17. Public Law Proceedings Concerning Children

2021 ◽  
pp. 626-662
Author(s):  
N V Lowe ◽  
G Douglas ◽  
E Hitchings ◽  
R Taylor
Keyword(s):  
Child Protection ◽  
Local Authority ◽  
Legal Framework ◽  
Public Law ◽  
Child Assessment ◽  
Local Authorities ◽  
The Public ◽  
General Duty ◽  
Protection Orders ◽  
Police Protection

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.

16. Children and Local Authorities:

2015 ◽  
pp. 579-593
Author(s):  
N V Lowe ◽  
G Douglas
Keyword(s):  
Child Assessment ◽  
Emergency Protection ◽  
Local Authorities ◽  
General Duty ◽  
Protection Orders ◽  
Police Protection

This chapter focuses on the local authorities' investigative powers and duties. It covers general duty of investigation under Section 47 of the Children Act 1989; co-operating with other agencies to discharge investigative duties; emergency protection orders; child assessment orders; and police protection.

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

2018 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Local Authority ◽  
Public Law ◽  
Emergency Protection ◽  
The Public ◽  
Protection Orders ◽  
Questions And Answers ◽  
Police Protection ◽  
The Law ◽  
The Difference

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.

7. The Children Act—the public law

2017 ◽  
Author(s):  
Susan Heenan ◽  
Anna Heenan
Keyword(s):  
Human Rights ◽  
Public Law ◽  
Child Assessment ◽  
Local Authorities ◽  
Essential Information ◽  
The Public ◽  
Protection Orders ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Threshold Criteria

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.

10. The Law Relating to Children:

2016 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Local Authority ◽  
Public Law ◽  
Emergency Protection ◽  
The Public ◽  
Protection Orders ◽  
Questions And Answers ◽  
Police Protection ◽  
The Law ◽  
The Difference

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.

15. Children and Local Authorities

2015 ◽  
pp. 552-578
Author(s):  
N V Lowe ◽  
G Douglas
Keyword(s):  
Local Authority ◽  
Legal Framework ◽  
Local Authorities ◽  
General Role ◽  
General Duty

This chapter explains the basic legal framework and provisions for local authorities to provide services for families. It covers the general role of the courts and local authorities; an overview of the development of local authority powers; the current law; general duty of local authority to children in need; specific duties and powers; accommodating children in need; and secure accommodation.

7. Children—public law

2020 ◽  
pp. 125-145
Author(s):  
Susan Heenan ◽  
Anna Heenan
Keyword(s):  
Human Rights ◽  
Public Law ◽  
Child Assessment ◽  
Emergency Protection ◽  
Local Authorities ◽  
Essential Information ◽  
Protection Orders ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Threshold Criteria

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.

11. Child Protection: State Support for Children

2021 ◽  
pp. 705-769
Author(s):  
Polly Morgan
Keyword(s):  
Social Services ◽  
Child Protection ◽  
Legal Framework ◽  
The State ◽  
State Support ◽  
Local Authorities ◽  
Looked After Children ◽  
History Of ◽  
Difficult Situations ◽  
Or Applications

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.

Laws as an Instrument of Policy: A Study in Central-Local Government Relations

1985 ◽  
Vol 5 (2) ◽  
pp. 241-265 ◽  
Author(s):  
Edward Page
Keyword(s):  
Local Government ◽  
Local Authority ◽  
Central Government ◽  
Public Policies ◽  
Legal Framework ◽  
Direct Reference ◽  
Local Authorities ◽  
Government Relations ◽  
Local Services

ABSTRACTLaw is an instrument which can be used by central government to influence its environment, including other levels of government. This paper examines a number of fundamental questions about the nature of legal influence upon local authorities in Britain. Legislation affects local authorities in a variety of ways: through making direct reference to local authority organisations and the services they provide; through affecting all large organisations, public or private; and through affecting the organisations and individuals with which local authorities interact. In the 1970s a large proportion of legislation was concerned with the financial aspects of local services. Relatively few laws make substantive changes in the legal framework within which local authorities operate and much legislation can be categorised as ‘anodyne’. However, particular items of legislation can produce such substantive changes in public policies and in the powers of different organisations within government.

A SURVEY OF THE USE OF GEOGRAPHIC INFORMATION SYSTEMS IN ENGLISH LOCAL AUTHORITY IMPACT ASSESSMENTS

2012 ◽  
Vol 14 (01) ◽  
pp. 1250006 ◽  
Author(s):  
D. RIDDLESDEN ◽  
A. D. SINGLETON ◽  
T. B. FISCHER
Keyword(s):  
Information Systems ◽  
Spatial Analysis ◽  
Geographic Information Systems ◽  
Public Sector ◽  
Local Authority ◽  
Geographic Information ◽  
Local Authorities ◽  
The Public ◽  
Embedded Gis ◽  
Almost All

Across the public sector, Geographic Information Systems (GIS) and spatial analysis are increasingly ubiquitous when making decisions involving people and places. However, historically GIS has not been prevalently applied to the various types of impact assessment. As such, this paper presents findings from a survey conducted in 2011 of 100 local authorities in England to examine how embedded GIS, spatial analysis and visualisation practices are to the process of conducting impact assessments. The results show that despite obvious advantages of applying GIS in these processes, applications employing basic techniques are at best sporadic, and where advanced methods are implemented, these in almost all instances are conducted by external contractors, thus illustrating a significant GIS under capacity within the sampled local authorities studied.

scholarly journals Swoboda wyboru prywatnoprawnej formy działania administracji gospodarczej w polskiej i niemieckiej doktrynie prawa publicznego

2019 ◽  
pp. 93-116
Author(s):  
Paweł Sancewicz
Keyword(s):  
Public Administration ◽  
German Law ◽  
Legal Framework ◽  
Public Law ◽  
Legal Form ◽  
The Public ◽  
Administrative Procedures ◽  
The Republic ◽  
Legal Forms ◽  
Polish Law

The purpose of this paper was to present views of both Polish and German public law doctrine on the issue of the possibility to choose a legal form of implementa­tion of public tasks by the public administration. This issue is not only a theoretical matter because currently administration has to cope with increasingly complex and complicated public tasks that must be implemented. The article first explains the concept of the legal forms of action, distinguished from the measures available in administration. Next, the freedom of choice of the legal form of action as well as the instances of its abuse are analysed. The considerations carried out in the article allow to adopt the position that the choice of the legal form of action by public administration cannot be actually prejudged under Polish law. The main limitation of the freedom to choose the le­gal form of action is contained in Article 7 read in connection with Article 2 of the Constitution of the Republic of Poland which stipulate a legal framework that ought to embrace them. There is also a concern that the authorities may abuse certain forms of action in order to, for example, avoid certain administrative procedures or to achieve desired fiscal objectives. As indicated in the course of the analysis, the German doctrine and practice encountered similar problems, and now the experi­ence and undoubted successes of German law and practice could be a significant inspiration for Polish lawmakers in this area. De lege ferenda, it is necessary to propose the introduction of legal regulations that will enable or facilitate a free choice of the legal form of action by administra­tive bodies. However, establishing such regulations will only be possible and and effective when the administrative agreement becomes part of the Polish legal system.

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