30. Emergency Protection of Children

2019 ◽  
pp. 334-341
Author(s):  
Jane Sendall ◽  
Roiya Hodgson
Keyword(s):  
Case Law ◽  
Public Law ◽  
Emergency Protection ◽  
Protection Orders ◽  
Protection Order

When a child is in imminent need of protection, the order used to protect the child is an emergency protection order (EPO) under s44 of the Children Act 1989. This chapter discusses the use of emergency protection orders in public law for children and examines the factors a court will consider when asked to make an emergency order. It looks at contact when an EPO is in place, duration and discharge of an application, and procedure. Case-law is used to provide guidance. It also looks at the powers available to the police when faced with a child in need of protection.

30. Emergency Protection of Children

Family Law ◽  
2020 ◽  
pp. 334-341
Author(s):  
Roiya Hodgson
Keyword(s):  
Case Law ◽  
Public Law ◽  
Emergency Protection ◽  
Protection Orders ◽  
Protection Order

When a child is in imminent need of protection, the order used to protect the child is an emergency protection order (EPO) under s44 of the Children Act 1989. This chapter discusses the use of emergency protection orders in public law for children and examines the factors a court will consider when asked to make an emergency order. It looks at contact when an EPO is in place, duration and discharge of an application, and procedure. Case-law is used to provide guidance. It also looks at the powers available to the police when faced with a child in need of 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.

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.

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.

Who are the Respondents of Domestic Violence Protection Orders?

2000 ◽  
Vol 33 (1) ◽  
pp. 77-90 ◽  
Author(s):  
Anna Stewart
Keyword(s):  
Domestic Violence ◽  
Criminal History ◽  
Demographic Characteristics ◽  
Protection Orders ◽  
Violent Criminal ◽  
Couple Violence ◽  
Criminal Histories ◽  
Married Men ◽  
Economic Background ◽  
Protection Order

This study examined a sample of both male and female respondents of applications for domestic violence protection orders in Queensland, Australia. The socio-demographic characteristics and criminal histories of respondents of only one domestic violence protection order (DVPO) application were compared with respondents of multiple DVPO applications. No differences were found between the groups in socio-economic background or ethnicity. The respondent's gender, marital status, and criminal history discriminated among respondents. Females were respondents on only one DVPO application. Respondents on cross applications were more likely to be married. Men who were respondents on multiple DVPO applications were more likely to have non-spousal violent criminal histories than men involved in only one protection order application. However, Indigenous people and people from disadvantaged areas were over-represented in the sample. These results of this study provide support for Johnson's (1995) concept of two distinct forms of couple violence. The implications of these findings for understanding the nature of domestic violence and managing violent offenders are discussed.

scholarly journals A VINCULAÇÃO DO PRINCÍPIO PROCESSUAL DA NÃO-SURPRESA E A APLICAÇÃO DA LEI DE INTRODUÇÃO ÀS NORMAS DO DIREITO BRASILEIRO – LINDB

Percurso ◽  
2019 ◽  
Vol 3 (30) ◽  
pp. 42
Author(s):  
Frabriccio Petreli TAROSSO
Keyword(s):  
Decision Making ◽  
General Rule ◽  
Case Law ◽  
Public Law ◽  
Tax Law ◽  
The Novel ◽  
Legal Certainty ◽  
Federal Law ◽  
National Tax ◽  
Definition Of

RESUMOO presente artigo pretende aproximar alguns conceitos da novel Lei de Introdução às Normas do Direito Brasileiro – LINDB ao princípio da não-surpresa aplicável ao processo tributário, seja ele Administrativo ou Judicial. A Lei Federal n. 13.655 de 25/04/2018 houve por incluir no Decreto-Lei nº 4.657, de 4 de setembro de 1942 - Lei de Introdução às Normas do Direito Brasileiro - disposições sobre segurança jurídica e eficiência na criação e na aplicação do direito público. Deste modo, muitas dúvidas têm surgido acerca da convivência entre a regra geral de direito tributário, inserta no Art. 144 do Código Tributário Nacional, de que a lei vigente à época dos fatos geradores deve ser levada em conta ao deslinde de uma questão e que a jurisprudência majoritária à época dos mesmos fatos – se modificada – não deve servir de parâmetro para a tomada das decisões. PALAVRAS-CHAVE: Lei de Introdução às Normas do Direito Brasileiro – LINDB; Princípio Processual da não-surpresa.ABSTRACTThe present article intends to approximate some concepts of the novel Law of Introduction to the Norms of Brazilian Law - LINDB to the principle of non-surprise applicable to the tax process, be it Administrative or Judicial. Federal Law n. 13,655 dated 04/25/2018, there was a need to include in Decree-Law No. 4.657, dated September 4, 1942 - Law on Introduction to the Rules of Brazilian Law - provisions on legal certainty and efficiency in the creation and application of public law. In this way, many doubts have arisen about the coexistence between the general rule of tax law, inserted in Article 144 of the National Tax Code, that the law in force at the time of the generating facts must be taken into account in the definition of an issue and that the majority case-law at the time of the same facts - if modified - should not serve as a parameter for decision-making. The study will have as a method the legal and bibliographical research on the subject.KEYWORDS: Law of Introduction to the Norms of Brazilian Law – LINDB; Procedural Principle of Non-Surpris

scholarly journals Interpretation of the Principle of Municipality Self-Reliance in the Context of Constitutional Principles of Law

