Harding, Maebh and Newnham, Annika (2017) Section 8 orders on the public-private law divide. Journal of Social Welfare and Family Law, 39 (1). pp. 83-101. doi:10.1080/09649069.2016.1177256 ISSN 0964-9069.

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Abstract

While section 9(2) of the Children Act 1989 prevents a Local Authority from applying for a child arrangements order directly, a case file study of residence and contact orders made in 2011 found that a significant number of applications for residence orders in the County Court were supported and sometimes even instigated by local authority children’s services (Harding and Newnham, 2015). The findings of the study demonstrate that residence orders often formed part of solutions offered to the family and can even operate as an alternative to formal public law remedies in situations where the parents are no longer able to provide care, and grandparents or other relatives take over. In these ‘hybrid cases’ private law orders are used to resolve situations on the fringes of public law action and, in some cases, divert cases from voluntary accommodation or formal care proceedings. This article raises questions about whether cases are being diverted to private law remedies in an appropriate manner and argues that closer scrutiny of the practice is required to ensure that the rights of parents, children and kinship carers are appropriately respected.

Item Type:	Journal Article
Subjects:	H Social Sciences > HQ The family. Marriage. Woman H Social Sciences > HV Social pathology. Social and public welfare K Law [LC] > KD England and Wales
Divisions:	Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH):	Kinship care, Public law -- Great Britain, Child welfare, Children -- Institutional care -- Great Britain, Civil law -- Great Britain
Journal or Publication Title:	Journal of Social Welfare and Family Law
Publisher:	Routledge
ISSN:	0964-9069
Official Date:	28 February 2017
Dates:	Date Event 28 February 2017 Published 28 April 2016 Available 10 September 2015 Accepted 1 September 2015 Submitted
Volume:	39
Number:	1
Page Range:	pp. 83-101
DOI:	10.1080/09649069.2016.1177256
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Restricted or Subscription Access
Date of first compliant deposit:	21 April 2016
Date of first compliant Open Access:	28 October 2017
RIOXX Funder/Project Grant:	Project/Grant ID RIOXX Funder Name Funder ID CPF/40293 Nuffield Foundation http://dx.doi.org/10.13039/501100000279
Related URLs:	Other

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