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Civil prevention orders: pursuing additional safeguards for children at risk of sexual harm
- Authors:
- OGANAH Janet, LILLEY Claire, FINDLATER Donald
- Journal article citation:
- Family Law, 44, August 2014, pp.1174-1179.
- Publisher:
- Jordan
In March 2014 the old Civil Prevention Orders were replaced by Sexual Harm Prevention Orders and Sexual Risk Orders. The new orders aimed to provide enhanced protection for the public in the UK, and children and vulnerable adults abroad. This article looks at whether the new regime of Civil Prevention Orders provides family law practitioners with broader opportunities to facilitate safeguarding and child protection in cases of child sexual abuse and online child sexual abuse. It considers the safeguarding and child protection opportunities presented by the new orders with reference to case examples. The article concludes by suggesting practical steps that family practitioners can take in family proceedings involving the allegations of sexual abuse, in order to prompt the relevant police force to take action in appropriate cases. (Edited publisher abstract)
Adoption in England: the end of placements dictated by race, culture, religion and language
- Authors:
- HAYES John, HAYES Peter
- Journal article citation:
- Family Law, 44, September 2014, pp.1288-1298.
- Publisher:
- Jordan
The authors discuss the practice by social workers and consequences of their decisions to minimise the placement of minority children with white adopters (along with other forms of alleged ethnic mis-matching) under s 1(5) of the Adoption and Children Act 2002 (the 2002 Act) which required that 'due consideration' had to be given to the child's race, culture, religion and language. The views of the British Association for Adoption and Fostering (BAAF) and The College of Social Work (TCSW), in opposing the new law, the repeal of section (5) in England, are given, but in their view state 'if properly construed and applied,(it) should put an end to practices which are driven by race matching ideology' of social workers. In their conclusion the authors say the role of legal practitioners and the Courts is important in ensuring that the welfare of the child is put before ideological considerations. (Original abstract)
Placements with relatives and friends:what are the implications of the 26-week timescale in care proceedings?
- Authors:
- ROTHERA Sarah, RYAN Mary
- Journal article citation:
- Family Law, 44, July 2014, pp.1011-1016.
- Publisher:
- Jordan
Enabling children to be brought up within their families, where this is possible and in accordance with their welfare, is an important principle of legislation (Children Act 1989 and Human Rights Act 1998). This article examines the impact of the new 26-week timescale in care proceedings on the identification, assessment, preparation of family and friends carers from the perspective of the the two inner London local authorities involved in the Bi-Borough Care Proceedings Project. (Edited publisher abstract)
Solicitor's experiences of representing parents with learning disabilities in care proceedings: altering practice and coping with stress
- Authors:
- COX Rachel, EVANS Roger, KROESE Biza Stenfert
- Journal article citation:
- Family Law, 44, July 2014, pp.1017-121.
- Publisher:
- Jordan
In the UK parents with learning disabilities are over represented in public law care proceedings and are at a much higher risk of having their children placed outside the birth family. This article outlines possible reasons for this and the impact on solicitors who represent parents with learning disabilities. (Edited publisher abstract)
Initial research findings: the typical levels of parental involvement where post-separation parenting is resolved by court order
- Authors:
- HARDING Maebh, NEWNHAM Annika
- Journal article citation:
- Family Law, 44, May 2014, pp.672-675.
- Publisher:
- Jordan
This case file study explored the typical patterns of parental involvement in post-separation parenting arrangements finalised by court order. It is estimated that 9%-13% of parents resort to court to arrange their post breakdown parenting patterns. Five county courts were selected for this study to ensure that the authors encountered as many of the different types of issues that affect the use of contact and residence orders as possible. Describes the process from application to the final formal orders and how the cases that reached the court were handled. (Edited publisher abstract)
Shard parenting time: messages from research
- Author:
- HUNT Joan
- Journal article citation:
- Family Law, 44, May 2014, pp.676-678.
- Publisher:
- Jordan
Clause 11 of the Children and Families Act, originally entitled Shared Parenting, introduces the presumption that the involvement of both parents after separation will benefit the child. This has been much criticised within and outside Parliament. This article looks at pros and cons of shared parenting. (Edited publisher abstract)
Secure accommodation and the inherent jurisdiction of the High Court
- Authors:
- FARQUHARSON Jo, HADLEY Gail, CAMPBELL Susan
- Journal article citation:
- Family Law, 44, February 2014, pp.195-198.
- Publisher:
- Jordan
This article presents a case which illustrated how flexible and adaptable the inherent powers of the High Court really are and how wide ranging and far reaching too, even to the point of potentially depriving a young citizen of her liberty. The case is of a young person who is homeless, she has rejected and refused local authority accommodation, she abuses alcohol and drugs and her baby has been removed from her care. The question is What can or should the state do to intervene to make her safe? (Edited publisher abstract)
Fostering for adoption: progress, an unjustifiable 'fait accompli' or something in-between? Part 1
- Author:
- NICKOLS Daniela
- Journal article citation:
- Family Law, 44, February 2014, pp.190-194.
- Publisher:
- Jordan
If Fostering for Adoption (FfA) is to be a justifiable means of achieving permanency for children in care, it must strike a balance between the competing perspectives of the child, the biological and the prospective parents, whilst simultaneously prioritising the welfare of the child. In order to determine its appropriateness an analysis of the risks and benefits is needed. Regardless of this analysis however, for the policy to achieve its purported aims of: ‘more adoptions, more quickly', it must also be workable in practice. This article outlines the draft provisions in the Children and Families Bill 2013 which specifically relate to FfA, comment upon some of the theoretical difficulties with legislation as drafted and reflect upon some of the complexities which may arise in practice. This analysis provides a basis for evaluating the proposed legislation, including the range of circumstances where it might be used. (Edited publisher abstract)
Fostering for adoption: Part 2: policy and potential difficulties
- Author:
- NICKOLS Daniela
- Journal article citation:
- Family Law, 44, March 2014, pp.339-343.
- Publisher:
- Jordan
Adoption in the context of children in care is a draconian step and it is therefore imperative that due process is retained. If Fostering for Adoption (FfA) is to be a justifiable policy in achieving permanency for children it is required to strike a balance between the differing perspectives of the parties involved, while simultaneously prioritising the welfare of the child. In order to determine its acceptability an analysis of the risks and benefits resulting from the policy is needed. Regardless of this analysis however, for the policy to achieve its purported aims it must also be workable in practice. This second article considers the policy of FfA from the competing perspectives of the child, the parents and the carers. It reflects upon the potential difficulties for the policy in practice and comment upon its overall impact upon permanency outcomes for children in care. (Edited publisher abstract)
Adoption in 2014
- Author:
- NICKOLS Daniela
- Journal article citation:
- Family Law, 44, March 2014, pp.335-338.
- Publisher:
- Jordan
Presents case examples which demonstrates that the aim of adoption must always be for children are brought up within their birth families unless the overriding requirements of the child's welfare mean that it is not possible and that the court decisions must be based on proper analysis and evidence. Whether these aims can be achieved depends on resources being made available to local authorities, Cafcass and the courts. (Edited publisher abstract)