Public Children part 2

Question 1

s.32(2) (b) “… harm or likelihood of harm is attributable to…”

Answer 1

Manner in which the child is being cared for

… the child being beyond parental control

Question 2

Lancashire CC v A [2000]

Answer 2

House of Lords

Care shared between a no. ion People

Not necessary to identify which person caused the child harm .

Question 3

Care Order

Answer 3

Automatically discharges a s.8 order or Supervision order in force until child is 18 the LA is given PR.

Question 4

Supervision Order

Answer 4

Generally for 1 year
Local Authority does not have PR
LA “advise, assist and befriend the supervised child”

Question 5

Procedure

Answer 5

FPR Part 12: the procedure for a care or supervision order.

12APD contains the new Public Law Outline 2014 (‘PLO 2014’)
Proceedings to be completed within a maximum of 26 weeks;

PLO 2014 flowchart at Appendix A

Question 6

Procedure - PLO 2014

Answer 6

PRE-Proceedings
- Core Assessment
- FGC/Child Protection Conference
(Consideration of a Child protection plan)
- Connected persons / SGO assessments
-Legal Planning meetings
-Letter before proceedings

Question 7

Procedure PLO 2014 -Stage 1: Issue and Allocation (Day1 and Day2)

Answer 7

-LA Application
-Allocation
-Directions (standard directions on issue and allocation)

Question 8

Procedure Stage 2: Case Management Hearing (‘CMH’)
(Not before Day 12 and not later than Day 18)

Answer 8

• Adovacates Meeting (no later than 2 day before CMH)
  -CMH
  -Robust case management
  -Directions (case management directions)
  -CMO

Question 9

Stage 3 : Issues resolution hearing (IRH)

Answer 9

-Advocates Meeting (no later than 7 days before IRH)
-IRH
- Resolving issues / use as Final Hearing?
- Directions (Final case management directions)
- CMO

Question 10

Final Hearing

Answer 10

(BY 26 Weeks)

Question 11

Interim Orders

Answer 11

• Reasonable belief that Threshold Criteria satisfied (s.38(2))
• Lower Test than for final care / supervision order
  -Interim Care Orders (ICOs)
  -ICOs Last intil Disposal of the main application (s.38(4))
  -Court will want to know that the LA has plans for reasonable contact with parents (s.34(1))
  -Plans for contact will be contained in the care plan

Question 12

Expert Evidence

Answer 12

-Court’s adopting restrictive approach to expert evidence to that which it deems:
‘necessary to assist the court to resolve the proceedings justly’
-s.13(6) child and Families Act 2014 (‘CFA’)
-FPR 25.4(3)
-When deciding whether or not to allow expert evidence, the court will consider various factors:
-s.13(7) CFA 2014

Question 13

Child Assessment Orders

Answer 13

s.43 Children Act
Purpose: Is the threshold criteria satisfied?
what will the LA’s future involvement be?

Question 14

Emergency Protection Orders

Answer 14

s.44 Children Act
Purpose - authorises the removal of the child from his home when necessary to do this immediately
* X Council v B (Emergency Protection Orders) [2004] EWHC 2015 (Fam); 1 FLR 341

Question 15

Special Guardianship

Answer 15

s.14 A CA 1989
Special guardianship
-adoption
-Residence