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Chapter

Cover Essential Cases: Public Law

Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, Court of Appeal  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, Court of Appeal. This case note considers the concept of unreasonableness as articulated in Wednesbury and reflects on its relationship to that of proportionality. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, Court of Appeal  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, Court of Appeal. This case note considers the concept of unreasonableness as articulated in Wednesbury and reflects on its relationship to that of proportionality. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Tort Law

Poole Borough Council v GN [2019] UKSC 25  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Poole Borough Council v GN [2019] UKSC 25. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Family Law

10. Public Law Protection  

Penelope Russell

Public law protection of children challenges one of the fundamental principles of England and Wales that children are best brought up by their parents. Unlimited state intervention in the family is not permitted and the courts have to strike a balance between maintaining stability for children within their family, and protecting them from harm. This chapter considers the statutory duties of the local authority towards children as well as emergency action to protect a child. It examines what has to be proven to obtain a care order and the evidential difficulties connected with this; in particular, the difficulties posed for the courts where harm is caused to a child by an unknown perpetrator. The chapter ends by exploring the options available to the court at the welfare assessment once the threshold criteria have been met.

Chapter

Cover Family Law

12. Child Protection: Care, Supervision, and Adoption  

This chapter looks at what happens in issues of child protection when compulsory intervention in the form of care or supervision applications is needed. It considers the legal tests, the processes, and the practicalities involved in proceedings and decisions about what should happen after intervention. For intervention to take place, the local authority must satisfy the court that the child in question is suffering or likely to suffer significant harm attributable to their care or to them being beyond parental control. As far as the court is concerned, the best interests of the child are paramount. The court has to consider all realistic options for the child's future.

Chapter

Cover Essential Cases: Equity & Trusts

Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] 2 AC 669, House of Lords  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] 2 AC 669, House of Lords. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Bromley's Family Law

13. Who has Parental Responsibility?  

N V Lowe, G Douglas, E Hitchings, and R Taylor

Having considered the content of parental responsibility in chapter 12, this chapter turns to its allocation. The chapter starts by explaining the allocation of parental responsibility automatically at the child’s birth and through registration on the birth certificate. It then turns to consider applications by unmarried, unregistered fathers for parental responsibility orders. The acquisition of parental responsibility by non-parents, including step-parents and local authorities is then outlined. Finally, it discusses the question of shared parental responsibility and how that responsibility may be exercised in the case of disagreement.

Chapter

Cover Essential Cases: Equity & Trusts

Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] 2 AC 669, House of Lords  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] 2 AC 669, House of Lords. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Bromley's Family Law

18. Care and Supervision  

N V Lowe, G Douglas, E Hitchings, and R Taylor

The Children Act 1989 places considerable importance on local authorities working in partnership with families and the avoidance wherever possible of court proceedings. However, the Act also makes provision, in the form of care and supervision orders, for compulsory measures to be taken to safeguard and promote children’s welfare. This chapter focuses on care and supervision orders. It covers the initiation of proceedings; the threshold criteria, which refers to conditions set out by s 31(2) that must be satisfied before a care or supervision order may be made; the ‘welfare stage’, where the court must, pursuant to s 1(1), regard the welfare of the child as the paramount consideration; tackling delay in care proceedings; court orders; appeals; and discharge of care orders and discharge and variation of supervision orders. The chapter ends by discussing the position of children in local authority care, focusing on the critical issue of contact with children in care.

Chapter

Cover Bromley's Family Law

20. The High Court’s Inherent Powers in Respect of Children  

N V Lowe, G Douglas, E Hitchings, and R Taylor

This chapter discusses the High Court’s inherent powers in respect of children. The development of these powers, principally under the aegis of the wardship jurisdiction, was highly influential in the modern development of law and practice concerning children, and the Children Act 1989 incorporates many of its features. In detail, the chapter first considers the High Court’s exercise of inherent jurisdiction; the court’s powers; local authority use of the jurisdiction; and private law use of the jurisdiction. It then does the same for wardship.

Chapter

Cover Concentrate Questions and Answers Family Law

11. The Law Relating to Children: Public Law and Adoption  

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter deals with the public law relating to children, contained in Parts III, IV, and V of the Children Act 1989, and the law relating to adoption, under the Adoption and Children Act 2002. The questions contained in this chapter are a mixture of essay and problem questions that focus on: emergency protection for children, i.e. police protection, emergency protection orders, and local authority enquires; care, supervision, and education supervision orders; the difference between adoption and special guardianship orders and finally, the requirements and procedures for adoption.

Chapter

Cover Family Law Concentrate

7. Children—public law  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter, which focuses on public law matters concerning children under the Children Act 1989, first explains the powers and duties of local authorities, as well as those of the police, to protect children in need. It then considers emergency protection orders, which may be granted where a child is in need of immediate protection, along with interim orders and child assessment orders. The chapter also examines the ‘threshold criteria’ in section 31(2) of the Children Act 1989, which allows the court to make a care or supervision order, before concluding with an assessment of the Human Rights Act 1998 and its impact on the law in relation to care proceedings.

Chapter

Cover Family Law Concentrate

8. Adoption  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on adoption as a means to terminate the legal relationship between a child and their birth parents. It considers the human rights aspects of adoption and different types of adoption and discusses adoption proceedings in England and Wales under the Adoption and Children Act 2002. The chapter then explains the role of local authorities and adoption agencies under section 2 of the Adoption and Children Act 2002, and placement for adoption, parental responsibility, and parental consent. It also highlights the welfare of children as considered by an adoption agency or a court when making a decision affecting the child. Finally, the chapter examines alternative orders: child arrangements order, parental responsibility, special guardianship order, and no order. This edition now includes reference to the Special Guardianship (Amendment) Regulations 2016.

Chapter

Cover Bromley's Family Law

17. Public Law Proceedings Concerning Children  

N V Lowe, G Douglas, E Hitchings, and R Taylor

This is the first of two chapters discussing child protection issues—what is often called the public law concerning children. Chapter 17 begins with a consideration of the basic dilemmas of child protection followed by an overview of the development of local authority powers. It explains the current basic legal framework and provisions for local authorities to provide services for families; specific duties and powers; accommodating children in need; and secure accommodation. The chapter ends by focusing on the local authorities’ investigative powers and duties. It covers the general duty of investigation under s 47 of the Children Act 1989; co-operating with other agencies to discharge investigative duties; emergency protection orders; child assessment orders; and police protection.