Brayne & Carr: Law for Social Workers 10e 
Glossary
Lecture outlinesBrayne & Carr: Law for Social Workers 10e
D - M
| A - C | D | E | F | G | H | I | J | K | L | M | N - Z |
D
DDA – see Disability Discrimination Act
Data controllers - are people, including organisations, who decide how and why personal data are processed. The Data Protection Act 1998 imposes specific responsibilities upon data controllers. (Chapter 4)
Data Protection Act 1998 - came into force on 1st March 2000. The Act, which incorporates the provisions of the Access to Personal Files Act 1987 controls the use of personal information by authorities in accordance with data protection principles and gives individuals the right to access information about themselves. (Chapter 4)
Data protection principles - there are eight data protection principles which are key to understanding the Act. They require in summary that data is fairly and lawfully processed, is adequate, relevant and not excessive. (Chapter 4)
Data subjects - are individuals whose data are held by authorities. They must be told the identity of the data controller and the purposes for which their data are to be processed. Individuals should also be made aware of any additional purposes for which their data may be used. (Chapter 4)
Declaration of incompatibility - whilst the courts cannot quash primary legislation under the Human Rights Act 1998 they can declare that provisions of a statute are incompatible with the Human Rights Act. (Chapter 3)
Defendant - a party to court proceedings who is defending him or herself against those proceedings. (Chapter 1)
Delegated legislation - as its name implies, gives the power to some person or body to pass legislation that has the same effect as if it had been passed by Parliament through its normal process of legislation. For the delegated legislation to come into force, normally it must be 'laid before Parliament'. This requires a copy of the proposed delegated legislation to be placed (or laid) in the House of Commons and the House of Lords for a specified number of days. After that the legislation comes into force. It may require a vote without a debate, or the alternative form is where it comes into effect by 'negative resolution'. This means that it will come into force unless sufficient members of Parliament put their names down so as to require a vote to be taken. (Chapter 1)
Derogation – the UK is committed by treaty to the European Convention on Human Rights and Fundamental Freedoms, but under the treaty a government can derogate from (declare itself not bound by) certain of the articles. The decision to derogate is reviewable by the UK courts and can be declared unlawful. (Chapter 2)
Detention and training order - a form of custodial sentence for young offenders in which the first half of the sentence is served in a young offender institution, a secure training centre or local authority secure accommodation, and the second half under supervision by a probation officer, social worker or other member of the Youth Offending Team. (Chapter 14)
Devolution- in general devolution means the transfer of powers from central government to local units. The particular devolution settlement in the UK is complicated. The Scotland Act 1998 established the Scottish Parliament and the Scottish Executive. The Government of Wales Act 1998 established the National Assembly for Wales. The Northern Ireland Act 1998 established the Northern Ireland Assembly and the Northern Ireland Executive. Devolution means that there will be increasing differences between the four jurisdictions on devolved matters. For instance prescription charges continue to rise in England, in Wales they have been abolished, and in Scotland they have been reduced with the intention of abolition by 2010. (Chapter 1)
Disability Discrimination Act 1996 - an Act which makes it unlawful to discriminate in employment and the provision of services on the grounds of a person's disability. There are exceptions which permit acts of discrimination to be lawful, including a proven difficulty of making adjustments to premises or working practices. (Chapter 3)
Direct payments - local authorities are obliged to offer cash equivalent costs to service users to purchase the required service, as an alternative to providing care services. Direct payments are available for most forms of care service, including those to children and families under the Children Act. The service user must agree and be assessed as capable of benefiting from a direct payment. (Chapter 19 - see also chapter 9)
Direction Hearing - a hearing designed to enable the court and the lawyers to decide what procedural matters need to be dealt with. It is a very important stage in the process of managing the case to ensure that the final hearing takes place as quickly as possible, is as short as possible and deals with those points that are actually in dispute. (Chapter 1)
Director of Children's Services – The Children Act 2004 requires local authorities to appoint a director of children's services to be accountable for, as a minimum, the local authority's education and social services functions in so far as they relate to children. (Chapter 6)
Disabled facilities grants - are available from local authorities under Part I of the Housing Grants, Construction and Regeneration Act 1996. Disabled facilities grants can help tenants and owner-occupiers meet the costs of installing an access ramp for wheelchairs, putting in a stair lift, or lowering work tops to make it easier to prepare and cook food. (Chapter 21)
Discretionary grounds - are grounds for possession where the court can decide whether it is reasonable in the circumstances to evict the tenant. This contrasts with mandatory grounds where, if the facts are made out, the court must make an order for possession. (Chapter 21)
