Challenging and Defending Local Authority Child Care Decisions: A Practical Guide
Why should you buy Challenging and Defending Local Authority Child Care Decisions: A Practical Guide
A standalone guide, as well as a companion volume to Social Work Decision Making: A Guide for Childcare Lawyers. The book is a comprehensive and practical guide for childcare lawyers, other professionals, self-representing litigants and lay parties seeking to understand how to challenge or defend local authority decisions relating to children.
The title takes a practical approach in exploring the roles and powers of local authorities with an emphasis on understanding the usefulness and availability of the various remedies.
The book includes consideration of all the major forms of challenge to local authority decision-making. Key topics include:
- Informal remedies
- Complaints procedures
- Serious case reviews, child death reviews and inquests
- Judicial review
- Applications within proceedings
- Injunctive relief, the inherent jurisdiction and wardship
- Freestanding Human Rights applications
- Criminal injuries compensation
Who can challenge?
Parents, Children, Independent reviewing officers, Independent advocates, McKenzie friends, Litigants in person, Interested parties.
What can be challenged?
Local authority processes, Decisions, Omissions, Errors, How to challenge?
Complaints Procedures (Stages 1, 2 and 3)
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 and inquests, Damages
"the great virtue of this book is that it draws attention to and gives guidance on the whole range of mechanisms available to challenge local authority decisions. Some of these are the every day stock in trade of the child care lawyer ... but others are, as the authors comment when discussing damages claims, ‘… fairly alien to their normal daily work-load' SIMON JOHNSON Barrister, Family Law journal
Table of contents
Part 1 - Context
The Role of the Local Author
Local Authority Duties and Responsibility
Litigation Without a Law
Special Forms of Representation
Part 2 - Scrutinising and Challenging Decisions
Methods of Challenging Local Authorities
Involving Children and Families in Decision-Making
Independent Reviewing Officer (IRO)
Use and Misuse of Section 20
Death and Serious Harm to Children
Part 3 - Remedies
Applications within Proceedings
Human Rights Act Applications
Inherent Jurisdiction and Wardship
Judicial Review - The Law
Judicial Review - Procedure
Damages and Local Authorities
Criminal Injuries Compensation
Part 4 - Resources
Forms and Guidance
Links and Resources