Children’s Social Care Law is a comprehensive guide for those
advising children with care and support needs through a complex web
of legislation, guidance and case-law. The author expertly brings
together key issues in education, health and social care law in
England and Wales and covers in detail all the significant domestic
and European cases that form the basis of children’s social care
law and cases in overlapping areas such as the NHS, mental health
and support for asylum-seekers and persons from abroad.
Children’s Social Care Law also deals with wider issues that
touch upon the welfare of children. Each chapter begins with an
overview of the legal framework of legislation and guidance to
provide context to the cases that are digested chronologically
within themes. Case summaries are presented with a succinct
headnote, a clear outline of facts and a summary of the judgment
– often with extensive citations – to aid the busy practitioner
to quickly and efficiently identify the most relevant cases as well
as save valuable research time with extensive signposting to the
most important resources. This invaluable new resource will be
essential reading for lawyers, advisers, carers, health and social
care professionals, local authorities and regulators. Children’s
Social Care Law is a companion volume to Adult Social Care Law.
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Review This Product
My review
Thu, 1 Nov 2018 | Review
by: Phillip T.
NAVIGATING THE CHOPPY WATERS OF CHILDREN’S SOCIAL CARE LAW:
AN AUTHORITATIVE NEW GUIDE FOR LAWYERS AND LAY READERS ALIKE
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers
and Reviews Editor, “The Barrister”
From newly minted graduates to seasoned family lawyers, there’s many a practitioner out there who, experienced or not, has struggled to cope with the complexities of children’s social care law. Help is at hand however, in the shape and form of this brand-new and authoritative text recently published by the Legal Action Group.
True to their traditional remit, the LAG has produced a helpful and informative guide to this ever changing, ever expanding area of law. Bulky though it is at over 1,000 pages, the book is accessible, logically structured, straightforward to navigate and easy to use. It commences with a thorough and clearly argued exposition of the core principle conspicuously close to the heart of author Stephen Knafler QC. This specifically is ‘the duty to treat the best interests of the child as a primary consideration’.
We are reminded that this principle is found ‘at Article 3 of the UNCRC’, which as the author points out, ‘illuminates and demonstrates all further states’ as set out in, for example, the WHO Convention, the ECHR and UK legislation and case law. How surprising then, he argues, that it is not enshrined in UK primary legislation. He therefore calls for an overhaul of children’s social care law in England as has been done in Wales.
However, ‘after all these years,’ he complains ‘and without any more pussy-footing about, the fundamental duty at Article 3 (should be enacted) that requires all public bodies and private persons, all courts and all administrative bodies to treat the best interests of the child as a primary consideration.’ ‘That does not seem too much to ask,’ he adds, ‘but we are still waiting.’
In the meantime, lawyers, social workers and other professionals dealing with child welfare and social care can enlist the strenuous and detailed advocacy offered in this book as an ally in support of many an argument in court.
Supported by a team of experts -- including those who have written individual chapters -- the author covers in detail all the issues pertaining directly to children’s social care law and related services, from NHS service provision and disability to remedies, including human rights, judicial review and of course, much more.
For clarity and ease of use, almost every chapter begins with an overview or introduction and ends with a detailed explication of relevant cases, including an outline of the facts and a summary of the judgment. This is yet another feature of this guide that makes it as accessible to the lay readers as well as lawyers, who will certainly appreciate the wealth of helpful references, including extensive tables of cases, statutes and statutory instruments, plus tables of EU and international legislation and a necessarily lengthy table of abbreviations.
Looking to the future, it is not difficult to predict that social care will become increasingly relevant to -- and available to --much wider segments of the population, from children to the elderly; all the more reason why practitioners in particular should regard this important new book as an essential purchase.
Note that ‘Children’s Social Care Law’ is a companion volume to ‘Adult Social Care Law’, also published by the LAG.
The publication date is cited as at 9th April 2018.
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