By Lynn Davis
"The Social laborers advisor to childrens and households legislation" is an available, jargon-free advisor to the most important components of the legislations that quandary training social staff in youngsters and households groups in England and Wales. This source for daily perform comprises reasons of the basic strategies of parental accountability and human rights, and the unique provisions of non-public and public legislation, together with adoption. The felony concerns raised through extraordinary households (such as these in homosexual relationships, of combined background or with childrens or mom and dad with disabilities) also are coated during the textual content. It contains bullet lists, checklists and charts for fast and straightforward reference, in addition to highlighted issues for perform and illustrative case situations to place the legislations into context. This advisor could be a useful source for training social staff, in addition to trainees, scholars and people learning for post-qualifying awards.
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Extra info for The Social Worker's Guide to Children and Families Law
ORPHANS If a child is orphaned, the position depends on whether any advance provision has been made. 27 The s1 CA89 principles apply to the application and the court’s order gives the guardian PR for the child. If no one is appointed as guardian for an orphan, the local authority must accommodate and maintain him,28 but it does not acquire PR: local authorities can only acquire PR through a care order and simply having no one with PR does not of itself give grounds for a care order. Some children therefore have no one at all with PR for them, a small but important gap in the law.
5. Don’t be defensive: use human rights creatively and positively. Gaskin v. UK  1FLR 167 ECtHR. Chapter 2 Key Points in Children and Families Law Sources of law Finding the law is not a simple matter. There is no single point of reference: our law is a tapestry of primary legislation (statutes, or Acts of Parliament), secondary legislation (statutory instruments or regulations) and case law, together with guidance on how to apply it. Statutes Primary legislation is our starting point. Statutes, such as the Children Act 1989 (CA89), are passed by Parliament, receive Royal Assent and then come into force in due course.
Points for practice 1. Always be aware of the legal context of your actions, powers and duties. Regularly reﬂect on the statutory basis for your actions and remind yourself of the applicable legal principles. 2. Have a copy of s1 CA89 to hand to ensure you are considering relevant factors. 3. Use the law creatively. Embrace it as a tool of your trade, not something to be wary of or intimidated by. Having a command of legal principles and available options can help you to analyse cases clearly. Chapter 3 Parental Responsibility and Children’s Autonomy Parental responsibility Parental responsibility (PR) is a key concept underlying children and families law.
The Social Worker's Guide to Children and Families Law by Lynn Davis