A handbook for all those involved in care proceedings where one or both of the parents is learning disabled. The book sets out the relevant governmental policy and guidance in this area; examines the statutory framework relevant to adult learning disability social workers and children's services social workers, where there is a parent with a learning disability; considers and analyses the legal and practical arguments and issues likely to arise in learning disability cases; and concludes by focusing on the reported cases where learning disability has been an important feature.

Essential reading for all family lawyers; the judiciary; adult learning disability social workers; child protection social workers; family law students.

Abigail Bond, Barrister, St John's Chambers, Bristol

With a Foreword by Mrs Justice Pauffley

Foreword by Mrs Justice Pauffley

• Learning Disabled Parenting: An Introduction
• Supporting Learning Disabled Parenting: The Policy and the Law
• Learning Disabled Parenting: The Research Base
• The Threshold Test: Establishing ‘Significant Harm’ and the Need for
• Parenting Support
• Protected Parties and the Litigation Friend
• Learning Disability: Case Summaries

  
  Appendices
  

• National Health Service and Community Care Act 1990, ss 46, 47
• Mental Capacity Act 2005, ss 1–3
• Mental Capacity Act 2005 Code of Practice
• Practice Note 2 April 2001
• President’s Joint Guidance December 2010
• Letter to Independent Expert
• Family Procedure Rules 2010, Pt 15
• Learning Disability: Definitions and Contexts
• Part 1: Defining ‘Learning Disability’
• Part 2: Associated Contexts
• Part 3: Appendices
• Good Practice Guidance on Working with Parents with a Learning
  Disability
  
  Index 

One of my most satisfying days as a family law advocate was when a local
authority compromised its public law application in favour of my client, a
‘learning disabled’ mother. She and her son, who also had a learning disability,
were to be supported and assisted by a carefully devised collection of measures,
from a variety of agencies. I cannot now recall the form of order which
resulted from the hearing. But what I shall never forget, as she left court, was
the mother’s radiant smile. It signified joy, unadulterated joy, that she and her
son could look forward to life together. It was one of those memorable
occasions when it felt that something priceless had been achieved and it was a
privilege for me personally to have been involved.

Public law applications where the parents (or one of them) have a learning
disability pose particular difficulties for judges, lawyers and the many
professionals who work within the family justice system. Cases in this special
branch of the law require and deserve sensitive handling on the basis of sound
knowledge. They are amongst the most demanding for any family practitioner
or judge.

This erudite, concise and immensely readable handbook, therefore, is a most
welcome addition to the legal literature. Abigail Bond’s lucid writing style
enables the reader rapidly to develop an understanding of the development of
policy relating to learning disabled parents. She provides a useful overview of
the sociological, psychological and psychiatric research as well as an invaluable
guide to procedure, including the appointment of a litigation friend.
Perhaps of most immediate interest to busy practitioners will be the chapter
which analyses the various factors of importance relating to the threshold
criteria and also the welfare principle. Special considerations most certainly
apply where parents have a learning disability; and this book specifies how and
why. The text is supported by a handy digest of the case-law and a full
appendix including the 2007 Good Practice Guidelines.

In short, this succinct volume contains all of the required materials to litigate
in this complex field. It is highly recommended reading for children law
specialists.

Anna Pauffley
March 2011

"written in handbook style so is user-friendly....The introductory chapter itself is essential reading as it sets the context and deals with core issues such as the distinction between the terms learning difficulty and disability"
Noel Arnold, Partner at Philcox Gray and Co in London, Member of the Law Society's Children Law Sub-committee and the Association of Lawyers for Children's Executive Committee