s. 31

See care order / supervision order.

This can be viewed via this link.

s. 38(6)

The section in the CA 1989 that refers to the courts power to order a residential or non residential assessment of a person's ability to care for their child.

s. 91(14)

On disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order under this Act of any specified kind maybe made with respect to the child concerned by any person named in the order without leave of the court.  These orders are very rarely made but are designed to stop people from making constant unnecessary or damaging and upsetting applications to the court without proper justification.

This can be viewed via this link.

S.34(4)

An application made by the authority or the child asking the court to make an order authorising the authority to refuse to allow contact between the child and any person who is either

1. his parent;
2. any guardian of his;
3. where there was a residence order in force with respect to the child immediately before the care order was made, the person in whose favour the order was made; and
4. where, immediately before the care order was made, a person had care of the child by virtue of an order made in the exercise of the High Court's inherent jurisdiction with respect to children, that person and named in the order.

This can be viewed via this link.

Sale of Property Order

In ancillary relief proceedings where the court makes an order for a secured periodical payments order or property adjustment order it may make a further order for the sale of such property to be specified in the order.

Schedule 1 Offender

Any person convicted of an offence listed in schedule 1 children and young persons Act 1933, these include a range of offences some of which are violent and most of which are sexual offences and offences against children.  Now, should be a called a person who is a risk to children which includes people who have been convicted of a number of offences which are not listed in schedule 1.  For a list of the offences which should alert child protection professionals that someone may be a risk to children see: Every Child Matters

Schedule of Proposed Findings

A schedule prepared by the local authority which sets out findings of fact about how the threshold criteria are met for the court to make a care or a supervision order.

Section 8

A Section 8 Order is either

• a contact order
• prohibited steps order
• a residence order
• specific issue order

and any order varying or discharging an above order.

See this link for more detail.

Section 37 Report

This report can be ordered by the court in any family proceedings where it appears that it may be appropriate for a care or supervision order to be made in respect of a child.  The report will contain the local authority's decision as to whether care proceedings are appropriate and/or what services can be provided to the family.

See this link for more detail.

Secure Accommodation

Accommodation provided for the purpose of restricting the liberty of children.  A child can only be placed in secure accommodation if the court has made a secure accommodation order under s 25 of the Children Act 1989.  A secure accommodation order can only be made for up to 6 months at a time.

Secure Periodical Payments Order

In ancillary relief proceedings an order that either party shall secure to the other to the satisfaction of the court periodical payments as ordered by the court.

Separation Agreement

A separation agreement is a written agreement between a couple who intend to stop living together. It sets out how they wish to sort out financial arrangements, property and arrangements for the children.  Separation Agreements are voluntary agreements and they can formalised by the court into a Deed of Separation.  Generally they are contractually binding, but they can be over-ridden by a court at the time of a divorce or judicial separation where there has been a change in circumstances

Service

The process by which the court sends documents to any relevant person.  Some procedures have special requirements that a document or order must be personally delivered.

SFLA

Solicitors Family Law Association now called Resolution.

Shaken baby

Baby that has been shaken usually by a carer out of frustration.

http://en.wikipedia.org/wiki/Baby-shaking

The National (US) Centre on Shaken Baby Syndrome

http://www.dontshake.com/

SIDS

See: Sudden Infant death Syndrome

Significant Harm

Significant harm is an important term in care proceedings.   Harm is defined by s 31(2) Children Act 1989 as "ill-treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill-treatment of another."  It is a matter for the court to decide on the balance of probabilities (i.e. whether it is more likely or not) that there is significant harm in a particular case.  Where the harm concerns the health of the child the court will compare the child's health or development to what could be reasonably expected of a similar child (S 31(10) CA 1989).

SIDS

Sudden Infant Death Syndrome

SIO

See: Specific Issue Order

SO

See: Supervision Order

Skeleton

A basic document outlining in brief the arguments and law.

Solicitors Family Law Association

See Resolution.

