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Challenging Public Authorities in Family Law

Challenging Public Authorities in Family Law Practice and Procedure

Author: Elizabeth Isaacs; Carmel Shepherd; Jeremy Weston QC; Lorna Meyer QC
Publisher: Family Law LexisNexis
ISBN: 9781846613173
Published In: March 2013
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

This book is a practical guide for child care lawyers seeking to understand the legal framework, methods and procedures involved in making or resisting challenges to local authority decisions. The changing public and policy context, as well as the development of the Administrative Court outside London, mean that this is a rapidly developing area of law for family lawyers. In particular, the proposal of the Family Justice Review for the decreasing role of the family courts in scrutinising local authority care plans is likely to result in an increase in challenges to local authorities via internal complaints procedures, the Local Authority Ombudsman, and the Administrative Court.

Who can take action?
The role and powers of local authorities
Who can dispute?
Independent advocates
Mackenzie Friends
Litigants in person
Interested parties
What is being disputed and why?
The decision making processes that can be disputed
Actions
Omissions
Errors
Specific situations
Care cases
Fostering
Adoption Decision making
Child minding and private fostering
Children in Need
Children with disabilities
How to challenge? What remedies are available?
Complaints procedures (Stages 1,2 and 3)
The court process
The role of other public bodies relevant to children
Judicial Review
Applications within proceedings
Inherent jurisdiction and wardship
Injunctive relief
Freestanding applications under the Human Rights Act 1998
Local Authority Ombudsman
Appeals
Serious Case reviews
Damages
Costs
Forms and Guidance
Links and Resources

Elizabeth Isaacs Barrister, St Ives Chambers

A barrister at St Ives Chambers, Birmingham specialising in public and private childcare law. She worked as a local authority child protection social worker for 8 years before being called to the Bar in 1998 and has substantial legal and professional experience of all areas of children and family work, including physical injury, child sexual abuse, mental health, domestic violence and public interest immunity. She is frequently asked to provide advice and training for solicitors and local authorities about legal practice and procedure in all areas of public child law.

Carmel Shepherd Children’s Guardian; Independent local authority panels chair, trainer and consultant

A freelance practitioner working as a chair of adoption and fostering panels, independent social worker, children’s guardian, and trainer. She has over 20 years’ experience of working in local authorities as a social worker, team manager, and service manager. Her expertise is working with children and families where there are child protection concerns, and she has been involved in the formation of local authorities’ policies and procedures in child protection, fostering and adoption. In the early 1990’s she was instrumental in introducing Family Group Conferences to social work practice in London.

Jeremy Weston QC St Ives Chambers

Lorna Meyer QC No 5 Chambers