Documentary evidence - evidence used in courts comprises oral evidence, (what witnesses say), real evidence (the examination by the court of actual things that are relevant), and documentary evidence – which includes things like computer print outs and videotapes. Documentary evidence often contains hearsay – evidence which really ought to be presented by the person who knows the facts coming into the witness box to testify. However this is becoming less of a problem, even in criminal cases. (Chapter 12)
Domestic violence - encompasses the use of physical and/or emotional abuse or violence, including undermining of self-confidence, sexual violence or the threat of violence, by a person who is or has been in a close relationship. (Chapter 20)
Domestic Violence, Crime and Victims Act 2004 - this Act extends protections offered to the survivors of domestic violence. In particular breach of a non-molestation order becomes a crime and the categories of 'associated persons' under the Family Law Act 1996 are extended to include co-habiting same sex couples. (Chapter 20)
Drug treatment and testing order - a form of community punishment following a criminal conviction. (Chapter 14)
Duty - mandatory statement within a statute - Where a statute imposes a duty on a person or a body then they have to carry out that duty. There is no choice, however hard the carrying out of the duty may be. (Chapter 1)
E
ECHR – see European Convention on Human Rights and Fundamental Freedoms
EPO – see Emergency Protection Order
Education Supervision Orders- (s. 36 of the Children Act 1989) If a local education authority (which in most areas is the same authority as the social services department) can satisfy the magistrates' court that a particular child is both of compulsory school age and not being properly educated, the court may make an education supervision order. The order is designed to ensure that children do not go into care merely for non-school attendance. (Chapter 12)
Either way offences - are hybrid offences which, as the name implies, can be dealt with either by the magistrates' court or by the Crown Court before a judge and jury. (Chapter 1)
Eligible children - a definition for the purposes of the duties imposed upon local authorities under the Children (Leaving Care) Act 2000. It refers to those children in care aged 16 and 17 who have been looked after for a period to be prescribed. (Chapter 8)
Eligible for assistance - before someone can be provided with assistance under Part 7 of the Housing Act 1996 they must be eligible for assistance. No duty is owed by the housing department to anyone, however dire their situation, if the legislation and the regulations taken together make them ineligible for assistance - s. 185 of the Housing Act 1996. (Chapter 21)
Emergency Protection Order - a short-term order under s.44 of the children Act 1989 which either removes the child on a short-term basis, or allows the child to be kept in a place of safety or requires an alleged abuser to leave the family home. The grounds for the emergency protection order are much easier to prove than for a care order but successful applicants gain limited powers. (Chapter 12)
Employment Tribunals - tribunals that make decisions about employment disputes, including unfair dismissal, redundancy, and discrimination. (Chapter 1)
Enduring Power of Attorney - see Lasting Power of Attorney
Entitled people - Part IV of the Family Law Act categorises the property status of people in two different ways for the purposes of occupation orders. First you are an entitled person if you have some legal right to occupy a property as the freehold owner, the tenant or the contractual licensee. People who do not have property rights are non-entitled persons. (Chapter 20)
Environmental Health Officers - officers employed by the authority to advise on environmental standards and where appropriate to prosecute offenders. They have a specific role in policing housing standards. (Chapter 21)
Examination in chief – the first stage of a witness's examination in court, when the lawyer calling the witness asks non-leading questions to elicit the evidence that a witness gives in support of that party's case. Followed by cross examination (where the evidence is challenged by opposing parties and leading questions will be put) and re-examination, which is to clarify but not open up new areas. Examination in chief in civil cases is usually just a matter of presenting the witness's signed statement to the court. (Chapter 12)
Expert opinion - in making decisions courts like to hear facts and not opinions from witnesses. However an expert witness is an exception, as there will be issues on which the court does not know how to form its own opinion, for example the possible cause of bruising on a child, or the likely response of a child to contact with a particular parent. (Chapter 12)
The Equality and Human Rights Commission - from the initial implementation of anti-discrimination legislation, government has recognised that individuals require assistance to understand and implement the law. Over time it created three commissions, the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission. In response to increasing pressure to create a Human Rights Commission, and in recognition of the need for a single Equalities body, it merged the work of the existing commissions, and extended their remit by establishing the Equality and Human Rights Commission in October 2007. The first chair of the Commission is Trevor Phillips. The work of the Commission will be to promote equality and tackle discrimination in relation to race, gender, gender reassignment, disability, sexual orientation, religion or belief, age and human rights. (Chapter 3)
