Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
View all articles
Authors

LOCAL AUTHORITY: EW and BW v Nottinghamshire County Council [2009] EWHC 915 (Admin)

Sep 29, 2018, 17:15 PM
Slug : ew-and-bw-v-nottinghamshire-county-council-2009-ewhc-915-admin
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 5, 2009, 04:22 AM
Article ID : 87657

(Queen's Bench Division (Administrative Court); Keith J; 5 March 2009)

The two children, aged 15 and 17, were children in need. The mother had mental problems, and had been abused by a series of violent partners. The children both had educational problems (the elder had specific learning difficulties; the younger had not attended school for over a year), and both had been known to self-harm. Core assessments were produced, and later the children were placed on the child protection register as being at risk of emotional harm. A wide range of services were offered to the family, and a social worker met the family no less than every four weeks, and often more frequently. However, the children sought judicial review, claiming that the core assessments failed properly to assess their needs or to identify how those needs should be met. In particular, the children criticised the assessments for failing to comply with the guidance given in 'Framework for the Assessment of Children in Need and their Families'. The authority did not acknowledge that the core assessments had been flawed, but conducted fresh assessments in any event. However, the children continued with their claim. An order was made giving directions for a hearing of the claim, including an order that the hearing be before a judge of the Family Division if possible. The parties did not inform the listing officer of that part of the order.

There was no doubt that the original core assessments left much to be desired; they gave the appearance of having been prepared either quickly or without much care, being little more than a narrative of information, and containing little, if any, analysis of the children's precise needs, or of how those needs were to be met. However, it was possible for any shortcomings in a core assessment to be neutralised by other action that properly identified the child's needs and how they were to be met. What was important was whether the outcome of the process included a proper analysis of the children's needs, and a clear identification of how those needs were to be met, including by whom and when. In this case the shortcomings of the original core assessments had been met by what had been done thereafter to identify and meet the children's needs. The experience of a judge from the Family Division would have been helpful, particularly in judging the quality of the new core assessments. However, judging them as best he could, the judge concluded that the local authority's second assessments satisfied the requirements of the Framework. The application for judicial review was refused.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from