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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Child Care and Protection: Law and Practice 5th ed

ISBN13: 9780854901135
Previous Edition ISBN: 9780854900381
Published: November 2012
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Paperback
Price: £32.50

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"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.

Family Law, Wildy, Simmonds and Hill
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

Series: Wildy Practice Guides

Planning Enforcement ISBN 9780854901166
Published July 2015
Wildy, Simmonds and Hill Publishing
Planning Enforcement (eBook) ISBN 9780854901777
Published July 2015
Wildy, Simmonds and Hill Publishing
£32.50 + £6.50 VAT
Advising and Representing Clients at Mediation ISBN 9780854901210
Published June 2013
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Planning Law and Practice ISBN 9780854901159
Published April 2013
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Charities and Not-for-Profit Entities: Law and Practice ISBN 9780854900749
Published August 2012
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Personal Injury Litigation 4th ed ISBN 9780854900862
Published September 2011
Wildy, Simmonds and Hill Publishing
Procedure in Civil Courts and Tribunals 3rd ed ISBN 9780854900510
Published August 2010
Wildy, Simmonds and Hill Publishing
Partnership and LLP Law ISBN 9780854900602
Published June 2010
Wildy, Simmonds and Hill Publishing
Debt Recovery in the Courts ISBN 9780854900732
Published June 2010
Wildy, Simmonds and Hill Publishing
Termination of Employment 5th ed ISBN 9780854900541
Published April 2010
Wildy, Simmonds and Hill Publishing
Change of Name: The Law and Practice 3rd ed ISBN 9780854900442
Published April 2010
Wildy, Simmonds and Hill Publishing
Agricultural Tenancies 2nd ed ISBN 9780854900503
Published October 2009
Wildy, Simmonds and Hill Publishing
Residential Tenancies 5th ed ISBN 9780854900428
Published September 2009
Wildy, Simmonds and Hill Publishing