Equitable leases - are in very simple terms leases which do not comply with all the legal formalities of statutory leases but the courts consider should be treated as if they do. Such agreements would attract the normal provisions of security of tenure. They can be used to provide security of tenure to young people who cannot in law be granted statutory tenancies. (Chapter 21)
European Convention on Human Rights and Fundamental Freedoms (ECHR) - a set of principles drafted after the second world war by the Council of Europe. Member states who have signed the Convention are required to ensure that their laws are consistent with these fundamental rights. The United Kingdom achieves this by allowing its citizens to petition the European Court of Human Rights for a declaration that the UK is in breach. Also each jurisdiction within the UK has legislation in force which incorporates these provisions into law recognised by its courts. Within England and Wales this is achieved through the Human Rights Act 1998. (Chapter 3)
F
Fact in issue – when a court is asked to make a decision, it has to identify what issues are in dispute, and that depends on what has to be proved to get the decision which each party is looking for. Those facts which must be established by evidence (i.e. they are not agreed by the parties) are said to be 'in issue'. (Chapter 12)
Family Proceedings Court - is the name for magistrates' courts when they deal with family matters. The magistrates who sit in the family proceedings court receive specialised training in family matters and form the family panel. Family proceedings courts deal with both public and private law matters relating to children. All public law cases start in the Family Proceedings Court. (Chapter 1)
Family Proceedings Courts (Children Act 1989) Rules 1991 - the rules which govern the procedures of the Family Proceedings Court. (Chapter 1)
Files - have many purposes but essentially hold the factual records of a case. They should be useful working tools. The Data Protection Act 1998 applies to information held on files. (Chapter 4)
Former relevant children - a definition of a particular group of children towards whom the local authority will have duties under the Children (Leaving Care) Act 2000. It refers to those who before reaching the age of 18 were either eligible or relevant children. (Chapter 8)
Foster parents - a child in care or being looked after on a voluntary basis can under s. 23 of the Children Act 1989 be provided with accommodation by being placed with foster parents. Foster parents are suitable people selected by the local authority to provide accommodation and maintenance for a child being looked after. The selection and registration of foster parents are subject to the detailed guidance of the Foster Placement (Children) Regulations 1991. (Chapter 8)
'Framework for the Assessment of Children in Need and Their Families' (DoH 2001) - provides a structure for helping social services to collect and analyse information obtained in the course of the inquiries into the welfare of a child. The Framework came into force on 1st April 2001, and must be complied with by the Local Authority unless there are exceptional reasons which justify a variation. (Chapter 9)
Freedom of Information Act 2000 - provides statutory rights for members of the public requesting information. Under the Act any member of the public will be able to apply for access to information held by a wide range of public authorities, including local authorities. The right of access to information is subject to a wide range of exemptions. (Chapter 4)
Full hearings - hearings of cases where a final order is made. (Chapter 1)
Furniture and Furnishing (Fire) (Safety) Regulations 1988 - the regulations cover upholstered furniture, mattresses, cushions and pillows, but exclude carpets, curtains and duvets. They require that all furniture and furnishings covered by the regulations conform to minimum fire safety standards. The regulations are enforced by the Health and Safety Executive. (Chapter 21)
G
Gas Safety (Installations and Use) Regulations - require landlords to maintain gas fittings and flues provided by the landlord in a safe condition. An annual gas safety check must be carried out on each gas appliance and flue by a CORGI registered installer. The regulations apply to all periodic leases and fixed terms of seven years and under. (Chapter 21)
General Social Care Council - a statutory body responsible amongst other things for establishing the standards and qualification requirements for social workers and other social care workers. (Chapter 1)
Gillick competence - refers to Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112 where the House of Lords discussed the relationship between parent and child and the responsibilities that arise from that relationship. A child under 16 is generally presumed not to be legally competent, but will be treated as competent if they demonstrate sufficient understanding of the question that needs to be decided. (Chapter 5)
Golden rule - see statutory interpretation
Grave crime - crimes of murder and homicide and crimes which can be punished with at least 14 years prison if committed by an adult. When alleged against a juvenile youth courts may, and in the case of murder must, commit the defendant for trial in the Crown Court. (Chapter 12)
Green Paper - a government paper which sets out a number of proposals to change the law and ask for comments. Green Papers got their name because in the past they were published with green covers. (Chapter 1)
Guardian - in general someone who is appointed by a court to protect the interests of a vulnerable person or a child - see children's guardian and guardianship order. (Chapter 6 and Chapter 17)
Guardianship order - an order under s.7 of the Mental Health Act 1983 in which the local authority appoints a person to act as guardian of the patient; this enables the patient to continue living in the community. (Chapter 17)
