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Summarised family law lpc notes
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- Law
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- University Of Westminster (UOW)
Summarised family law lpc notes
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UNIVERSITY OF WESTMINSTERLEGAL PRACTICE COURSE
FAMILY LAW
LECTURE 6 - PUBLIC CHILDREN LAW
A Document you should be aware of
“Working Together to Safeguard Children”
Link to Working Together
It gives guidance on what is expected from the relevant people in order
to safeguard and promote the welfare of children
Role of the Local Authority
“The change brought about by the Children Act gave effect to a
policy decision on the appropriate division of responsibilities
between the courts and local authorities...... The particular
strength of the courts lies in the resolution of disputes: its ability
to hear all sides of a case, to decide issues of fact and law, and
to make a firm decision on a particular issue at a particular time.
But a court cannot have day to day responsibility for a child. The
court cannot deliver the services which may best serve a child's
needs. Unlike a local authority, a court does not have close,
personal and continuing knowledge of the child. The court
cannot respond with immediacy and informality to practical
problems and changed circumstances as they arise. Supervision
by the court would encourage 'drift' in decision making, a
perennial problem in children cases. Nor does a court have the
task of managing the financial and human resources available to
a local authority for dealing with all children in need in its area.
The authority must manage these resources in the best interests
of all the children for whom it is responsible.” Lord Nicholls of
Birkenhead In Re S & Others: Re W & Others [2002] 1 FLR 815
And note this view of the court’s limitations is now the zeitgeist
in all family matters
University of Westminster 1 Family Law
, “the concept of the court's continuing monitoring and review
function following the substantive hearing - the legacy of ideas
rooted in old wardship practice - will in large measure become a
thing of the past.” Munby P Speech to FLBA 05.03.14
s17 CA 1989
s17(1) “It shall be the general duty of every local authority...
(a) to safeguard and promote the welfare of the children within
their area who are in need; and
(b) so far as is consistent with that duty, to promote the
upbringing of such children by their families,
by providing a range and level of services appropriate to those
children’s needs.”
Examples of services – see CA Sch2 Pt 1
daytime child care for young children
after school care
respite care
home help (inc laundry)
family centres
counselling
family holiday assistance
s17(10)
defines a child in need as being
disabled
or
one who requires provision of services to avoid
significant or further impairment of health or
development
losing or failing to achieve a reasonable standard of
health or development or the opportunity of the same
Duty to provide Accommodation
s20 requires a child in need to be accommodated by local
authority if
no-one has pr for the child
the child is lost or abandoned
University of Westminster 2 Family Law
, the child’s carer is prevented either permanently or
temporarily from providing the child with suitable
accommodation or care for whatever reason
if mother places child in voluntary accommodation
father with pr may object to this if he can provide
accommodation
either father or mother may remove the child at any
time from voluntary accommodation
if mother has a “residence” CAO then father will not
be able to object or remove the child
Co-operation between authorities
s27 a local authority may request and should receive compliance
from the following other authorities in meeting their
responsibilities
any other local authority
any local education authority
any local housing authority
any Health authority, Special Health Authority or NHS trust
any other authorised person
Representation procedure
s26(3) representation and complaint procedure about the local
authority’s discharge of functions under Children Act Part III
may be of use if wish to ensure they do not issue proceedings
and feel they have not done enough to provide services so as to
avoid the need for proceedings
once exhausted that remedy possibility of judicial review
Local Authority Investigations and Referrals
Following a referral there will be an initial assessment of the child
within one working day of the referral
the needs of the child will dictate any further assessment as to
what social care (if any) is required
and there are broadly three conclusions
child is not in need
child is in need but no actual or likely significant harm
child is in need and possible significant harm involved
University of Westminster 3 Family Law
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