Details

Making Sense of the Children Act 1989

4. Aufl.

von: Nick Allen
36,99 €
Verlag:	Wiley
Format:	PDF
Veröffentl.:	01.09.2005
ISBN/EAN:	9780470016251
Sprache:	englisch
Anzahl Seiten:	352

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Beschreibungen

Titelbeschreibung

The Children Act is a major piece of legislation that affects all professionals working with children. Since the third edition of this book was published in 1996, there have been some important developments. This Fourth Edition takes these developments into consideration. Topics discussed include case law in the superior courts; the establishment of CAFCASS; and the Fostering Services Regulations of 2002; and much more.

Inhaltsverzeichnis

About the Author xi Preface xiii Acknowledgements xvii 1 Introduction 1 Why the Children Act Is Different 1 Public and Private Child Law 2 Background to the Act 3 The Scheme and Style of the Children Act 4 Amendments to the Act Since 1989 5 Rules, Regulations and Orders Made under the Act 6 The Children Act Guidance 6 The Children Act Advisory Committee 7 Scotland, Northern Ireland andWales 8 Notes 9 2 Parental Responsibility 10 Parental Responsibility: What It Is and What It Isn’t 10 The Initial Allocation of Parental Responsibility 11 The Acquisition of Parental Responsibility 13 The Sharing of Parental Responsibility 21 The Content of Parental Responsibility 22 The Exercise of Parental Responsibility 24 The Cessation of Parental Responsibility 27 The Position of People Who Do Not Have Parental Responsibility 30 Notes 31 3 Court Orders in Favour of Parents 32 Introduction 32 Private Law Orders under the Previous Law 32 The Scheme of Part II of the Children Act 33 When Orders Can Be Made 34 Contact Orders 34 Residence Orders 44 Prohibited Steps Orders 50 Specific Issue Orders 52 Supplementary Conditions Attached to Orders 52 Family Assistance Orders 54 The Exercise of the Court’s Discretion 56 Procedure and Evidence 60 Interim Section 8 Orders 62 Welfare Reports 63 Separate Representation of the Child 63 Section 8 Orders and Divorce 64 The Duration of Section 8 Orders 65 Preventing Further Litigation 66 Notes 67 4 Court Orders in Favour of Non-parents 70 The Scope of the Present Chapter 70 Section 8 Orders in Favour of Non-parents 70 Special Rules for Non-parents’ Applications 71 The Effect of a Section 8 Order 75 Applications by Children for Section 8 Orders 77 Applications after Adoption 79 Applications by Local Authorities and Voluntary Organizations 81 Other Aspects of Non-parental Applications for Section 8 Orders 82 Orders without Applications 83 Special Guardianship Orders 83 Notes 86 5 Local Authority Support for Children and Families 87 The Scope of the Present Chapter 87 Children in Need 88 The Provision of Services for Children and Families 91 Assessment of the Needs of Individual Children 92 The General Duty of the Local Authority: Section 17(1) 93 The Specific Duties and Powers in Schedule 2 94 Assistance in Kind and Assistance in Cash 98 Day Care for the Under-fives and Supervision of Schoolchildren 100 Charges for Local Authority Services 101 Co-operation between Authorities 102 Complaints 102 Child Protection and Children in Need 103 Notes 104 6 Accommodating Children Under Section 20 105 Accommodation as a Support Service 105 The Powers and Duties under Section 20 106 The Relationship with Section 17 Accommodation 107 The Parental Veto 107 Can the Provision of Accommodation Be Demanded? 108 Does the Child Have a Say? 109 The Position When Accommodation Is Provided 110 Removal from Accommodation 133 Help on Leaving Accommodation 136 The Acquisition of Control by the Authority 140 The Acquisition of Control by Individuals 141 Notes 142 7 Compulsory Intervention on Child Protection Grounds 144 Introduction 144 The Three Stages of Policy Development 145 Section 47 Child Protection Investigations 150 Enquiries before an Investigation: The Initial Assessment 154 The Relationship between Section 47 and the Children in Need Provisions 156 Investigations into Alleged Sexual Abuse 158 Investigations during Private Law Proceedings 159 Court-ordered Investigations under Section 37 161 Notes 161 8 Emergency Protection Orders and Child Assessment Orders 163 Introduction 163 The Emergency Protection Order 164 The Child Assessment Order 179 CAO or EPO? 184 Notes 185 9 Police Powers 187 