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This new title considers the law and practice in relation to applications made within care proceedings for the assessment of children and families.
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"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.Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
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’.
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."
"This is a straightforward and helpful guide for those who act for parents in care proceedings. Successful requests for such assessments are becoming increasingly difficult in care proceedings and face close judicial scrutiny. Any advocate addressing the court on behalf of a parent, or anyone preparing such an application would be well armed having read this book. Even those who are experienced at making such applications, would benefit from having their memory refreshed by the journey through the legal landscape to where we now find ourselves.Rebecca Mitchell, Barrister, 1 Garden Court Family Law Chambers
This is a practical guide not an academic text, which will assist the reader in making sure they have properly prepared and considered any application they are making. The relevant source material is easily at hand and referred to in the text and the case law is succinctly considered throughout. This would be a helpful addition to any care practitioners book shelf."
"A practice guide for lawyers, providing a comprehensive journey through the development of assessments under s38(6) Children Act 1989 …This book proved initially ‘heavy’ on the legal side but digresses to provide valuable and up-to-date information for guardians, ISWs and local authorities about the changes that are now happening, what constitutes an adequate assessment and how the writers of assessments maybe challenged in court".Read more
Suzette Waterhouse, Independent social worker, researchers and reviewer
Seen and Heard Vol 25. Issue 1.
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