Description
Book SynopsisThe 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.
Trade Review"...fascinating book...a must..." (Professional Social Work, February 06)
Table of ContentsAbout 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
