Good Practice in Child Care Cases

The Law Society

Description

The Law Society has collaborated with organisations and leading lawyers to develop a set of best practice guidelines designed to ensure a child's interests are paramount throughout the conduct of a case.

Sujets

• Droit et juridique
• Inglaterra
• Family law
• Wales
• England

Informations

• Publié par: The Law Society
• Date de parution: 15 octobre 2015
• Nombre de lectures: 0
• EAN13: 9781784460211
• Langue: English

Extrait

Good Practice in Child Care Cases
Third Edition
Other titles available from Law Society Publishing:
Children and Families Act 2014
Noel Arnold
Family Law Arbitration
Dennis Sheridan
Family Law Protocol (4th edn)
The Law Society
Titles from Law Society Publishing can be ordered from all good bookshops or direct (telephone [phone], email [e-mail] or visit our online shop at bookshop.lawsociety.org.uk ).
Good Practice in Child Care Cases
Third Edition
The Law Society
All rights reserved. No part of this publication may be reproduced in any material form, whether by photocopying, scanning, downloading onto computer or otherwise without the written permission of the Law Society except in accordance with the provisions of the Copyright, Designs and Patents Act 1988. Applications should be addressed in the first instance, in writing, to Law Society Publishing. Any unauthorised or restricted act in relation to this publication may result in civil proceedings and/or criminal prosecution.
Whilst all reasonable care has been taken in the preparation of this publication, neither the publisher nor the authors can accept any responsibility for any loss occasioned to any person acting or refraining from action as a result of relying upon its contents.
The views expressed in this publication should be taken as those of the authors only unless it is specifically indicated that the Law Society has given its endorsement.
© The Law Society 2015
Crown copyright material is reproduced with the permission of the Controller of Her Majesty’s Stationery Office
ISBN (paperback): 978-1-78446-020-4
ISBN (EPUB): 978-1-78446-021-1
First published in 2004
2nd edition 2010
This third edition published in 2015 by the Law Society
113 Chancery Lane, London WC2A 1PL
Typeset by Columns Design XML Ltd, Reading
Printed by Hobbs the Printers Ltd, Totton, Hants
Contents
Foreword to the third edition by the Right Honourable Sir James Munby
Preface and acknowledgements
Table of cases
Table of statutes
Table of statutory instruments
Abbreviations
1 General principles
1.1 Child focus
1.2 The ‘non-adversarial’ approach
1.3 Testing the evidence
1.4 Professional approach
1.5 Case management, procedure and avoiding delay
1.6 Mentoring
1.7 Good practice guidance
2 Common issues
2.1 Human rights
2.2 Diversity issues
2.3 Communication with other parties and with clients
2.4 Data protection
2.5 Domestic abuse
2.6 Forced marriage and honour based violence
2.7 Human trafficking
2.8 Section 20 agreements
2.9 Local authority Children Act meetings
2.10 Family group conferences/family meetings
2.11 Identifying alternative carers
2.12 Experts
2.13 Professionals’ meetings
2.14 Continuity of conduct of case
2.15 The use of counsel or solicitor advocate
2.16 Approach to advocacy
2.17 Disclosure
2.18 Concurrent criminal proceedings
2.19 Court security
3 Local authority solicitors
3.1 Introduction
3.2 Relationship and communication with client
3.3 Before issue of proceedings
3.4 The conduct of cases
3.5 Care plans during the course of proceedings
3.6 Experts
3.7 The use of counsel
3.8 After conclusion of proceedings
4 Solicitors instructed by children or children’s guardians
4.1 Introduction
4.2 Role of solicitor where no children’s guardian is allocated
4.3 Working relationships with children’s guardians
4.4 Seeing the child
4.5 Assessing understanding/competence to give instructions
4.6 Relationship and communication with child
4.7 Confidentiality
4.8 Conflicts of interest between children
4.9 The conduct of cases
4.10 Experts
4.11 Child’s access to documents
4.12 In court
4.13 The child as witness
4.14 After conclusion of proceedings
5 Solicitors instructed by parents and other adult parties
5.1 Introduction
5.2 Protected parties
5.3 Relationship and communication with client
5.4 Separate representation
5.5 Conflicts of interest
5.6 Confidentiality
5.7 The conduct of cases
5.8 Experts
5.9 After conclusion of proceedings
6 Other important aspects of public law Children Act cases
6.1 Transfer of proceedings
6.2 Secure accommodation
6.3 Contact with looked-after children
6.4 Adoption
6.5 Discharge and variation of care/supervision orders
6.6 Publicity in family proceedings
6.7 After proceedings
7 Legal aid and costs information
7.1 Availability of legal aid
7.2 Separate representation
7.3 Legal Help and Family Help (Lower)
7.4 Fixed fees
7.5 High cost cases
7.6 Advocacy
7.7 Financial interest
7.8 Other duties to the LAA
7.9 Experts
7.10 Further guidance
APPENDICES
1 Practice Direction 12A – Care, Supervision and Other Part 4 Proceedings: Guide to Case Management
