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The Family Proceedings Courts (Children Act 1989) Rules 1991

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  • #16
    Re: Key Judgement which explains the issue of "significant harm" given on 12 June 201

    Originally posted by leclerc View Post
    http://www.familylawweek.co.uk/site.aspx?i=ed114409

    The above case law explains very clearly the issue of significant harm under section 31 of The Children's Act 1989 and is relevant to care proceedings.
    It is very concise and is very clear what is considered significant harm and how the law sees future significant harm.

    Personally speaking, it is quite interest that 4 male judges agree to dismiss the appeal and the only female judge votes to allow the appeal from one of the birth parents.
    I want to quote Lady Hale in this judgement: Re:B(A Child) 2013.

    Lady Hale was the only dissenter in this matter and is quoted a lot now because of the principle of "nothing else will do" principle.

    At Paragraph 198 in the above judgement Lady Hale states: "It is quite clear that the test for severing the relationship between parent and child is very strict: only in exceptional circumstances and where motivated by the overriding requirements pertaining to the child's welfare, in short, where nothing else will do".

    In the children's Act 1989, section 31(2) relates to whether the threshold has been crossed. When this has been established then the judge must consider the welfare checklist in Section 1(3).

    Am updating my own knowledge at the moment on the legal issues in relation to Family Public Law Outline and was reading the Lady Hale judgement a little more precisely.
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

    Comment


    • #17
      Re: The Family Proceedings Courts (Children Act 1989) Rules 1991

      Didn't know where to put this but here is a history of child protection:

      http://safeguardingchildrenea.co.uk/...ntimeline.html
      "Family means that no one gets forgotten or left behind"
      (quote from David Ogden Stiers)

      Comment


      • #18
        Re: The Family Proceedings Courts (Children Act 1989) Rules 1991

        http://ukhumanrightsblog.com/2013/10...-human-rights/

        Am adding this article which relates to challenging an adoption order.
        "Family means that no one gets forgotten or left behind"
        (quote from David Ogden Stiers)

        Comment


        • #19
          Re: The Family Proceedings Courts (Children Act 1989) Rules 1991

          Am adding this which relates to a recent joint note issued by Cafcass and the Association of Driectors of Children's Services:

          http://www.familylaw.co.uk/news_and_...r#.ViVT4_mrTIU
          "Family means that no one gets forgotten or left behind"
          (quote from David Ogden Stiers)

          Comment


          • #20
            Re: The Family Proceedings Courts (Children Act 1989) Rules 1991

            The following relates to Wales ONLY. First of all an explanation of it from Family Law: http://www.familylaw.co.uk/news_and_...r#.VjuZHvnhDIU


            Then the legislation from the Wales assembly: http://www.assembly.wales/laid%20doc...-ld10401-e.pdf
            "Family means that no one gets forgotten or left behind"
            (quote from David Ogden Stiers)

            Comment


            • #21
              Re: The Family Proceedings Courts (Children Act 1989) Rules 1991

              We do not have much information for those parents who, for whatever reason, have lost their child to long term foster care or perhaps may already be under an Interim Care Order and have to go to review meetings. Those who know about this will know that there is a chairperson of this type of meeting which is a LAC review if in foster care or could be called a Child Protection meeting. That person is called the Independent Reviewing Officer(or IRO for short).

              The following link is to their guidance and I might add, I have had to recently use it due to something that happened recently. Whilst part of that issue is resolved the major part of this complaint will be dealt with after the new year.

              At the moment I always read part 3 but others on the forum maybe at earlier stages of the process. Remember to read the start which does refer you to other legislation of importance which is important to read.

              Here is the IRO Handbook: https://www.gov.uk/government/upload...010_tagged.pdf
              "Family means that no one gets forgotten or left behind"
              (quote from David Ogden Stiers)

              Comment


              • #22
                Re: The Family Proceedings Courts (Children Act 1989) Rules 1991

                I was going to write a guide to child protection, ie something that you should know but the topic is so very complicated that every case is unique. My perspective is one where I have been part of child protection proceedings and more recently have lost one niece, soon to be two nieces, to non-consensual adoption. Anyway, the basics to child protection processes is here:
                http://www.workingtogetheronline.co....apter_one.html

                I would add that if anyone is someone from the EU who have come into contact with social services in relation to their child, I would make a phone call to you embassy and inform them and seek guidance.

                Have made a small edit here to include the advice which social workers have(and might not carry out) in relation to children of EU parents:
                https://www.gov.uk/government/upload...urt_Orders.pdf
                Last edited by leclerc; 28th December 2015, 10:36:AM. Reason: Added additional link..
                "Family means that no one gets forgotten or left behind"
                (quote from David Ogden Stiers)

                Comment


                • #23
                  Re: The Family Proceedings Courts (Children Act 1989) Rules 1991

                  Here is a further analysis of the legal outlook on cases of placement orders...

                  http://childprotectionresource.onlin...-is-necessary/
                  "Family means that no one gets forgotten or left behind"
                  (quote from David Ogden Stiers)

                  Comment


                  • #24
                    Re: The Family Proceedings Courts (Children Act 1989) Rules 1991

                    Houston we have a potential problem with post 1 due to those people over that there border in Wales.. Part III of the Children's Act 1989 will be replaced with the Social Services and Well-Being(Wales) Act 2014. It will come into force in April 2016.

                    Community care article here discusses it:

                    http://www.communitycare.co.uk/2016/...sed-wellbeing/

                    The act is here:

                    http://www.legislation.gov.uk/anaw/2014/4/enacted
                    "Family means that no one gets forgotten or left behind"
                    (quote from David Ogden Stiers)

                    Comment


                    • #25
                      Re: The Family Proceedings Courts (Children Act 1989) Rules 1991

                      In a divorced father of 2 whose ex wife has packed up and moved what rights do I have to know where my children are living ?? All help very much appreciated 👍🏻

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