Review Of Section 58 Of The Children S Act 2004

Section 58 of the Children Act 2004 limited the use of the defence of reasonable punishment so that it could no longer be used when people are charged with offences against a child, such as causing actual bodily harm or cruelty to a child. This report sets out the findings of a review into the practical consequences of this rule and parental views on smacking. Findings based on this evidence include that section 58 has improved legal protection for children by restricting the use of the reasonable punishment defence in court proceedings, with no reported significant practical problems with its operation. Parental attitudes and behaviour is changing, with younger parents less likely to use smacking as a method of discipline than older parents.

In the UK's institutional arrangements for protecting human rights, both Parliament and the judiciary have a central role. When the courts give a judgement finding that a law, policy or practice is in breach of human rights, it is for Parliament to scrutinise the adequacy of the Government's response and in some cases decide if there needs to be a change in law. An important part of the role of the Committee is to help Parliament in this function. This report brings together all their monitoring work in relation to both judgements of the European Court of Human Rights and declarations of incompatibility given by UK courts under the Human Rights Act.

Family Law offers an engaging and debate-driven guide to the subject, with each chapter crafted by a team of highly experienced teachers writing on their specialist subject under the expert editorship of Ruth Lamont. Each chapter is a superbly clear guide to the topic, structured around the key debates central to that topic, which are then explored in detail throughout the chapter. Students are thereby introduced to an enlightening range of perspectives on the key issues in family law today, allowing them to formulate their own opinions and arguments. The social, economic, and political backdrop to each topic is also extensively discusssed to ensure that students' understanding is grounded in this essential context. Family Law is a critical and modern guide to this dynamic subject.

This is the Committee's second annual report monitoring the Government's response to human rights judgments in the European Court of Human Rights. The Committee criticises the Government for its failure to respond to many of its recommendations in its previous report (17th report session 2006-07, HL 128/HC 728, ISBN 9780104011065). The Committee believes the Government should take a consistent and transparent approach across departments to the way in which it responds to declarations of incompatibility and judgments fro the European Court, with the Ministry of Justice co-ordinating the response to adverse judgments. This report also examines a number of issues arising from outstanding judgments: access to artificial insemination for prisoners and their partners; controlling membership of trade union; prisoners' voting rights; investigations into cases involving the use of lethal force; security of tenure for gypsies and travellers, and the corporal punishment of children.

Following the implementation of the Human Rights Act 1998, awareness has increased that we live in a rights-based culture and that children constitute an important group of rights holders. Now in its third edition, Children's Rights and the Developing Law explores the way developing law and policies in England and Wales are simultaneously promoting and undermining the rights of children. It reflects on how far these developments take account of children's interests, using current research on children's needs as a template against which to assess their effectiveness and considering a broad range of topics, including medical law, education and youth justice. A critical approach is maintained throughout, particularly when assessing the extent to which the concept of children's rights is being acknowledged by the courts and policy makers and the degree to which the UK fulfils its obligations under, for example, the UN Convention on the Rights of the Child.

This book describes the unfolding of a global phenomenon: the legal prohibition of physical punishment of children. Until thirty years ago, this near-universal practice was considered appropriate, necessary and a parental right. But a paradigm shift in conceptions of childhood has led to a global movement to redefine it as violence and as a violation of children’s rights. Today, many countries have prohibited it in all settings, including the home. This remarkable shift reflects profound cultural changes in thinking about children and their development, parent-child relationships, and the role of the state in family life. It has involved actors in many sectors, including academia, government, non-governmental organizations and children themselves. Documenting the stories of countries that have either prohibited corporal punishment of children or who are moving in that direction, this volume will serve as a sourcebook for scholars and advocates around the world who are interested in the many dimensions of physical punishment and its elimination.

Daisy Bogg is a qualified and HCPC-registered social worker who has worked within mental health and addiction services for over 20 years, for the NHS, local authorities and voluntary sector organisations. *** Report writing is a key skill for social work and one in which many practitioners receive little formal training or preparation. Fully revised and updated, the new edition of this handy pocketbook for social workers provides key advice for busy practitioners to help them to write clear, professional and well-structured reports. This includes practical advice, hints and tips to improve your report writing and ensure you adhere to best practice in your written communications. Social workers will find this guide invaluable for creating high-quality reports for a range of common situations. This useful book includes: • A range of report templates for a variety of situations, practice contexts and service user groups • Examples of good practice in report writing and common pitfalls to avoid • Examples of legal policy and assessment situations • Checklists of content and style requirements for various report types • Examples of best practice and common pitfalls, including links to the law to make your decisions evidence-based and authoritative • Checklists and decision-making flow charts to simplify what can prove a complex area Written by an experienced practitioner, this practical guide is not only suitable for newly-qualified social workers but also their more experienced colleagues that would like to develop and hone their writing skills. Students of social work will also find this an essential resource for their practice education and beyond. *** *This book forms part of a series of pocketbooks for social workers. These compact guides are written in an accessible and to-the-point style to help the busy practitioner locate the information they need as and when they need it—all bound up in A5 and under! The pocketbooks explore key practical skills involved in such areas as mental capacity, report writing and assessment.* 'This book, in my opinion, is a must for experienced and newly qualified social workers alike. The author offers a solid platform for social workers to work from by offering initial theory before identifying professional responsibility, distinguishing fact from opinion, aiding the reader to construct the purpose and goal of the report before confidently leading to an evidenced based conclusion. The book is filled with practical hints, tips and best practice points. It advises on potential pitfalls, offers a wide range of templates to ensure key areas are covered and goes as far as directing the reader on grammar and even spell-checking! The book is a practical and valuable resource.' Martin Gilbert, Learning & Development Lead in Mental Health, Birmingham City Council, UK

This Act, given Royal Assent on 15th November 2004, sets out provisions for the following: an establishment of a Children's Commissioner; making provision for services to and for children & young people by local authorities; provisions for support services in Wales relating to family proceedings; provision about private fostering; child minding; day care; the adoption of review panels; the defence of reasonable punishment; grants for children and families; child safety orders; the Children's Commissioner for Wales; the publication of material relating to children in legal proceedings and the disclosure of information relating to children in possession of the Inland Revenue. The Act is divided into two parts, the first part establishing the role and function of the Children's Commissioner, and where the Commissioner can hold enquiries into non-devolved matters in other parts of the UK. Whilst part two gives effect in England, to the principle legislative proposals contained in the Green Paper (Cm.5860 Every Child Matters ISBN 0101586027), to support better integrated planning, commissioning, and delivery of children's services and provide for clear accountability.