The Power of the Police to Act of Their Own Motion 187 Police Applications for Emergency Protection Orders 190 Criminal Investigations 190 The Role of the Police in Assisting Officials 192 Police Involvement in the Recovery of Abducted or Missing Children 194 Notes 194 10 Care Orders 195 Introduction 195 Applicants for a Care Order 196 The Children Concerned 197 The Grounds for a Care Order 197 When an Application Can Be Made 206 The Discretion to Apply for a Care Order 206 The Processing of a Care Order Application 208 The Role of the Court 220 The Legal Effect of a Care Order 222 The Duration of a Care Order 240 The Making of Other Orders on a Care Order Application 243 Care Order or Supervision Order? 244 Care Order or Residence Order? 246 Interim Care Orders 248 Aftercare 256 Notes 256 11 Supervision Orders 259 Introduction 259 Matters on Which the Rules Coincide with Those Governing Care Orders 260 The Legal Effect of a Supervision Order 261 Matters Which May Not Be Regulated by an Order 264 The Duration of a Supervision Order 264 Variation of the Supervision Order 265 Interim Supervision Orders 265 Obstruction of the SocialWorker 266 Supervision Order or Care Order? 267 Notes 267 12 Courts and Appeals against Court Decisions 268 The Concurrent Jurisdiction Principle 268 The Subordinate Provisions 269 Questions Arising under the Human Rights Act 1998 272 A Family Court? 273 Appeals against Court Decisions 274 Notes 277 13 Welfare Reports, Children’s Guardians and CAFCASS 278 CAFCASS 278 Welfare Reports 280 Children’s Guardians 284 Separate Representation for Children in Private Law Cases 293 Referrals to CAFCASS by Independent Reviewing Officers 295 In-court Conciliation in Private Law Cases 295 Post-contact Order Follow-up 296 Notes 296 14 Wardship and the Inherent Jurisdiction of the High Court 298 Introduction 298 The Inherent Jurisdiction of the High Court 299 Public Law Cases: The Effect of Section 100 299 Private Law Cases 302 The Decline of the Inherent Jurisdiction 304 Notes 304 15 Adoption 305 Introduction 305 Non-agency Adoptions 306 Agency Adoptions 307 Making Section 8 Orders in Adoption Proceedings 309 Applications for Section 8 Orders Following Adoption 311 Notes 311 16 Local Authority Foster Carers 312 Foster Carer: The Statutory Definition 312 The Decision to Use Fostering 313 The Fostering Services Regulations 2002 313 The National Minimum Standards for Fostering Services 314 Foster Carer Recruitment 314 Limit on Number of Children 315 Complaints from Foster Carers 315 Applications for Section 8 Orders 316 Applications for an Adoption Order 316 Applications for Special Guardianship 316 Notes 317 Appendix: The Children Act 2004 319 Bibliography 325 Index 329

Rezension

"...fascinating book...a must..." (Professional Social Work, February 06)

Autorenportrait

Nick Allen, BA, M. Phil, lectures in Family Law, Immigration Law and Public Law at Nottingham Trent University, which he joined after working for the Official Solicitor and a London Local authority. He was closely involved in the consultation exercise conducted by the Law Commission Prior to the Children Act and has lectured and trained extensively on the Act. His other publications include Making Sense of the New Adoption Law (Russell House Publishing, 2003).

Back cover copy

What exactly are parental rights? What rights do children have? In what circumstances can children be removed from their family? Now in its fourth edition, Making Sense of the Children Act 1989 addresses such questions. Written primarily for the non-lawyer, this practical and jargon-free text describes the social context within which the Act is used, considers the implications of the Act for policy and practice and also discusses its strengths and weaknesses. Revised and updated, this edition takes full account of significant recent developments including the Human Rights Act 1998, The Laming Report on the Victoria Climbié case, the Adoption and Children Act 2002 and the Children Act 2004. The Children Act 1989 remains a major piece of legislation for children, their families and for all of those professionals who work with them. This new edition of the best-selling and authoritative volume on the Children Act is therefore a must-have resource for practitioners in the social care field. It will also be of interest to students of related disciplines.