Podcast Location:
Download it here [file size: 36 MB]
Part of:
Assessment & Decision Making in Children Cases CPD Training Bundle
Family Law
CPD Points:
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed at practitioners interested in the Local Authority decision making process in children cases specifically focusing on the role of assessments and the lessons learned from the tragic cases of Victoria Climbie and ‘Baby P’.

In order to examine the assessment process the podcast considers "children in need" under section 17 Children Act 1989, the Framework Guidance, the initial and core assessment stage, the importance of proper plans and the role of the Administrative Court.

After completing the course you will:
  • Be familiar with the legal obligations of a Local Authority regarding provision of care and services to "children in need";
  • Understand who will be classed as a “child in need” for the purposes of the Children Act 1989;
  • Appreciate what the Framework Guidance prescribes regarding how the assessment ought to be carried out;
  • Know which factors of a child's life will be being assessed;
  • Be aware of the principles underpinning the assessment framework;
  • Appreciate what the initial and core assessment stages will involve;
  • Be familiar with the general duties on LA Children’s Services departments that arose as a result of the Children Act 2004 and the statutory guidance that followed in March 2007;
  • Be aware of the outcome of the report following the death of ‘Baby P’;
  • Appreciate the importance of a proper assessment process and the consequences of a poor assessment;
  • Understand the next steps following conclusion of an assessment;
  • Understand what role the courts will play in the event that an assessment is not carried out properly;
  • Identify the common problems with assessments that are subsequently challenged.
Specialist Difficulty: 5 of 5
Case Update
Legal Principles
Practical Guide
Sources and References:
  • ‘Statutory Guidance on Making Arrangements to Safeguard and Promote the Welfare of Children under Section 11 of the Children Act 2004’ (March 2007);
  • ‘Working Together to Safeguard Children’ (2006);
  • Birmingham City Council v AG and A [2010] 2 FLR 580;
  • Children Act 1989;
  • Children Act 2004;
  • 'Framework for the Assessment of Children in Need and Their Families' (March 2000);
  • R (B) v Barnet London Borough Council [2009] EWHC 2842 (Admin);
  • R (EW and BW) v Nottinghamshire County Council [2009] 2 FLR 974;
  • R (G) v Barnet LBC [2004] 2 AC 208;
  • R (on the Application of MS) v Oldham Metropolitan Borough Council [2010] EWHC 802 (Admin);
  • R on the application of AB and SB v Nottingham CC [2001] EWHC Admin 235, 4 CCLR 295;
  • R on the Application of G v Nottingham City Council [2008] EWHC 400 (Admin) 11 CCLR 280;
  • R v Caerphilly County Borough Council [2005] 2 FLR 860;
  • R(S) v Hampshire County Council [2009] EWHC 2537 (Admin);
  • Re S and W (Care Proceedings) [2007] 2 FLR 275.

In this podcast Leslie Samuels QC of 3 Pump Court Chambers discusses Local Authority decisions in children cases specifically focusing on the role of assessments.

Podcast added: 06/09/11

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