Care Proceedings and Special Guardianship order
o Cases can run up to 2/3 years which could be to do with expert
evidence, ither times it may be a complex case involving a number
of different parties, thus finding space in a court diary for a multiple
day hearing may be difficult.
o Procedural guidance told all of these professionals involved in the
proceedings the timetable they needed to adhere to. – public law
outline.
, o A care order can and would be intended to last until the child
reaches adulthood.
s.31- where a local authority needs to make an order.
o A legal test is always something you have to explain to parents if
their children are potentially being removed from their care.
o Burden of proof is on the local authority; the parents just have to
say why they don’t think that’s the case.
o What is the standard of proof? Disputes have occurred over the
years, the balance of probabilities.
o Cases can run up to 2/3 years which could be to do with expert
evidence, ither times it may be a complex case involving a number
of different parties, thus finding space in a court diary for a multiple
day hearing may be difficult.
o Procedural guidance told all of these professionals involved in the
proceedings the timetable they needed to adhere to. – public law
outline.
, o A care order can and would be intended to last until the child
reaches adulthood.
s.31- where a local authority needs to make an order.
o A legal test is always something you have to explain to parents if
their children are potentially being removed from their care.
o Burden of proof is on the local authority; the parents just have to
say why they don’t think that’s the case.
o What is the standard of proof? Disputes have occurred over the
years, the balance of probabilities.
