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GLOSSARY
A care order gives the local authority parental responsibility for a child. Parental responsibility is not removed from others who have it, but the local authority is able to limit the extent to which others exercise their parental responsibility and override parental wishes in the interests of the child's welfare.
PRACTICE NOTES
This Practice Note provides answers to the most commonly asked questions in relation to the legislative frame work behind care and supervision orders. It provides an overview to the grounds for and effects of both care and supervision orders, explains who can apply for them, as well as highlighting the principle differences between the two outcomes. It should be read in conjunction with the procedural guide to public law proceedings relating to children contained in our Public children—Public law Outline 2014. Care orders What is a care order and what is its purpose? A care order is an order granted by the family court which allows a designated local authority to share parental responsibility for a child with any other holders of parental responsibility (although it should be noted that if the holder has parental responsibility by virtue of a child arrangements order only, a care order will discharge the child arrangements order (CAO) and the parental responsibility as a result). The purpose of a care order is to allow a local authority to
PRACTICE NOTES
This Practice Note explains what a care plan is, when it must be created and when it should be created. It gives practical guidance on who should prepare the plan, who should be consulted and what it should contain. The information in this Practice Note relates to the current law in England. The law in Wales in this area is covered by the Social Services and Well-being (Wales) Act 2014 and related statutory instruments such as the Care Planning, Placement and Case Review (Wales) Regulations 2015, SI 2015/1818. Note that the Care Planning, Placement and Case Review (Wales) Regulations 2015, SI 2015/1818, regs 4 and 5 reproduce the wording of the Care Planning, Placement and Case Review (England) Regulations 2010, SI 2010/959. See further Practice Note: Local authority duties to looked after children in Wales. Chapter 1 of the Children and Social Work Act 2017 introduced an obligation on local authorities to consider additional general needs, known as principles, when dealing with: • children who are looked after children (LAC) • relevant children, and
Q&As
A family assistance order (FAO) is made pursuant to section 16 of the Children Act 1989 (ChA 1989) and requires a Cafcass officer or local authority officer to advise, assist and (where appropriate) befriend any person named in the order. FAOs do not regulate with whom a child is to live, spend time or otherwise have contact, which would require a child arrangements order (CAO) under ChA 1989, s 8. The court may make a FAO in any family proceedings where the court has power to make an order under ChA 1989, Pt II (whether or not such an order is made). They are often made to support contact provisions in a CAO, whether in the context of public law or private
NEWS
Michelle Baxter, a team manager at a care leavers service, has been sentenced to two years and two months in prison. She pleaded guilty to ill-treatment of an individual by a care worker, and misconduct in a public office. This comes after she was found to have entered into an intimate relationship with a vulnerable 24-year old man and purchased drugs for him while manipulating colleagues to cover her actions.
NEWS
Law360, London: The Employment Appeal Tribunal (EAT) has agreed that a healthcare provider's mandatory coronavirus (COVID-19) vaccine policy did not infringe a group of care home workers' human rights, ruling that they were fairly dismissed because the company had a right to protect its residents.
GLOSSARY
This is a defined benefit basis used to calculate retirement benefits using earnings throughout an employee's career (rather than the approach of basing benefits on earnings near retirement). Also known as average earnings.
GLOSSARY
See: Salary-related occupational pension schemes.
GLOSSARY
See: Salary-related occupational pension schemes.
GLOSSARY
This is a defined benefit basis used to calculate retirement benefits using earnings throughout an employee’s career (rather than the approach of basing benefits on earnings near retirement).
PRACTICE NOTES
This Practice Note examines the employment law issues that arise in relation to career breaks and sabbaticals. This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law. What is a career break or sabbatical? The terms 'career break' and 'sabbatical' have no particular legal meaning, and the label given to the break is not determinative of its legal nature. In practice: • the term ‘'career break' is often used to describe a longer period of unpaid leave during which the employment contract may continue, but more often does not, and • the term 'sabbatical' is used to describe a shorter period of leave which is often unpaid but might be paid or partly-paid, during which the contract does continue There is no statutory right to request or take a career break or sabbatical, but many employers (often those in particular sectors such as education, or larger employers) will
PRACTICE NOTES
Careless or inconsiderate driving If a person drives a car carelessly on a road or public place, or without consideration for other users of the road or place they may be guilty of careless or inconsiderate driving under section 3 of the Road Traffic Act 1988 (RTA 1988). Careless driving under RTA 1988, s 3 can be tried summarily only. Elements of the offence of careless driving To be guilty of an offence a person must: • drive • a mechanically propelled vehicle • on a road or other public place • without due care and attention, or without reasonable consideration, for other persons using the road or public place Drive The term driving is not defined in RTA 1988 but the courts have held that the act of driving is a physical one which can only be performed by a person. The Divisional Court has held that the term does not apply to a limited company (Richmond London Borough Council v Pinn and Wheeler [1989] RTR 354 (not reported by LexisNexis®)). The