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Challenging and Defending Local Authority Child Care Decisions: A Practical Guide


ISBN13: 9781846613173
Published: March 2013
Publisher: Family Law LexisNexis
Country of Publication: UK
Format: Paperback
Price: £126.00



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This book is a practical guide for child care lawyers seeking to understand the legal framework, methods and procedures involved in making or resisting challenges to local authority decisions.

The changing public and policy context, as well as the development of the Administrative Court outside London, mean that this is a rapidly developing area of law for family lawyers.

In particular, the proposal of the Family Justice Review for the decreasing role of the family courts in scrutinising local authority care plans is likely to result in an increase in challenges to local authorities via internal complaints procedures, the Local Authority Ombudsman, and the Administrative Court.

Subjects:
Family Law
Contents:
Who can take action?
The role and powers of local authorities
Who can dispute?
Independent advocates
Mackenzie Friends
Litigants in person
Interested parties

What is being disputed and why?
The decision making processes that can be disputed
Actions
Omissions
Errors

Specific situations
Care cases
Fostering
Adoption Decision making
Child minding and private fostering
Children in Need
Children with disabilities

How to challenge? What remedies are available?
Complaints procedures (Stages 1,2 and 3)
The court process
The role of other public bodies relevant to children
Judicial Review
Applications within proceedings
Inherent jurisdiction and wardship
Injunctive relief
Freestanding applications under the Human Rights Act 1998
Local Authority Ombudsman
Appeals
Serious Case reviews
Damages
Costs

Forms and Guidance

Links and Resources