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

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    Default The Family Proceedings Courts (Children Act 1989) Rules 1991

    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
    Last edited by Tools; 15th June 2007 at 17:35:PM.

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    Default 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.

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    Default 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.
    Last edited by Emerald; 27th June 2011 at 17:32:PM.

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    Default 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.

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    Default 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?

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

    Quote Originally Posted by Emerald View Post
    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.

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    Default 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??

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    Default 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.
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

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    Default 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.
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

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    Default 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.
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

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    Default 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.
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

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    Default 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

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    Default 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.

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    Default 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".
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    Default 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
    "Family means that no one gets forgotten or left behind"
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    Default Re: Key Judgement which explains the issue of "significant harm" given on 12 June 201

    Quote 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)

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    Default 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)

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    Default 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)

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    Default 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)

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    Default 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)

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    Default 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)

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    Default 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 at 09:36:AM. Reason: Added additional link..
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

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    Default 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)

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    Default 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)

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