Podcast Location:
Download it here [file size: 25.6 MB]
Categories:
Family Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at family law practitioners interested in the law relating to section 38(6) assessments in care proceedings. This is an area in which the stakes are high for all parties involved, so a full understanding of how the courts have interpreted section 38(6) and the current scope of the provision is essential. Further it will consider whether the current position is compliant with Article 6 of the ECHR?

Outcomes:
After completing the course you will:
  • Have considered how section 38(6) was first interpreted in the case of Re C [1997] 1 FLR 1;
  • Understand the limitations placed on section 38(6) in the case of Re G [2006] 1 FLR 601;
  • Appreciate how the Article 6 argument was first articulated in Re L and H [2007] 1 FLR 1370;
  • Understand how Re L and H was interpreted in the subsequent practice direction and how this was followed in the case of Re S [2011] EWCA Civ 812 and Re M [2011] EWCA 1161;
  • Be aware of the current position regarding section 38(6) assessments and whether this is compliant with Article 6 and Article 8 of the ECHR.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Panel Discussion
Sources and References:
Tags:

In this podcast Richard Alomo and Byron James from 14 Gray’s Inn Square discuss assessments in Public Law Children Act proceedings and chart the three evolutionary stages in the life of the interpretation of section 38(6) Children Act 1989.

Date added: 25/11/11

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