Guidance - advice issued by the Secretary of State. For example local authority social services functions are governed by the Local Authority Social Services Act 1970 (LASSA). Under s. 7 these functions must be exercised under the general guidance of the Secretary of State. Where guidance is issued to local authorities under this s. 7, it is not, in law, mandatory. Such guidance, nevertheless, must be followed unless there are justifiable reasons for not doing so. (Chapter 1)
H
Hague Convention - is the shortened reference to the Convention on Protection of Children and Co-operation in respect of Inter-country Adoption, concluded at The Hague in 1993. It sets out minimum standards for the process of inter-country adoption. One of its main aims is to prevent adoption trafficking. (Chapter 13)
Health Service Ombudsman - investigates complaints about the failures of National Health Service hospitals or community health services and other National Health Service provision. Any member of the public may refer a complaint direct, though normally only if a full investigation within the National Health Service complaints system has been carried out first. (Chapter 1)
Hearsay - if a person has something of relevance to say about a case before a court, and that evidence is not given by her or him from the witness box but is presented by someone reporting what they said or a document is produced, this is hearsay. The old rule is that hearsay is excluded, but in civil cases that rule is abolished, and in criminal cases there are many exceptions. Hearsay is generally less persuasive than direct testimony. (Chapter 12)
High Court - a civil court which consists of three divisions;
- Queen's Bench (can be known as King's Bench Division if a King is assuming the throne) - civil disputes for recovery of money, including breach of contract, personal injuries, libel/slander;
- Family - concerned with matrimonial matters and proceedings relating to children, e.g. wardship;
- Chancery - property matters including fraud and bankruptcy. (Chapter 1)
Home Repair Assistance - is available for help with small repairs to people who are tenants, long term licensees with a right of exclusive occupation and owner occupiers. The applicant must be claiming an income related benefit (which includes housing benefit) or be over 60, disabled or infirm or a carer of someone who is over 60, disabled or infirm. The assistance may be available in the form of materials or a grant for carrying out works of repair, improvement or adaptation to a dwelling. Applications are made to local authorities who have a discretion to decide what works if any they will grant aid. Grants are limited to £5,000 per application. (Chapter 21)
Homeless - a person is homeless for the purposes of Part 7 of the Housing Act 1996 if he or she, together with any person he or she can reasonably be expected to live with, has no accommodation which they are entitled to occupy and which it would be reasonable for them to continue to occupy (s. 175). Accommodation includes accommodation overseas. A person does not have to be actually homeless to qualify under the Act, if he or she is likely to become homeless within the next 28 days. (Chapter 21)
Homelessness Act 2002 - imposes strategic responsibilities for homelessness on local housing authorities and makes important amendments to the homelessness provisions contained in Part 7 of the Housing Act 1996. (Chapter 21)
Homelessness Code of Guidance for Local Authorities - was published by the Department of Local Government and Communities in 2006; this provides a thorough and wide ranging explanation of the council's obligations and is an essential reference tool for anyone involved in homelessness. (Chapter 21)
Homelessness (Priority Need for Accommodation) (England) Order 2002 - SI 2051 - a statutory instrument which extends the categories of those treated as in priority need for the purposes of the homelessness provisions of the Housing Act 1996. (Chapter 21)
Homelessness (Suitability of Accommodation) Order 1996- SI 3204 states that a housing authority must take into account whether the accommodation is affordable for the applicant when deciding whether it is reasonable for them to remain in that accommodation for the purposes of Part 7 of the Housing Act 1996. (Chapter 21)
Hospital order - a court can commit an offender to a hospital if, following a conviction where it has a power to imprison the offender, there is a medical report which indicates that the conditions for admission to hospital for treatment for mental disorder apply. (Chapter 19)
House Renovation grants - may be available if a dwelling falls below the fitness standards set out in the Housing Act 1985 and referred to above, and the council are satisfied that renovation is the best way of dealing with the problem. The grant will be means tested, and no work commenced prior to the grant will be covered. (Chapter 21)
Housing Act 1985 - a very important and extensive housing statute which, amongst other things, sets out the legal rights and responsibilities of local authority tenants, including the tenant's charter and the right to buy. (Chapter 21)
Housing Act 1988 - an Act which sets out the rules governing private sector and housing association tenancies created since 1st January 1989. (Chapter 21)
Housing Act 1996 - an act which provided for introductory tenancies and made the assured shorthold tenancy the default tenancy for the private rented sector. It also sets out the law on homelessness and the allocation of local authority tenancies. (Chapter 21)
Housing Act 2004 - this Act is probably of most interest to social workers because of the Housing Health and Safety Rating System which replaces the old fitness standards set out in the Housing Act 1985 with a risk assessment system which may well work more effectively to protect vulnerable people from hazards in the private rented sector.
