Childcare Litigation Unit Children Act Proceedings

Parental Responsibility Section 4 Children Act 1989 Mother will always have parental responsibility A father will have parental responsibility if:- He is married to the mother at the time of the child’s birth; He is married to the mother at the time of the child’s birth; Mother and father enter into a parental responsibility agreement Mother and father enter into a parental responsibility agreement Father obtains a Parental Responsibility Order through the courts. Father obtains a Parental Responsibility Order through the courts. AND ….

Parental Responsibility Cont’d Since December 2003 an unmarried father will obtain parental responsibility if he was present when the child’s birth was registered. Since December 2003 an unmarried father will obtain parental responsibility if he was present when the child’s birth was registered. N.B. This is not retrospective but parents can re-register a child’s birth in order to obtain parental responsibility.

PR – EDUCATION Under the Education Act a parent without PR is still entitled to documentation and to be involved in major educational decisions. For example be invited to attend parents evenings.

ORDERS - What do they do? Public Law Care Order Care Order Emergency Protection Order Emergency Protection Order Section 34(4) Order Section 34(4) Order Supervision Order Supervision Order Placement Order Placement Order Adoption Order Adoption Order

ORDERS - What do they do? Private Law Residence Order Residence Order Contact Order Contact Order Prohibited Steps Order Prohibited Steps Order Specific Issue Order Specific Issue Order

THRESHOLD CRITERIA Section 31 of The Children Act 1989 Section 31 of The Children Act 1989 Two grounds for making a Care or Supervision Order Two grounds for making a Care or Supervision Order Child concerned is suffering or is likely to suffer significant harm which is attributable to 1. The care given to the child or likely to be given to the child if the order were not made, not being what it would be reasonable to expect a parent to give him; or 2. The child is beyond parental control.

Magistrates Court

OVERVIEW OF CARE PROCEEDINGS Phone the Help Desk and arrange a LPM Phone the Help Desk and arrange a LPM Issue Care Proceedings (Day 1) Issue Care Proceedings (Day 1) Appointment of Children’s Guardian Appointment of Children’s Guardian The First Hearing in the FPC (Day 6) The First Hearing in the FPC (Day 6) Allocation Hearing Allocation Hearing

OVERVIEW (Continued) Advocates Meeting Advocates Meeting Case Management Conference Case Management Conference Causation Hearing Causation Hearing Filing of evidence Filing of evidence Pre-Hearing Review Pre-Hearing Review Final Hearing Final Hearing

ROLE OF EXPERTS Identify the issues Identify the issues Provide an opinion Provide an opinion Attend court to give evidence Attend court to give evidence

Witness Statements Attached guidance. Attached guidance.

Attending Court The night before: Read over your statement Read over your statement On the day: What do I wear to court? What do I wear to court? Smart dress e.g. suit or shirt & tie. No jeans or trainers! Smart dress e.g. suit or shirt & tie. No jeans or trainers!

Attending Court How do I know where to go? How do I know where to go? Speak to CLU to obtain directions or a map. Speak to CLU to obtain directions or a map. Arrive at Court early in order to have time to park the car. Arrive at Court early in order to have time to park the car. On arrival report to the usher at the Reception. On arrival report to the usher at the Reception. Know what the usher looks like. Know what the usher looks like. Be able to give details of the name of your case and case number. Be able to give details of the name of your case and case number. Tell the usher where you will be, so that they will know where to find you when the case is called. Tell the usher where you will be, so that they will know where to find you when the case is called. Find a seat in the waiting area until you are called Find a seat in the waiting area until you are called

Attending Court Giving Evidence If the matter is contested, at the appropriate time you will be called to the witness box to take the oath/affirmation, and the HCC Lawyer will commence ‘Examination-in-chief’. If the matter is contested, at the appropriate time you will be called to the witness box to take the oath/affirmation, and the HCC Lawyer will commence ‘Examination-in-chief’. After Examination-in-chief, cross-examination is by the lawyer for parents and the Children’s Guardian. After Examination-in-chief, cross-examination is by the lawyer for parents and the Children’s Guardian. HCC lawyer will have the opportunity of re- examination in relation to any questions arising out of cross-examination. HCC lawyer will have the opportunity of re- examination in relation to any questions arising out of cross-examination. Once you have given evidence, if you need to be elsewhere & leave the court you can ask your lawyer if you can be released. Once you have given evidence, if you need to be elsewhere & leave the court you can ask your lawyer if you can be released. The time you may be giving evidence for could be minutes or hours, and there should be an opportunity for a break e.g. lunchtime 1-2pm, but if you are still in the middle of giving evidence, you are not allowed to discuss the case with anyone. You should therefore make sure you remain apart from everyone involved in the case during that time. The time you may be giving evidence for could be minutes or hours, and there should be an opportunity for a break e.g. lunchtime 1-2pm, but if you are still in the middle of giving evidence, you are not allowed to discuss the case with anyone. You should therefore make sure you remain apart from everyone involved in the case during that time.

DEALING WITH DIFFICULT PEOPLE Section 548 Education Act deals with trespassers or persons causing a nuisance.

DEALING WITH DIFFICULT PEOPLE Schools are private premises Schools are private premises Warning Letter Warning Letter Follow up letter re ban from premises Follow up letter re ban from premises Representation to Governors Representation to Governors Ban without warning Ban without warning

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