Special Guardians

The Adoption and Children Act 2002 brought in the role of Special Guardians to provide children with a permanent home whilst enabling them to retain the legal link to their birth family.  A Special Guardianship Order appoints one or more persons to be a child's Special Guardian.  Special Guardians have parental responsibility and can make the day to day decisions in a child's life with the parents remaining the child's legal parents with limited parental responsibility.  The government hopes that this will be especially utilized in the cases of older children who wish to retain links to their family and to those children where religious or cultural beliefs prevent local communities from considering adoption because of the legal removal of the rights of the parents. 

See the article : What is a Special Guardian? on askthefamilylawyer

http://www.askthefamilylawyer.co.uk/?page_id=33

A useful government leaflet can be downloaded in PDF format from http://www.direct.gov.uk/en/Parents/AdoptionAndFostering/DG_4019657

Special Educational Needs

The Government's Department for Children, Schools & Families defines children with special educational needs (SEN) as having 'learning difficulties or disabilities which make it harder for them to learn or access education than most other children of the same age.'

Children who are working at a level significantly below other children of the same age will be identified as having SEN. These children are entitled to extra support to help them access the same curriculum and opportunities as other children their age.

See: http://www.ipsea.org.uk/ - The Independent Panel for Special Education Advice

and advice on this website.

Specific Issue Order

Under section 8 of the Children Act 1989,  an order dealing with a specific aspect of a child's upbringing such as where the child should go to school, what religion they should follow, by what surname they should be known, whether the child should have medical treatment, an order saying that the child should be returned to the care of one of the parents.

Specific Learning Disorder

A disorder that affects a person's ability to learn for example dyslexia.

Split Hearing

In care cases sometimes the court will deal in one hearing with both the threshold stage (ie do the facts show that the child has suffered or is likely to suffer significant harm) & the welfare stage (what should happen about the care of the child in light of the facts found).  However, sometimes it is necessary to deal with the two stages separately in a split hearing so that the family can be assessed after the court has made a decision about what happened.  This is quite common in cases where the child has suffered serious injury.  The court first hears the evidence about what happened to the child and decides whether the injury was caused deliberately, or through carelessness, or was accidental or had a medical explanation and who was responsible if the injury was deliberate.  The court will then ask the local authority to consider  whether in light of its findings the child should be cared for by the parents or other family members or outside the family, which it will then decide at the disposal / outcome / welfare stage of the hearing.

SSD

Social Services Department

Stateless

Of no status anywhere, no country of origin.

Statement of Arrangements

This is a form which is sent to the court with a divorce petition if there are children involved.  It sets out the arrangements proposed for those children when the divorce takes place.

For more information follow this link.

Statement of Information

This is a form which sets out the parties financial circumstances and is provided to the court when there is an application for a consent order.

For more information follow this link.

Statutory Charge

The Legal Services Commission has the right to recover (with some exceptions) the costs incurred under a legal aid certificate from what has been in issue in the proceedings.  This is generally not relevant in cases about children but applies where there is a divorce and the parties get an order from the court dividing up their assets.

LSC booklet (pdf)

Staying Contact

Overnight contact.

Strategy Discussions

Inter agency discussions to decide whether to begin enquiries under section 47 of the Children Act 1989 where the local authority has evidence of or suspects that a child is likely to suffer significant harm.  A record of strategy discussions will be kept.

Stipe

Stipendiary Magistrate - now called District Judges.

Sudden Infant Death Syndrome

‘SIDS' is the term used where small children die in circumstances where there is no real explanation. This can sometimes lead to suspicion of mistreatment by their carers.

 The Foundation for the Study of Infant Deaths (FSID) website http://www.fsid.org.uk/

The Royal College of Pathologists' 2004 paper on SIDS can be found at: http://www.rcpath.org/index.asp?PageID=455

Supervision Order

A supervision order places a child under the supervision of local authority or a probation officer. This local authority does not acquire parental responsibility. The supervisor's main duties are to advise assist and befriend the supervised child and to take such steps that are reasonably necessary to give effect to the order. A supervision order lasts for 1 year initially but can be extended for up to 3 years. It can be varied or discharged under s39 of the Children's Act.

SW

Social Worker