Housing Association - see Registered Social Landlord
Housing benefit - a benefit designed to help people who are on benefits, or who have low incomes, to pay their rent. (Chapter 21)
Housing Corporation - a non departmental public body funding and regulating housing associations. (Chapter 21)
Human Rights Act 1998 - this legislation requires courts and public authorities to act and make decisions in keeping with the principles set out in the European Convention of Human Rights. The articles are set out in a Schedule to the Act, and therefore are part of the law of England and Wales from October 2001. (Chapter 3)
I
Incompatibility (declaration of) – the Human Rights Act 1998 requires legislation to be interpreted as far as possible to achieve a result consistent with the principles of the European Convention. If that is impossible the court is obliged to follow the wording of the English statute and can then declare that a provision in the statute is incompatible with the HRA. (Chapter 3)
Independent Housing Ombudsman - deals with complaints against housing associations. (Chapter 1)
Independent Reviewing Officers - following the implementation of s.118 of the Adoption and Children Act 2002 which amends s.26 of the Children Act 1989 all children's services authorities must appoint Independent Reviewing Officers to chair the statutory review meetings of all children looked after or accommodated by them. The IROs have a duty to monitor the responsible authority's review of the care plan, with the aim of minimising 'drift' and challenging poor practice. The Regulations give them a new power to refer a case to the Children and Family Court Advisory and Support Service (CAFCASS) to take legal action as a last resort where a child's human rights are considered to be in breach (chapter 8).
Independent visitor - (See Sch. 2, para. 17 of the Children Act 1989 and Definition of Independent Visitors (Children) Regulations 1991). If a child has had infrequent contact with his or her parents or has not been visited or lived with them during the preceding 12 months, the authority may appoint such an independent visitor. An independent visitor must be appointed if there have been no visits to the child during the preceding year. The role of the visitor is to visit, befriend and advise the child. In doing this the authority must apply the 'respect for the child principle' and the child has the right of informed consent to object to the initial appointment and to the continuation of the appointment (Sch. 2, para. 17(6)). (Chapter 10)
Indictable only offences - are cases that 'just pass through' the magistrates' court. They are the serious offences, such as murder, rape and arson that, for an adult (over 18), can be dealt with only by the Crown Court. (Chapter 1)
Inferences - a court is entitled to make inferences when evidence points towards a factual conclusion. (Chapter 12)
Informal admission - under the Mental Health Act 1983 patients can enter hospital without an order i.e. voluntarily. As informal patients they are free to leave, unless detained while in hospital. (Chapter 19)
Informed consent - see consent
Injunction - a court order restraining someone from doing something or (more difficult to obtain) ordering someone to do something. In general an injunction is only available to an applicant if there is a substantive cause of action, for instance breach of contract. However injunctions under Part IV of the Family Law Act 1996 and under the Housing Act 1996 can be obtained without the need for other court proceedings. (Chapter 20)
Inquiries - describes a whole range of investigations/hearings which take place outside of the court system. Local authorities may initiate, participate in, or contribute to many types of inquiries. They are a useful mechanism for dealing with complaints or investigating failure and may prove more helpful in finding out facts than the adversarial system used in the courts. (Chapter 1)
Intentionality - when deciding what if any duties are owed to an applicant under Part 7 of the Housing Act 1996 the authority has to decide if the applicant became homeless intentionally (s. 184), which means that the applicant has to have had accommodation which it would be reasonable to continue to occupy, and by some deliberate act loses it (s. 191). The same criteria apply to threatened homelessness (s. 196). (Chapter 21)
Interim orders - orders made pending a full hearing of the case. (Chapter 1)
Interim Care/Supervision Order - orders made under s.38 of the Children Act 1989 pending a full hearing of the application for a care order. An initial interim order cannot last longer than eight weeks. Subsequent interim orders cannot last longer than four weeks. (Chapter 12)
