News News

  • Opposing return of children to jurisdiction

    The Court of Appeal recently ruled in an appeal in which two members of chambers appeared. Marianna Hildyard QC and Kieran Pugh represented the mother and successfully appealed against the decision of a Section 9 Judge who had ordered the return of a child lawfully removed from the jurisdiction. 

    See Re: S (A Child) [2010] EWCA 465

     

     

  • Advocacy In Childcare Public Law Proceedings 2010

    Jacqui Gilliatt & a team from 4 Brick Court will be presenting this 1 day seminar for Jordans on Tuesday 30th March 2010 at a Central London venue.  For more information & booking information see the Jordans website entry.

  • Bracewell Memorial Essay Competition

    Ella Shaw was the runner up in the 2009 Bracewell Memorial Essay Competition. Read her award winning entry here.

  • Podcasts

    Podcasts online with Jacqui Gilliatt & Ella Shaw.

     

     Jacqui Gilliatt has recently done a podcast with John Bolch of Family Lore & Family Lore Focus.  Click to link to Jacqui Gilliatt's podcast.

     

    Jacqui's pupil, Ella Shaw, has also been podcasting with blawger CharonQC and her podcast is here

     

    In case you missed it Jacqui was also interviewed in November by Natasha Phillips of the Divorce Manual blog.

  • Standard of Proof in Care Proceedings

    The House of Lords ruled on 11th June 2008 in an appeal in which three members of  4 Brick Court Chambers appeared before their Lordships on 19th and 20th May 2008. Marianna Hildyard QC and Isabelle Watson represented the Respondent father and Stuart Fuller (led by Stephen Cobb QC of 1 Garden Court Chambers) represented the Appellant children (through their Children’s Guardian). CAFCASS intervened.

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Articles listing » Family General » Jargon Buster T-W


Jargon Buster T-W

Team manager

Responsible for managing and supervising social workers included in his or her team.

Threshold

The level of harm that the court must find has been reached before a judge can make a care or supervision order.

Threshold Criteria

The threshold criteria must be satisfied before a Local Authority can make an application in care proceedings. The criteria are as follows

  • The child concerned is suffering or likely to suffer significant harm.
  •  That the harm or likely harm is likely to be attributable to the care given falling below a reasonable standard or that the child is beyond parental control.

Undertaking

An undertaking creates an obligation by way of a promise that can be agreed without a power of arrest. It is advantageous as if agreed it prevents the necessity of the court making an order or finding of fact and the party giving it does not have to admit to any previous wrongdoing. However, in domestic violence cases the court cannot accept an undertaking if there has been actual violence or if an order is necessary to protect the Applicant or a child.

Unreasonable Behaviour

One of the grounds for divorce which is often used.  Sometimes it can be agreed and the tone of the petition is milder than when the circumstances around the relationship breakdown are not agreed. 

Voice

Voice work with and campaign for children and young people in public care. 

http://www.voiceyp.org/ngen_public/default.asp

Voluntary Accommodation

Under section 20 of the Children Act 1989 a local authority has a duty to provide accommodation to a child in need who requires it.  A local authority may provide accommodation under section 20 for any child if the persons with parental responsibility is willing for that accommodation to take place without the need for a court order.

Wardship

The ability of the High Court to put itself in the position of a parent and take responsibility for a child.  Wardship has been described as parental jurisdiction of the High Court.

Welfare Checklist

The welfare checklist is set out in s 1 of the Children Act 1989 and lists the headings that the court must consider before making any order with respect to a child.  The factors are:

  • The wishes and feelings of the child taking account of their age and understanding.
  • The child's physical, emotional and educational needs.
  • The likely effect on him of any change in circumstances.
  • The child's age, sex, background and any other characteristics of hers which the court considers relevant.
  • Any harm which the child is suffering or is at risk of suffering.
  • The capability of each parent, and any other person the court considers relevant is of meeting child's needs.
  • The range of powers of the court under this Act in the proceedings in question.

Welfare Principle

Section 1 (1) of the Children Act 1989 states that when a court determines a question in relation to a child's upbringing, administration of a child's property or the application of any money arising from it, a child's welfare shall be the court's paramount consideration.

White

This case was decided by the House of Lords in November 2000 and it was a landmark case which changed the law concerning ancillary relief.  The case said that there should be equality especially where assets exceeded needs and there should be no gender discrimination.  It is now difficult to show that the breadwinner made a larger contribution than a wife who stayed at home to raise children.

Full judgment here:

http://www.familylawweek.co.uk/library.asp?i=681

Without Prejudice

An offer made without prejudice is one that is prevented from ever being shown to the court.  It is an attempt to settle the case outside of the courtroom and to save costs. 

Working together

The Department of Health, the Department for Education and Skills and the Home Office first produced a guidance document in 1999 entitled Working Together to Safeguard Children. This document was aimed to encourage professionals and agencies to work together to safeguard children from abuse.  The document has been substantially revised in 2006.  Further information and a complete copy of Working Together can be found on the Every Child Matters website here http://www.everychildmatters.gov.uk/workingtogether/