical reports, no privilege for 154
opinion 153
oral evidence 152 psychiatric reports, no privilege for 154 self-producing documents
152
statements made by child’s guardian 153–4 standard of proof 150–1 Child
artificial insemination, born as result of 25
assessment see Assessment of child in need
legal representation see under
Legal representation not biologically father’s
24
rights
application to court, power to make 170–1
care order, under 94–5 care proceedings, in 94–5 child assessment order, under 75 confidentiality, request for
171
education supervision order, under 137 emergency protection order, under 66
generally 165
guardian, where disagreeing with 171
legislation as to 165 medical or psychiatric assessment, to accept or refuse
court directions 169–70 generally 169
medical treatment, to accept or refuse
capacity, where lack of
168 contraception 168 generally 165 Gillick competence, judicial review of 167–8
over 16 but under 18
166
parental responsibility, where no one having 169
sterilisation 168 under 16 167–8 orders, etc, power to seek
170
secure accommodation, in
127–8
solicitor, right to instruct
171
UN Convention 171 solicitor, right to appoint 196 working with see Working with child
Child abuse
emotional 52
neglect 52
physical injury...
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