Introductory tenancies - a particular form of local authority tenancy introduced in the Housing Act 1996 which can be granted by a local authority for a 12 month period prior to the grant of a secure tenancy. During the introductory period the landlord can evict the tenant without proving grounds for possession. (Chapter 21)
J
Judicial notice - in determining a case a judge does not need to have all possible facts proved by evidence; judicial notice of a fact is possible without proof where it is a fact that is well known, for example that in summer in the north of England it is not dark at 8 o'clock. (Chapter 12)
Judicial review - judicial review is the process by which the courts oversee decisions made by public officials and ensure that they have been made fairly. (Chapter 1)
Justice for All - (Cm 5563) the name of the White Paper published by the government in July 2002 which focused on reforms to court procedure and sentencing. (Chapter 1)
Juvenile - a term to describe a child involved in criminal proceedings. (Chapter 14)
L
LASSA – see Local Authority (Social Services) Act 1970
Laming Report – see Report of the Inquiry into Victoria Climbie
Landlord and Tenant Act 1985 - provides important rights for tenants of residential accommodation. In particular it requires that the structure, exterior and installations in rented property are kept in a state of repair. It also requires a landlord to provide certain information to a tenant such as his or her name and address and in certain circumstances a rent book. (Chapter 21)
Lasting power of attorney - replaces enduring powers of attorney, and introduced by the Mental Capacity Act 2005 (chapter 3 and 17). It enables a person to make decisions in advance and is particularly useful to provide directions to those managing personal affairs of a person who later becomes mentally incapable.
Law for Social Workers - a comprehensive clear account containing almost all you need to know, useful both for students and practitioners, regularly updated, well-reviewed and authoritative.
Legal Aid - public funding provided by the Legal Services Commission for advice or representation. (Technically the term was abolished by the 1999 Access to Justice Act, but is so widely used that even the Government has reintroduced it into its literature.) (Chapters 5 and 14)
Legal Services Commission - administers public funding for legal advice and legal representation. (Chapters 5 and 14)
Legal Services Ombudsman - handles complaints about services provided by lawyers. (Chapter 6)
Literal rule - see statutory interpretation
Litigation privilege - the right of lawyers to talk to witnesses and obtain reports for the purpose of preparing actual or probable court cases and not to disclose the material if it is unhelpful. (Chapter 4)
Local authority's duty to investigate - (s. 47 of the Children Act 1989) – if a local authority has reasonable cause to suspect that a child is suffering or is likely to suffer significant harm then the local authority is placed under a statutory duty to investigate. The duty also arises if a child is the subject of an emergency protection order, is in police protection or has contravened a ban imposed by a curfew notice under the Crime and Disorder Act 1998. (Chapter 11)
Local Authority (Social Services) Act 1970 - the principal Act imposing social services functions on local authorities (metropolitan boroughs and county authorities). The Act brings together in schedule 1 a list of the functions of social services departments. This schedule is continually updated as new legislation sets out new responsibilities. (Chapter 1)
Local connection - under s.198 and 199 of the Housing Act 1996 a person who has local connections with a local authority can be referred back to that local authority for the provision of permanent housing, notwithstanding the fact that he or she has applied elsewhere as homeless. A person will not be referred back to their local area if they left the area because of violence and return would lead to a risk of further violence. (Chapter 19)
Local government ombudsman (technically called the Parliamentary Commissioner for Local Government) - the objective of the local government ombudsman is to provide, where appropriate, satisfactory redress for complainants and assist in the improvement of administration by local government. The local government ombudsman has the power to issue general advice on good local administration. The local government ombudsman is not able to investigate personnel complaints or complaints about the internal running of schools. (Chapter 1)
Local Safeguarding Children Boards - were created by the Children Act 2004. They bring together each of the main organizations who work with children and families in a children's services authority, with the aim of ensuring that they work together effectively to keep children safe. They replace the Area Child Protection Committee. (Chapter 6)
