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Care Proceedings and Learning Disabled Parents

Care Proceedings and Learning Disabled Parents A Handbook for Family Lawyers

Author: Abigail Bond
Publisher: Family Law LexisNexis
ISBN: 9781846611780
Published In: March 2011
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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A handbook for all those involved in care proceedings where one or both of the parents is learning disabled.

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.

Foreword

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

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