2 Practice Direction 12B – Child Arrangements Programme
3 Flowcharts
4 Preparing for Care and Supervision Proceedings
5 Practice Direction 25C – Children Proceedings: the Use of Single Joint Experts and the Process Leading to an Expert Being Instructed or Expert Evidence Being Put Before the Court
6 Official Solicitor’s Litigation Friend Checklist
7 Practice Note – The Official Solicitor: Appointment in Family Proceedings
8 Practice Guidance – Transparency in the Family Courts: Publication of Judgments
9 Arrangements for Handling Child Care Cases
10 Useful contacts and websites
Index
Foreword to the third edition by the Right Honourable Sir James Munby
Since the publication of the previous edition of this invaluable guide in 2010 there have been many changes in family law, not least, in April 2014, the arrival of the Family Court and the implementation of the revised Public Law Outline.
What has not changed is the need for careful and sensitive handling of the complex issues which arise in public law cases by judges, magistrates, legal practitioners and all the other professionals who come into contact with the child and his or her family. Solicitors acting in these matters have a vital role to play in making sure that cases are dealt with justly and fairly, without delay and with the minimum of distress to the children and others concerned.
I am delighted that the Law Society, with the involvement of the Association of Lawyers for Children and Resolution, has produced an updated edition of this excellent good practice guide. It is an admirable supplement to the fourth edition of the Law Society’s Family Law Protocol (forthcoming). As with previous editions, it provides practical and welcome guidance to the solicitors who practise in this important, difficult and sensitive field. Its arrival is much to be welcomed. I hope it has a wide and appreciative readership.
James Munby
President of the Family Division
6 July 2015
Preface and acknowledgements
About this book
This book, published here for the third time, is a collection of concise good practice guidelines for all solicitors acting in public law Children Act cases, whether they are acting for a local authority, a parent, a child or another party. Other relevant guidance is appended.
Part 1 sets out the general principles that need to be considered by all solicitors, whichever party they act for.
Part 2 includes common issues that need to be considered by all solicitors involved in public law Children Act proceedings.
Part 3 deals in particular with the role of solicitors acting for local authority clients.
Part 4 deals with matters to be considered when instructed by children or children’s guardians.
Part 5 outlines the approach to be taken by solicitors when acting for parents and other adult parties.
Part 6 covers good practice in relation to other aspects of public law children cases, including adoption.
Part 7 covers issues concerning legal aid and costs.
The first five parts have been written with care order applications in mind, but are intended to be of general assistance with client and professional relationships, and the aspects of conduct covered will also be relevant for other types of specified proceedings.
Since the publication of the second edition a new Part 7 dealing with legal aid and costs issues has been added, and appendices have been updated to include:
an updated Public Law Outline (in effect from 22 April 2014) contained in Practice Direction 12A – Appendix 1 ;
a new Child Arrangements Programme (CAP 2014) contained in Practice Direction 12B (in effect from 22 April 2014) – Appendix 2 ; and
updated useful guidance and directions from the courts and the Official Solicitor relating to children and family proceedings.
Aims of this guide
To accompany the Law Society’s Family Law Protocol (4th edition, forthcoming) which does not cover public law cases involving children in detail.
To provide supportive guidance on the conduct of cases and the particular approach required for less experienced practitioners who are not yet members of the Law Society’s Children Law Accreditation Scheme, and an aide mémoire for more experienced practitioners.
To ensure the highest standards of representation for children and their families in public law Children Act proceedings, addressing the needs of the client.
Scope
This book has been drafted by the Law Society’s Children Law Sub-Committee with the active and close involvement of the Association of Lawyers for Children, Cafcass, the Official Solicitor and Resolution. The intention is that it should form a benchmark of good practice with which all solicitors practising children law in England and Wales should comply.
Many experienced child care solicitors will undoubtedly find that they already practise to the standard outlined, but even they may find it a helpful guide. For those solicitors who are newly qualified or less experienced, there will be much in this document which will assist them in their professional development in the practice of public law children cases.
It is also hoped that members of the public and the judici