The Family Proceedings Courts (Children Act 1989) Rules 1991

[Tools]

The Family Proceedings Courts (Children Act 1989) Rules 1991
can be viewed here .

The Family Proceedings Courts (Children Act 1989) Rules 1991 (No. 1395 (L.17)) - Statute Law Database

[fuzzybrain]

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

There has now been an adment in family law - known as the public law outline. It now chages the way Social Services (Or Children, Families and Education as it's now known!) are allowed to proceed when taking legal procedings in respect of children and it's parents - this also includses adoption.

http://www.judiciary.gov.uk/docs/public_law_outline.pdf


If anyone does have Social Services involvement (either as parents/grandparents/ extended family etc) then I would strongly recommend them to contact the Family Rights Group http://www.frg.org.uk/

This organisation is amazing and will offer free advice and help signpost people to other oganisations that will help. They have a free helpline too, which is really really helpful. A lot of the families i have worked with have said how helpful this organisation has been.

[Emerald]

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

A few updates on CA 1989
http://www.surreycc.gov.uk/sccwebsit...efing%20v2.pdf Children Act 2004 Overview

http://www.legislation.gov.uk/ukpga/2002/38/contents Adoption and Children Act 2002

http://www.legislation.gov.uk/ukpga/2008/23/contents Children and Young Persons Act 2008

http://england.shelter.org.uk/__data...fing-Nov09.pdf Shelter guide on Southwark ruling 2009 - Local Authority's responsibility for 16/17 year old who are homeless.

[leclerc]

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

The Children's Act ultimately put and emphasis on the welfare of the child which is best served with their parent(s). However, where there is a significant concern that abuse can take place then they have two options: 1. To call for a Child Protection Initial Review which brings together all the professionals working with the family to express their concerns with an independent head and note taker. or 2. Where the concern is that serious, social services can apply through the courts for what is more or less, protective order to remove the child from the parents care and to a place of safety.

[Emerald]

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

Would it be useful to have a list of the range of orders available to the court, the PLO process and the circumstances in which they are likely to apply and an overview of CP procedures and what to expect, including terminology and permenancy options should a child be removed from the care of the parents and the LA do not feel rehabiltation is appropriate?

[leclerc]

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

Would it be useful to have a list of the range of orders available to the court, the PLO process and the circumstances in which they are likely to apply and an overview of CP procedures and what to expect, including terminology and permenancy options should a child be removed from the care of the parents and the LA do not feel rehabiltation is appropriate?

100% yes I think it is definitely worth doing that Emerald. I wasn't sure whether it would be best on this thread or not since it is kinda working back to front, ie CP procedures would normally come first prior to PLO albeit some circumstances may make a difference.

[Emerald]

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

I'll get onto it weekend, but I am inclined to thing that a seperate thread would be the way forward and leave this purely for legislation with links to what if type of thing??

[leclerc]

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

For those seeking permission to appeal after the final hearing in regards to the Children's Act 1989 then many solicitors working with legal aid will say that you cannot appeal. That is utter rubbish. Always seek to get the Judgment of the final hearing. You have the right to seek permission to appeal although the statistics are not good on successes as can be seen by this FOI Request: http://www.whatdotheyknow.com/reques...ponse.doc.html

I would add that you need form N161 and I would read N161A. Normally you can only argue about a point of law so it is important to see the above laws and research research and research again.

The Lucy Reid Book on Litigant in person's in the family court is very very good(yes I can say that from hearing a review from someone who has read the book).

I was going to write a guide on Child protection but it is proving a lot more difficult to do so since the actual processes can be different. I can say this thing without any doubt, there are very few good solicitors who work for the parents of families going through the court process in England and Wales.

[leclerc]

Key Judgement which explains the issue of "significant harm" given on 12 June 2013

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.

[leclerc]

The law in relation to terminating a father's parental responsibility

http://www.familylawweek.co.uk/site.aspx?i=ed113090

The article deals with the law in relation to terminating parental responsibility. The case above is going to the Court of Appeal so there might be an adjustment to this case law.

[leclerc]

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

http://www.judiciary.gov.uk/Resource...ts-jan2014.pdf

The above is new guidance by Sir James Munby who is President of the Family Court and it relates to publication of judgements in what is know as the "secret courts", where parents can be found to be guilty of harming their child despite the fact that there may be no criminal case to answer in the courts.
His guidance goes alongside Court of Protection Guidelines to reporting and takes affect from February 4th, this year.

[fuzzybrain]

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

I worked in child protection and adoption for 10 years, but have been out of this field for 5 years now, so I might be mistaken but is this what used to be the old finding of facts hearings?

It was when Social Services asked a judge to make a judgement on what likely what likely happened and this is used when determining what would be in the best interests of the child or children concerned. It was often used when there was not enough evidence to ensure a criminal conviction?

I'm very happy for this post to be edited or deleted if my information is incorrect

[EdwardJorgensen]

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

Family matter is dealt with in the family division of the high court it is having different laws and rules to which they have to follow in the court or in real life some laws are there to followed by family members. Family preceding courts is the name given to the magistrate's court when family panel are sit and sort out the family matters. Any family matters can be deal here.

[Kati]

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

From 22nd April 2014 - http://www.bbc.co.uk/news/uk-politics-27106066

New combined Family Courts have come into being in England and Wales as part of family justice system reforms.The plan also includes new time frames for cases where children are taken into care and compulsory mediation awareness sessions for separating couples.
Justice Minister Simon Hughes said it was "a hugely important change" to what had been a "very dysfunctional system".
But the chief executive of the Family Rights Group charity said some of the changes could "work against children".

[leclerc]

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

To addto Kati's post above I have a flow chart of the 26 weeks from contact to final hearing that is within that act(I guarantee you it WILL bring about a lot of Appeals)

http://www.familylaw.co.uk/system/up..._Flowchart.pdf