2020 ◽  
Vol 65 (1) ◽  
pp. 103-119
Author(s):  
Agnieszka Daniluk
Keyword(s):  
Separation Of Powers ◽  
Case Law ◽  
Public Law ◽  
The Self ◽  
Self Reliance ◽  
Democratic State ◽  
Inherent Feature ◽  
Subsidiarity Principle ◽  
The Republic ◽  
Judicial Protection

Abstract In the science of administrative and constitutional law, administration science and many other sciences, including political science, it is widely accepted that the basic, inherent feature of a municipality, deciding the essence of the territorial self-government unit as an entity of public administration, is the self-reliance it is entitled to. The self-reliance of territorial self-government units is even defined as a constitutional norm. In principle, self-reliance is perceived as a fundamental attribute of a decentralised public authority and constitutes one of the fundamental systemic principles of the Republic of Poland. It was formulated expressis verbis in art. 165 par. 2 of the Constitution of the Republic of Poland, which states that the self-reliance of territorial self-government units is subject to judicial protection, meaning that TSGUs can defend themselves against illegal attempts, not grounded in the law to interfere in their self-reliance. This protection seems to encompass both the private-law and public-law spheres of territorial self-government activity. The essence and guarantees of territorial self-government units’ self-reliance also arise from other constitutional principles, including the aforementioned decentralisation principle, subsidiarity principle, separation of powers, supremacy of the nation and democratic state under rule of law. The goal of this article is to interpret the principle of municipal self-reliance in the context of constitutional principles of law, in the light of the Polish Constitution. The studies were conducted based on analysis of normative acts, doctrinal views and case law.

Bromley's Family Law

2021 ◽  
Author(s):  
Nigel Lowe ◽  
Gillian Douglas ◽  
Emma Hitchings ◽  
Rachel Taylor
Keyword(s):  
Family Law ◽  
Hague Convention ◽  
Case Law ◽  
Critical Discussion ◽  
Genital Mutilation ◽  
Protection Orders ◽  
European Court ◽  
Key Issues ◽  
The Subject ◽  
Female Genital

Bromley’s Family Law has an enduring reputation as the definitive text on the subject. Its hallmark qualities of clarity, authority, comprehensiveness and readability have been relied upon by generations of readers. The text presents a broad treatment of the key issues relating to adult and child law. Each chapter provides an up-to-date critical discussion of the current legislative and case law position (including European Court of Human Rights’ decisions), proposals for reform and issues of current concern. Particular attention is also paid to the increasingly significant international dimension of family law, with a new chapter on this area covering the 1996 Hague Convention on the Protection of Children and reflecting the UK’s departure from the EU. This edition has been updated to provide up-to-date coverage on heterosexual civil partnerships, religious marriage (non)-recognition, the 2020 Domestic Abuse Bill, forced marriage protection orders, female genital mutilation protection orders, stalking protection orders, the Divorce, Dissolution and Separation Act 2020, online divorce, transgender parenthood, surrogacy, parental orders, child arrangement orders, radicalisation, and voluminous case law across all topics.

Re Dr Bonham’s Case (1608) 8 Coke Reports 107a, 77 ER 638, Court of King’s Bench; Dr Bonham’s Case (1609) 8 Coke Reports 113b, 77 ER 646, Court of King’s Bench

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Common Law ◽  
Case Law ◽  
Public Law ◽  
Glorious Revolution ◽  
The Glorious Revolution

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Dr Bonham’s Case (1608) 8 Coke Reports 107a, 77 ER 638, Court of King’s Bench; Dr Bonham’s Case (1609) 8 Coke Reports 113b, 77 ER 646, Court of King’s Bench. This case concerns questions of bias and, more importantly, the attempt by Sir Edward Coke CJ to establish a common law power to overturn Acts of Parliament. The case predates the constitutional settlement which followed the Glorious Revolution of 1688, but echoes of the principles discussed in this case can also be found in modern case law. The document also includes supporting commentary from author Thomas Webb.

Six Dimensions of Public Law

2020 ◽  
pp. 399-430
Author(s):  
Paul Craig
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Case Law ◽  
Public Law ◽  
The European Union ◽  
The Public ◽  
The United Kingdom ◽  
Six Dimensions ◽  
The Impact ◽  
The Way

This chapter draws on the six dimensions of public law covered in the book: theory, institutions and accountability, constitutions and rights, process and procedure, legislation, and case law. It links discussion of these dimensions, by considering how they have been affected by Brexit. The chapter is not concerned with the contending arguments for leaving or remaining in the European Union. The focus is on the way in which Brexit has ‘pressure-tested’ the public law regime in the United Kingdom and the European Union. The six dimensions of public law that are discussed in the preceding chapters form the architectural frame through which the impact of Brexit on the public law regimes is assessed in both the United Kingdom and the European Union.

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