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Assessment of Parents within Care Proceedings

Assessment of Parents within Care Proceedings considers the law and practice in relation to applications made within care proceedings for the assessment of children and families.
Publisher: Family Law
In Stock
Published: March 31, 2014
ISBN/ISSN: 9781846618758
Publisher: Family Law

Product description

This new title considers the law and practice in relation to applications made within care proceedings for the assessment of children and families. The main focus is on applications for orders pursuant to Children Act 1989, s 38(6) but other types of assessment are also examined.

The book offers a practical guide to the making and opposing of assessment applications. It includes advice on the preparation and case management of such applications and a detailed and authoritative account of current guidance from the appellate courts on the circumstances in which assessments can/not be ordered. A separate chapter deals with the issue of the funding of such assessments, with particular reference to the position of the Legal Services Commission in respect of payment for assessments out of public funds.

In order to provide an essential context to the current state of law and practice, the book also includes discussion of the legislative and judicial history of s 38(6) and the policy considerations that lie behind the decision to allow assessments to take place, emphasising the tension between the wish of parents to have a fair assessment of their capacity to care for their children, set against the imperative need of children for the earliest possible decisions about their future.


"their practical experience incorporated in this book will be of immense help to practitioners dealing with this area of law. ... clear, detailed and thorough overview of procedures and practice in this especially sensitive area of the law"  Watch the review Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

"this is a straightforward and helpful guide for those who act for parents in care proceedings ... will assist the reader in making sure they have properly prepared and considered any application they are making. The relevant source material is easily at hand and referred to in the text and the case law is succinctly considered throughout ... a helpful addition to any care practitioners book shelf"  Rebecca Mitchell, Barrister, 1 Garden Court Family Law Chambers

 "a practice guide  ... valuable and up-to-date information for guardians, ISWs and local authorities about the changes that are now happening, what constitutes an adequate assessment and how the writers of assessments maybe challenged in court" Suzette Waterhouse, Independent social worker, researchers and reviewer Seen and Heard Vol 25. Issue 1.


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Table of contents

• The Place of Assessment of Parents within Care Proceedings 
• The Making of a Jurisdiction
• Assessments of Parents and Children: The Uses, and Limits, of section 38(6)
• The New Legal Landscape
• Making the Application for an Assessment of a Parent in Care Proceedings
• Assessments of Parents in Care Proceedings [Otherwise than by way of Residential Assessment]
• Funding of Assessments of Parents
• Appendices