Module Descriptors
PUBLIC CHILD LAW
LAWS71151
Key Facts
Faculty of Business, Education and Law
Level 7
1 credits
Contact
Leader: Nicola Cole
Email: N.M.Cole@staffs.ac.uk
Hours of Study
Scheduled Learning and Teaching Activities: 30
Independent Study Hours: 120
Total Learning Hours: 150
Assessment
- EXAMINATION - UNSEEN IN EXAMINATION CONDITIONS weighted at 100%
Module Details
Module Additional Assessment Details
Assessed in one 3 hour (unseen) written examination which will assess learning outcomes 1-6.
Additional Assessment Details (including formative feedback / assessment:
There will be a revision workshop in the final week which will look at exam technique and specimen questions.
Additional Assessment Details (including formative feedback / assessment:
There will be a revision workshop in the final week which will look at exam technique and specimen questions.
Module Resources
Lexis PSL Family online resource
Blackboard
Lecture and Workshop materials.
Blackboard
Lecture and Workshop materials.
Module Texts
Sendall, J. (2011) Family Law Handbook; Oxford University Press.
Public Law Children Protocol (1st Edition) Law Society
Public Law Children Protocol (1st Edition) Law Society
Module Learning Strategies
You will attend 9 one hour lectures which will give generic information on the subject which will be further refined in 9 two hour workshops. In the workshops you will be given transactional material to consider based upon a case study and expected to advise on the case studies.
Some independent work will be required to ensure that you are fully prepared for every lecture and workshop and have thoroughly researched the way in which public child law works within the court system.
Some independent work will be required to ensure that you are fully prepared for every lecture and workshop and have thoroughly researched the way in which public child law works within the court system.
Module Indicative Content
Element 1: Children in Need
1. Draft a letter before proceedings and protocol forms. Take sufficient instructions and provide basic advice to a client whose child is identified as being a 'child in need'.
2. Provide practical advice to a client concerning the powers and duties incumbent upon a Local Authority.
3. Explain the role of a solicitor at a child protection conference.
4. Draft a memorandum of advice to a social worker regarding a case example.
Element 2: Parental Responsibility and levels of intervention
1. Identify the client's goals and advise the client about the achievability of those goals and differing courses of action available to resolve the matters, demonstrating awareness of alternative action which may be undertaken by the client.
2. Identify and explain the significance of parental responsibility and how this may affect the courses of action open to a local authority and parents.
3. Explain when the police should intervene to protect a child.
4. Explain the nature of the orders available, such as Emergency Protection Orders, Care and Supervision Orders and Secure Accommodation Orders.
5. Understand the law relating to child protection, contained in both statute and up to date case law, and apply it to complex scenarios to provide practical advice on the range of likely outcomes
Element 3: Full and Interim Care Orders, the Threshold Criteria and Standards of Proof.
1. Understand the different levels of orders and differing thresholds
2. Evaluate the evidence available to the court and whether the relevant threshold has been met and advise the client accordingly.
3. Explain the standard of proof and how this may be satisfied with examples from case law.
4. Draft basic directions to progress your client's case at court
Element 4: Key Professionals
1. Identify the different roles and duties of the social worker, guardian, and solicitor for the child and parents within care proceedings.
2. Explain the court's jurisdiction to deal with applications and who may apply for orders
3. Identify what action should be taken following a social work statement from the perspective of each of the professionals.
Element 5: Care planning and contact with children in care
1. Identify when the court and professional with consider twin track planning appropriate and be able to advise a client accordingly.
2. Explain the local authority's internal procedures and panels for twin track planning
3. Explain the range of duties and responsibilities incumbent upon a local authority in relation to contact with a child in care and advise a client upon appropriate applications
4. Evaluate a draft care plan and advise a client in relation to the content and tactical considerations
5. Explain the range of permanency options and drafting appropriate documentation.
Element 6: Experts in Care Proceedings
1. Identify when it is appropriate to instruct an expert and identifying the correct expert to instruct.
2. Identify and explain the key issues to be ascertained by the expert
3. Draft a letter of instruction to an expert in an appropriate format clarifying costs and timescales.
4. Identify the key recommendations and explain the content and conclusion of the expert report to a client
1. Draft a letter before proceedings and protocol forms. Take sufficient instructions and provide basic advice to a client whose child is identified as being a 'child in need'.
2. Provide practical advice to a client concerning the powers and duties incumbent upon a Local Authority.
3. Explain the role of a solicitor at a child protection conference.
4. Draft a memorandum of advice to a social worker regarding a case example.
Element 2: Parental Responsibility and levels of intervention
1. Identify the client's goals and advise the client about the achievability of those goals and differing courses of action available to resolve the matters, demonstrating awareness of alternative action which may be undertaken by the client.
2. Identify and explain the significance of parental responsibility and how this may affect the courses of action open to a local authority and parents.
3. Explain when the police should intervene to protect a child.
4. Explain the nature of the orders available, such as Emergency Protection Orders, Care and Supervision Orders and Secure Accommodation Orders.
5. Understand the law relating to child protection, contained in both statute and up to date case law, and apply it to complex scenarios to provide practical advice on the range of likely outcomes
Element 3: Full and Interim Care Orders, the Threshold Criteria and Standards of Proof.
1. Understand the different levels of orders and differing thresholds
2. Evaluate the evidence available to the court and whether the relevant threshold has been met and advise the client accordingly.
3. Explain the standard of proof and how this may be satisfied with examples from case law.
4. Draft basic directions to progress your client's case at court
Element 4: Key Professionals
1. Identify the different roles and duties of the social worker, guardian, and solicitor for the child and parents within care proceedings.
2. Explain the court's jurisdiction to deal with applications and who may apply for orders
3. Identify what action should be taken following a social work statement from the perspective of each of the professionals.
Element 5: Care planning and contact with children in care
1. Identify when the court and professional with consider twin track planning appropriate and be able to advise a client accordingly.
2. Explain the local authority's internal procedures and panels for twin track planning
3. Explain the range of duties and responsibilities incumbent upon a local authority in relation to contact with a child in care and advise a client upon appropriate applications
4. Evaluate a draft care plan and advise a client in relation to the content and tactical considerations
5. Explain the range of permanency options and drafting appropriate documentation.
Element 6: Experts in Care Proceedings
1. Identify when it is appropriate to instruct an expert and identifying the correct expert to instruct.
2. Identify and explain the key issues to be ascertained by the expert
3. Draft a letter of instruction to an expert in an appropriate format clarifying costs and timescales.
4. Identify the key recommendations and explain the content and conclusion of the expert report to a client