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Chapter

Cover Hayes & Williams' Family Law

8. Children’s rights  

This chapter introduces some theoretical discussions concerning children’s rights and examines some ‘core’ legal provisions. It also looks at the case law related to which the issue of the legal protection of children’s interests has been explored. The focus is on the child’s right to make his or her own decisions as a possible limitation on parental responsibility, explored principally in the context of children’s medical treatment.

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.

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 Family Law

11. Child Protection: State Support for Children  

This chapter considers how the Children Act 1989 provided a legal framework within which the state can support children to remain with their families through difficult situations and intervene to protect them when they face unacceptable risks. The chapter starts by giving a brief history of child protection law. The chapter then looks at the inherent tension in protecting children while aspiring to support their life with their families, before considering local authorities' powers and duties, resources, and the ever-increasing numbers of children who are involved with social services, whether as c hildren in need, looked after children, or as subjects of child protection investigations or applications.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

5. Article 2: The Right to Life  

David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green

This chapter discusses Article 2 of the European Convention on Human Rights, which guarantees the right to life. Topics that are covered include the obligation to protect the right to life by law; the obligation to take preventive action; the procedural obligation to investigate; the protection of the unborn child; and the prohibition of the taking of life by the use of force. The limitation on sentences of capital punishment in Article 2(1) has been interpreted by the Court as prohibiting them entirely. Article 2 prohibits deportation or extradition to face the risk of the loss of life abroad.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

5. Article 2: The right to life  

David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley

This chapter discusses Article 2 of the European Convention on Human Rights, which guarantees the right to life. Topics that are covered include the obligation to protect the right to life by law; the obligation to take preventive action; the procedural obligation to investigate; the protection of the unborn child; and the prohibition of the taking of life by the use of force. The limitation on sentences of capital punishment in Article 2(1) has been interpreted by the Court as prohibiting them entirely. Article 2 prohibits deportation or extradition to face the risk of the loss of life abroad.

Book

Cover Family Law

Joanna Miles, Rob George, and Sonia Harris-Short

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Drawing on extensive experience, the authors offer a detailed and authoritative exposition of family law illustrated by materials carefully selected from a wide range of sources. The book’s principal aims are to provide readers with a thorough understanding of family law, in a way that stimulates critical reflection. Readers are encouraged to consider how and why the law has developed as it has, what policies it is seeking to pursue, whether it achieves the right balance between the rights and interests of individual family members and the wider public interest, and how it operates in practice. This edition provides updates and revised discussion on: civil partnership after R (Steinfeld and Keidan) (2018); divorce law following Owens v Owens (2018) and the government’s consultation on reform; domestic abuse, including consultation ahead of the draft Domestic Abuse Bill and forced marriage; rights under the ECHR and UNCRC in children proceedings; surrogacy following Re Z (A Child) (No 2) (2016); child arrangements orders; specific issue and prohibited steps orders, including relocation law; local authority voluntary accommodation following Williams v London Borough of Hackney (2018). There is a new chapter dedicated to property and financial issues after the breakdown of relationships other than marriage and civil partnership. The introductory chapter, supported by materials on the Online Resources, considers some of the contemporary challenges faced by the family justice system.

Chapter

Cover Hayes & Williams' Family Law

10. Children needing services, care, and protection  

This chapter examines the relationship between children, parents, and the state, looking at how the law responds to children needing services, care, and protection. Topics discussed include: Part III of the Children Act 1989; the threshold for compulsory intervention in family life based on the concept of ‘significant harm’; protecting children in an emergency; care and supervision orders; the local authority’s care plan and respective roles of the local authority and court; and discharge of care orders.

Book

Cover Family Law

Rob George, Sharon Thompson, and Joanna Miles

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Drawing on extensive experience, the authors offer a detailed and authoritative exposition of family law illustrated by materials carefully selected from a wide range of sources. The book’s principal aims are to provide readers with a thorough understanding of family law in a way that stimulates critical reflection. Readers are encouraged to consider how and why the law has developed as it has, what policies it is seeking to pursue, whether it achieves the right balance between the rights and interests of individual family members and the wider public interest, and how it operates in practice. This edition provides updates and revised discussion on: the advent of mixed-sex civil partnership; a thoroughly overhauled chapter on divorce law, in light of the reform effected by the Divorce, Dissolution and Separation Act 2020; new laws relating to domestic abuse, introduced by the Domestic Abuse Act 2021; a revised analysis of Gillick competence and children’s autonomy rights in light of recent case law; and detailed consideration of the latest developments in relation to contact and domestic abuse after Re H-N (Domestic Abuse: Findings of Fact Hearings) [2021] EWCA Civ 448. Updated case law includes Guest v Guest [2022] UKSC 27, Bell v Tavistock and Portman NHS Trust [2021] EWCA Civ 1363, R (McConnell) v The Registrar General for England and Wales [2020] EWCA Civ 559, Re H-N (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448, Re H-W (Care Proceedings) [2022] UKSC 17, and Re A, B and C (Adoption: Notification of Fathers and Relatives) [2020] EWCA Civ 41.

Chapter

Cover Family Law

12. Child Protection  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; the legal framework governing local authority support for children in need under Part III of the CA 1989 and the Social Services and Well-Being (Wales) Act 2014; the law and procedure regulating compulsory intervention into family life by means of care proceedings under Part IV; and the various emergency and interim measures available to protect a child thought to be at risk of immediate harm.

Chapter

Cover Family Law

12. Child Protection  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; the legal framework governing local authority support for children in need under Part III of the CA 1989 and the Social Services and Well-Being (Wales) Act 2014; the law and procedure regulating compulsory intervention into family life by means of care proceedings under Part IV; and the various emergency and interim measures available to protect a child thought to be at risk of immediate harm.

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.