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Brayne & Carr: Law for Social Workers 10e

Chapter 11

Further guidance on the range of orders is provided by specialized texts, such as R. White (ed.), Clarke Hall and Morrison on Children (Butterworths, 2000). This looseleaf encylopaedia is authoritative and up to date.

The work of the courts

C. Mullins, 'At work with the Principal Family Judges' [2003] Law Society's Gazette 28. J. Masson, 'Fair Trials in Children Protection' (2006) 28(1) J of Social Welfare & Family Law 15–30.

Threshold criteria

An interesting article on the threshold criteria is B. Posner and P. Diaz, 'Everything We Always Wanted to Know About the Threshold Criteria' [2002] Family Law 850.

M. Hayes, 'Case commentary, Re D and N; Re B. Uncertain Evidence and Risk Taking in Child Protection Cases' (2004) 16(1) C & 7 LQ 63.

Hayes argues that the House of Lords applied different standards of proof at the threshold and welfare stages of care proceedings. She proposes that a 'real possibility' test is applied at all stages of proceedings. This test would strike the correct balance between protecting children from future risk and interfering, perhaps wrongly, in their lives and in the lives of their parents.

T. Booth, W. Booth, and D. McConnell, 'Parents with Hearing Difficulties, Care Proceedings & The Family Courts: Threshold decisions and the moral matrix' (2004) 16(4) C & 7 LQ 409.

This paper investigates how social sciences and the courts handle child protection cases involving parents with learning difficulties and explores the factors that are weighed in the balance when decisions are made in the best interests of the children from such families.

Police protection

J. Masson, 'Police Protection - Protecting Whom?' (2002) 24(3) J of SW of 72. An overview and critique of the use of police protection under s. 46 of the Children Act 1989.

Historical overview

J. Masson, 'From Curtis to Waterhouse: State Care and Child Protection in the UK 1945–2000', in S. Katz, J. Eekelaar, and M. Macken (eds.), Cross-Currents: Family Law and Policy in the United States and England (Oxford University Press, 2000).