Harcourt Chambers

This Practice Note provides local authorities with best practice guidance on accommodating children pursuant to a voluntary agreement under section 20 of the Children Act 1989 (ChA 1989). It covers the requirements of the section 20 arrangement and the need to avoid drift and delay in making decisions about the child’s long-term care. It also discusses whether claims for damages under the Human Rights Act 1998 on the basis of a breach of article 8 of the European Convention on Human Rights are sustainable.

This Practice Note provides guidance on local authority designation for the purposes of section 31 of the Children Act 1989 (ChA 1989). It covers the different statutory tests for designation under care or supervisory orders and the ‘stop the clock’ provisions contained in ChA 1989, ss 22 and 105(6).

This Practice Note explains the ‘staying put’ arrangements contained in section 23CZA of the Children Act 1989. It covers the purpose of the arrangement, eligibility criteria, how the arrangements should be formalised, what the local authority duties are and the what the implications of continuation of care are for the foster carer.

This Q&A considers whether a 16-year-old who has been provided with accommodation under ChA 1989, s 20 can be removed by those with parental responsibility or leave themselves where consent to provision has not been given.

This Q&A outlines the process for applying for an adjournment in the case of a non-molestation order.

This Q&A considers whether an order made in the US would be enforceable in this jurisdiction if the child's habitual residence has not changed from the US to the UK.

This Q&A considers the ability of a court to prevent a solicitor sharing information within their knowledge to a lay client if requested to do so.

This Q&A considers whether a penal notice needs to be included in an order if the order includes undertakings or whether it is needed irrespective of the undertakings.

This Q&A consider the court process and the court application that is to be made on behalf of the child who is represented separately in care proceedings and is competent to give instructions.

This Q&A looks at whether a husband has parental responsibility for a child conceived during the course of the marriage but who he is not the biological father of.

This Q&A considers whether a respondent who has given an undertaking in non-molestation proceedings can apply to be released from the undertaking and what the procedure is for such an application.

This Q&A considers child arrangement orders and cases dealing with the return of a child pending investigation into the retaining parent’s case.

This Q&A considers child maintenance in a divorce where the parties have agreed to a clean break.