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Training Bundle Overview 

This podcast bundle features a selection of podcasts on the topic of local authority decision making in children cases. It will consider the role of assessments and the legal obligations of a local authority regarding provisions of care and services to “children in need”, their responsibilities for housing teenagers and the assessment process in age dispute claims. This podcast bundle will help you to understand when and how such decisions can be challenged.

CPD Points:
This bundle can provide up to 5 points details »
Price:
£299 (includes unlimited access until the end of 2012!)
Suitable for:
  • In-House Legal Advisers
  • Local Government Lawyers & Professionals
  • Public Law & Human Rights Practitioners
Practice Area:
  • Immigration and Asylum Law
  • Children's Law
  • Governance & Service Provision
Contributors:

What is a CPDcast Bundle?

CPDcast training bundles contain a hand-picked selection of our CPDcasts that together will provide you with a discrete in-depth analysis of specific legal developments from scrutiny of the statutes and case law to practical application.

Contents 

Assessment & Decision Making in Children Cases contains the following CPDcasts:

  • with Azeem Sutterwalla from Doughty Street Chambers

    This two-part CPDcast series is aimed at those interested in how the correct age of young asylum seekers will be determined and when local authority decisions on these cases can be challenged.

    Part One will consider the issue of age assessment and its importance, it will then look at the legal position before and after the case of R (A) v Croydon before starting to look at who will be the relevant defendant for the purposes of a fact finding hearing.

    Part Two will look at the standard and burden of proof in age dispute cases, the role medical and documentary evidence has played in recent cases, a consideration of the courts approach since the decision in R (A) v Croydon, the approach of the UK Border Agency to these cases and why these cases are being transferred. It will then look at how to prepare an age dispute claim, giving guidance to practitioners on the practical steps to be taken.

    After completing this course you will:

    • Understand why a young person’s age might be in issue in Asylum cases;
    • Be aware of the impact an age dispute can have on a young person;
    • Understand the position prior to the case of R (A) v Croydon and how this case affected the approach to assessing age;
    • Be aware of the guidance issued to local authorities when assessing age;
    • Know how the decision of local authorities in these cases can be challenged;
    • Know who will be the relevant defendant for the purpose of a fact finding hearing.
  • with Azeem Sutterwalla from Doughty Street Chambers

    This two-part CPDcast series is aimed at those interested in how the correct age of young asylum seekers will be determined and when local authority decisions on these cases can be challenged.

    Part One will consider the issue of age assessment and its importance, it will then look at the legal position before and after the case of R (A) v Croydon before starting to look at who will be the relevant defendant for the purposes of a fact finding hearing.

    Part Two will look at the standard and burden of proof in age dispute cases, the role medical and documentary evidence has played in recent cases, a consideration of the courts approach since the decision in R (A) v Croydon, the approach of the UK Border Agency to these cases and why these cases are being transferred. It will then look at how to prepare an age dispute claim, giving guidance to practitioners on the practical steps to be taken.

    After completing this course you will:

    • Know what the standard and burden of proof is in age assessment cases;
    • Understand the relevance of medical and documentary evidence in these cases;
    • Be aware of some of the pertinent decisions in the context of individuals challenging decisions as to their age;
    • Know how the UK Border Agency will approach age disputes;
    • Understand the appropriate venue in which age dispute judicial reviews are now being heard;
    • Know how to best prepare an age dispute claim.
  • with Leslie Samuels QC from 3 Pump Court Chambers

    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 this 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.
  • with Leslie Samuels QC from 3 Pump Court Chambers

    This two part podcast series is aimed at practitioners interested in the obligations on Local Authorities to provide care for teenage children.

    Part One will consider Section 20 of the Children Act 1989, the extent to which Children’s Services are responsible for housing teenagers, how to identify a ‘looked after’ teenager, and how Local Authorities have sought to limit support for children and families under this provision.

    Part Two will continue to consider cases in which Local Authorities have managed to escape responsibility under section 20 before going on to consider cases in which the courts have taken a Local Authority’s actions as having being exercised pursuant to section 20 Children Act 1989. It will then look at recent legislative developments in this area before looking at Local Authority responsibilities towards older teenagers.

    After completing this course you will:

    • Be familiar with the relevant legal framework governing Local Authorities obligations relating to the care of teenage children;
    • Be able to identify the issues that tend to arise in judicial review proceedings on the topic;
    • Know whether a Local Authority can be compelled to provide s.20 Accommodation;
    • Be able to determine when s.20 has been triggered;
    • Know whether a Local Authority can sidestep its duties under s.20;
    • Know how the courts have approached Local Authorities that have attempted to escape the consequences of a section 20 placement;
    • Be aware of the recent legislative changes to the area and the questions that arise in the context of this new legislation;
    • Understand Local Authorities responsibilities for older children if they are still being looked after when they reach 16 or 17 years old.
  • with Leslie Samuels QC from 3 Pump Court Chambers

    This two part podcast series is aimed at practitioners interested in the obligations on Local Authorities to provide care for teenage children.

    Part One will consider Section 20 of the Children Act 1989, the extent to which Children’s Services are responsible for housing teenagers, how to identify a ‘looked after’ teenager, and how Local Authorities have sought to limit support for children and families under this provision.

    Part Two will continue to consider cases in which Local Authorities have managed to escape responsibility under section 20 before going on to consider cases in which the courts have taken a Local Authority’s actions as having being exercised pursuant to section 20 Children Act 1989. It will then look at recent legislative developments in this area before looking at Local Authority responsibilities towards older teenagers.

    After completing this course you will:

    • Be familiar with the relevant legal framework governing Local Authorities obligations relating to the care of teenage children;
    • Be able to identify the issues that tend to arise in judicial review proceedings on the topic;
    • Know whether a Local Authority can be compelled to provide s.20 Accommodation;
    • Be able to determine when s.20 has been triggered;
    • Know whether a Local Authority can sidestep its duties under s.20;
    • Know how the courts have approached Local Authorities that have attempted to escape the consequences of a section 20 placement;
    • Be aware of the recent legislative changes to the area and the questions that arise in the context of this new legislation;
    • Understand Local Authorities responsibilities for older children if they are still being looked after when they reach 16 or 17 years old.

Contributors 

Assessment & Decision Making in Children Cases features the following legal experts:

Samuels QC, Leslie

Samuels QC, Leslie (3 Pump Court Chambers)

Leslie Samuels is Head of the Public Law Children Team and the Judicial Review Team and is in charge of Continuing Professional Education for the Family Finance Team. He sits as a Deputy District Judge in the Principal Registry of the Family Division in London. He is a qualified mediator.

Sutterwalla, Azeem

Sutterwalla, Azeem (Doughty Street Chambers)

Azeem Suterwalla specialises in public law and human rights law across a range of subject areas, notably, community care, children related, education, immigration, asylum support and prison law and housing cases. Azeem also has a developing media law practice.

Prior to coming to the bar Azeem worked for two years as a Policy Analyst for the United Nations in the Middle East. Azeem was also the Judicial Assistant to the former Master of the Rolls, Lord Justice Anthony Clarke, in the Court of Appeal between October and December 2005.

He is author of the chapter "Collection and Retention of Person Data" in the OUP publication "Human Rights in the Investigation and Prosecution of Crime" (2009), edited by Madeleine Colvin and Jonathan Cooper.

Purchase 

To get all the podcasts in this training bundle as a single item, please follow the download link below:

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