Children Act 1989 Section 47
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The Family Court in Practice
Written by an experienced former senior judge of the family court, this practical guide provides all students and practitioners working with children with a clear understanding of safeguarding good practice and the principles and proceedings of the family court. Where there is serious risk of harm, it examines how all involved in the community or family court proceedings can place the child at the centre of their practical decision-making. Incorporating the most up-to-date legislation, and emphasising the importance of multi-agency working, the book enables practitioners, and all stakeholders, to better understand the workings of the family court and to recognise and implement appropriate actions. Fictional case studies with critical questions are included to encourage deep reflection and ways to apply new-found knowledge to practice. The book demystifies the family court to provide an accessible guide for students and both experienced and newly qualified practitioners. Chapters delve into the structure of the family court, preparing reports and statements, public and private court proceedings, giving evidence, and urgent interventions. The author's professional experience and expertise ensures readers are fully equipped with a unique and practical understanding for safeguarding the welfare of children within the family court system.
Children's Rights and the Law
This book identifies the definition of a child within the law, the rights of children, and discusses the extent to which primarily English law gives adequate recognition to and protection of these rights. To what extent does English law gives adequate recognition to and protection of the rights of children? Historically the idea of and protection of rights has focused on parental rights rather than the rights of the child. The rights of children have remained far less recognised and certain until recently. Using case studies from the United Kingdom and beyond, this book takes a thematic approach to children’s rights and considers topics including: underlying concepts such as the welfare of the child and safeguarding, the right to education and to medical treatment, the right to freedom from abuse and/or sexual and commercial exploitation, including contemporary challenges from forced marriage, FGM, modern slavery and trafficking, the role of the State in relation to children in need of care and protection, children's rights in the criminal justice system, the right to contract and employment. In addition, the book provides an introduction to key aspects of domestic and international law, including the Children Act 1989, the UN Convention on the Rights of the Child, the European Convention on Human Rights and the Human Rights Act 1998. The book will be of great interest to law and social science students in the areas of Child Development and Protection, Human Rights Law, Family Law, Child Law, and Child Studies, as well as to social workers, police officers, magistrates, probation officers and other related professions.
Medical Treatment of Children and the Law
The high profile cases of Charlie Gard, Alfie Evans, and Tafida Raqeeb raised the questions as to why the state intrudes into the exercise of parental responsibility concerning the medical treatment of children and why parents may not be permitted to decide what is in the best interests of their child. This book answers these questions. It argues for a reframing of the law concerned with the medical treatment of children to one which better protects the welfare of the individual child, within the context of family relationships recognising the duties which professionals have to care for the child and that the welfare of children is a matter of public interest, protected through the intervention of the state. This book undertakes a rigorous critical analysis of the case law concerned with the provision of medical treatment to children since the first reported cases over forty years ago. It argues that understanding of the cases only as disputes over the best interests of the child, and judicial resolution thereof, fails to recognise professional duties and public responsibilities for the welfare and protection of children that exist alongside parental responsibilities and which justify public, or state, intervention into family life and parental decision-making. Whilst the principles and approach of the court established in the early cases endure, the nature and balance of these responsibilities to children in their care need to be understood in the changing social, legal, and political context in which they are exercised and enforced by the court. The book will be a valuable resource for academics, students, and practitioners of Medical Law, Healthcare Law, Family Law, Social Work, Medicine, Nursing, and Bioethics.