Publication - Publication

Children looked after by local authorities: legal framework

Published: 14 Sep 2006
Directorate:
Children and Families Directorate
Part of:
Children and families, Education
ISBN:
1905501110

This report describes key aspects of the law as it applies throughout a child's journey through public care and supervision.

132 page PDF

365.6 kB

132 page PDF

365.6 kB

Contents
Children looked after by local authorities: legal framework
Footnotes for Rights to appeal

132 page PDF

365.6 kB

Footnotes for Rights to appeal

1 C(S)A 1995, s51

2 Melon v Hector Powe Ltd 1980 SC 188, per Lord Emslie at 198

3 C(S)A 1995, s60(7)(b) or (c) and s60(8)

4 The Honourable Mr Justice Munby 'Making Sure the Child Is Heard Part 2- Representation' June [2004] Family Law 427

5 ECHR, Article 6

6 C(S)A 1995, s92

7 Legal Aid (Scotland) Act 1986, Part II: Advice and Assistance

8 LA(S)A 1986, s8

9 The Advice and Assistance (Financial Limit) (Scotland) Regulations 1993, SI No. 1993/3187 (S.309), Regulation 4(b)

10 Scottish Legal Aid Board Annual Report 2003-2004, p 17

11 Scottish Legal Aid Board Annual Report 2003-2004, p 17

12 Deciding in Children's Interests Social Work Research Findings No 25, The Scottish Office, 1998

13 S v Miller 30th March 2001 Lord President's opinion, paragraph 37

14 children's hearing (Scotland) Rules 1996, rule 11

15 ibid, paragraph 40

16 The children's hearings (Legal Representation) (Scotland) Rules 2002 (SSI 2002, No 63)

17 The Scottish Executive (2005) Getting it right for every child, proposal 19

18 Piper, C (2000) 'Assumptions about Children's Best Interests' in Journal of Social Welfare and Family Law 22(3) pp 261-276

19 Alison Cleland 'The Child's Right to be Heard and Represented in Legal Proceedings' 188 - quoting unpublished research by Fiona Keen