'Looked after' children - this term is not actually defined specifically in the Children Act 1989. To become 'looked after', the child, first, has to be in need. To be looked after the child either has to be the subject of a care order, or be supplied with accommodation by the local authority. The 'looked after' child has access to the range of services the local authority provides for children in need. (Chapter 8)
'Lost in Care'- The Report of the Tribunal of Inquiry into the Abuse of Children in Care in the Former County Council Areas of Gwynnedd and Clwydd since 1974', have informed recent developments of the law, in particular the Care Standards Act 2000 and the Children (Leaving Care) Act 2000. (Chapter 8)
M
MAPPA and MAPPs - see Minimum Requirements for Multi-Agency Public Protection Arrangements and Panels (Chapter 1)
MHRT - see Mental Health Review Tribunal
Magistrates - are members of the local community appointed by the Lord Chancellor (or by the Chancellor of the Duchy of Lancaster) to sit in magistrates' courts and decide on cases brought before them. Magistrates are not normally appointed before the age of 30 and all magistrates retire at the age of 70. Of the 30,000 lay (unpaid) magistrates in England and Wales today, almost half are women. (Chapter 1)
Magistrates' court - are local courts which deal with a wide variety of legal matters. Almost all criminal cases start in the magistrates' court and over 95% of cases are completed there. Last year over 1,500,000 cases were dealt with by magistrates' courts. Most magistrates' courts have a special court - The Family Proceeding Court - which deals with issues such as family disputes, adoption and care orders of children. Magistrates also deal with licensing, betting and gambling in their local area as well as witnessing documents, public entertainment licence appeals etc. (Chapter 1)
Mediation - a form of dispute resolution in which the parties are guided by a mediator to achieve their own decision rather than have the court resolve the dispute. It is particularly encouraged in resolving family disputes. (Chapter 1)
Mental capacity - a term introduced by the Mental Capacity Act 2005. The Act creates a framework for making it lawful for people to intervene on behalf of those who lack mental capacity (Chapter 3 and 17). The Act sets out a new definition of capacity, works from an assumption that someone has capacity to make a decision unless it is shown otherwise, requires that all decisions taken on behalf of someone who cannot make his or her own decisions must be made in that person's best interests, sets out a new checklist of "best interests" factors, to guide decision-makers and creates a number of new decision-making mechanisms.
Mental disorder - defined in section 1 of the Mental Health Act 1983 as 'mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of mind'. Diagnosis is sufficient for compulsory admission to hospital for assessment. (Chapter 19)
Mental illness - not defined in legislation, but if found is sufficient to trigger a compulsory admission to hospital for assessment. (Chapter 19)
Mental impairment - defined in section 1 of the Mental Health Act 1983 as a 'state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning and is associated with abnormally aggressive or seriously irresponsible behaviour.' Diagnosis can lead to compulsory admission to hospital for treatment, if treatable. (Chapter 19)
Mental Health Act 1983 - the primary piece of legislation governing the rights of people compulsorily detained in mental hospital. The Act applies in England and Wales. (Chapter 19)
Mental Health Act Commission – a body which oversees the administration of the Mental Health Act in all aspects, including inspection of hospitals and tribunals, hearing complaints, recognition of doctors to provide second opinions, and making recommendations to government. The Commission is due to be abolished in 2008 if the necessary legislation is passed. (Chapter 19)
Mental Health Review Tribunal – a statutory body which hears applications for discharge where a patient has been detained for treatment. (Chapter 19)
Minimum Requirements for Multi-Agency Public Protection Arrangements and Panels - describes the arrangements made under the Criminal Justice and Court Services Act 2000 which placed a duty on the National Probation Service, in collaboration with the police, to make joint arrangements for the assessment and management of the risk posed by sexual, violent and other offenders who may cause serious harm to the public. (Chapter 8)
Minister for Children – a new government post created in the June 2003 reshuffle, the minister for children is to co-ordinate and focus children's services.
Mischief rule – see statutory interpretation
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