Read Assessment of Parents within Care Proceedings Gemma Farrington Simon Johnson 9781846618758 Books
Read Assessment of Parents within Care Proceedings Gemma Farrington Simon Johnson 9781846618758 Books


This title considers the law and practice in relation to applications made within care proceedings for the assessment of children and families. The main focus is on applications for orders pursuant to Children Act 1989, s 38(6) but other types of assessment are also examined. The book offers a practical guide to the making and opposing of assessment applications. It includes advice on the preparation and case management of such applications and a detailed and authoritative account of current guidance from the appellate courts on the circumstances in which assessments can/not be ordered. A separate chapter deals with the issue of the funding of such assessments, with particular reference to the position of the Legal Services Commission in respect of payment for assessments out of public funds. In order to provide an essential context to the current state of law and practice, the book also includes discussion of the legislative and judicial history of s 38(6) and the policy considerations that lie behind the decision to allow assessments to take place, emphasising the tension between the wish of parents to have a fair assessment of their capacity to care for their children, set against the imperative need of children for the earliest possible decisions about their future.
Read Assessment of Parents within Care Proceedings Gemma Farrington Simon Johnson 9781846618758 Books
"TOWARD ASSURING FAIR ASSESSMENT OF PARENTS WITHIN CARE PROCEEDINGS
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
This is a new title from Jordan Publishing’s Family Law imprint and as such, is a detailed guide to this especially difficult area of the law.
The germ of the idea for producing this book emerged from a conversation between its two authors, Gemma Farrington and Simon Johnson while they were waiting for their case to be called on. It was a case involving care proceedings which required an application for a direction that an assessment of the couple should be made by an independent social worker.
You can infer from this and correctly that both authors, experienced barristers, have had considerable experience in dealing with such cases, arguing either for or against the making of such directions. Their practical experience incorporated in this book will be of immense help to practitioners dealing with this area of law.
The stated aim of the book is to provide practical help to lawyers and other professionals dealing with childcare proceedings and with the assessment of parents. The book focuses on applications for orders pursuant to Children Act 1989 s 38(6), although other types of assessment are also discussed.
The authors offer up the quite startling statistic that in 2011 -- a typical year -- applications for care orders were made that involved 29,492 children, adding the assertion by the state that each of these children was ‘suffering, or… likely to suffer, significant harm’.
If the court agreed that this was what was happening, referring to a ‘threshold’ for state intervention, a care or supervision order was required to be made. The process resulted in 2011 in 15,947 of such orders being issued. The book obviously goes into further and necessary detail, but these statistics alone do indicate the grim reality.
As the authors also point out, the Supreme Court and the Court of Appeal have only recently re-emphasised the gravity of the decisions that face courts when dealing with child care cases. Such cases inevitably generate a tension, say the authors, between the wish of parents to have their parenting fairly assessed and the imperative need of children for the earliest possible decisions about their future.
The addition of this book to the legal literature is timely in that it offers a practical guide to the making and opposing of assessment applications. It gives advice on how to prepare and manage a case involving such applications and provides an authoritative account of current guidance from the appellate courts on the circumstances in which assessments can or cannot be ordered.
Family lawyers in particular will appreciate this clear, detailed and thorough overview of procedures and practice in this especially sensitive area of the law.
The publication date is cited as at January 2014."
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Assessment of Parents within Care Proceedings Gemma Farrington Simon Johnson 9781846618758 Books Reviews :
Assessment of Parents within Care Proceedings Gemma Farrington Simon Johnson 9781846618758 Books Reviews
- TOWARD ASSURING FAIR ASSESSMENT OF PARENTS WITHIN CARE PROCEEDINGS
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
This is a new title from Jordan Publishing’s Family Law imprint and as such, is a detailed guide to this especially difficult area of the law.
The germ of the idea for producing this book emerged from a conversation between its two authors, Gemma Farrington and Simon Johnson while they were waiting for their case to be called on. It was a case involving care proceedings which required an application for a direction that an assessment of the couple should be made by an independent social worker.
You can infer from this and correctly that both authors, experienced barristers, have had considerable experience in dealing with such cases, arguing either for or against the making of such directions. Their practical experience incorporated in this book will be of immense help to practitioners dealing with this area of law.
The stated aim of the book is to provide practical help to lawyers and other professionals dealing with childcare proceedings and with the assessment of parents. The book focuses on applications for orders pursuant to Children Act 1989 s 38(6), although other types of assessment are also discussed.
The authors offer up the quite startling statistic that in 2011 -- a typical year -- applications for care orders were made that involved 29,492 children, adding the assertion by the state that each of these children was ‘suffering, or… likely to suffer, significant harm’.
If the court agreed that this was what was happening, referring to a ‘threshold’ for state intervention, a care or supervision order was required to be made. The process resulted in 2011 in 15,947 of such orders being issued. The book obviously goes into further and necessary detail, but these statistics alone do indicate the grim reality.
As the authors also point out, the Supreme Court and the Court of Appeal have only recently re-emphasised the gravity of the decisions that face courts when dealing with child care cases. Such cases inevitably generate a tension, say the authors, between the wish of parents to have their parenting fairly assessed and the imperative need of children for the earliest possible decisions about their future.
The addition of this book to the legal literature is timely in that it offers a practical guide to the making and opposing of assessment applications. It gives advice on how to prepare and manage a case involving such applications and provides an authoritative account of current guidance from the appellate courts on the circumstances in which assessments can or cannot be ordered.
Family lawyers in particular will appreciate this clear, detailed and thorough overview of procedures and practice in this especially sensitive area of the law.
The publication date is cited as at January 2014.
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