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How far does a client's or a child's confidentiality extend on family breakdown? Understand the fundamental importance of legal privilege, privacy and confidentiality in family breakdown and in family court proceedings. Looking at the duties of confidentiality of all practitioners involved in family proceedings, this title puts privilege, privacy and confidentiality in its common law context. It considers and contrasts that family proceedings are almost always heard 'in private'; and explains how this rule sits with common law principles. It singles out the particular issues in care proceedings where there are parallel criminal proceedings and explains the differences in law and on statutory guidance between the duties of confidentiality between lawyers, doctors and social workers. This new title helps you tackle questions such as: Is a child entitled to confidentiality; or is it correct, as Working Together guidance says, that the mature child's confidences should be 'shared'? When can privilege be overridden; and when does it not apply? Does without prejudice immunity cover a mediator? When are closed materials procedures appropriate in children proceedings?
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.
It has long been a fundamental norm of civilized legal systems that the administration of justice is conducted in full view of the public. This is regarded as particularly important in criminal cases, where the accused is traditionally viewed as possessing the right to a public trial. The rise of the modern media, especially television, has created the possibility of a global audience for high profile cases. Increasingly, however, it is seen that the open conduct of legal proceedings is prejudicial to important values such as the privacy of parties, rehabilitative considerations, national security, commercial secrecy, and the need to safeguard witnesses and jurors from intimidation. In this topical new study, Joseph Jaconelli explores these issues and offers a critical examination, in the context of English law, of the values served by open justice and the tensions that exist between it and other important interests.
“The law relating to children does not seem to stand still long enough to have its photograph taken...” So says Sir Andrew McFarlane, President of the Family Division, before endorsing the one book he says has captured its image. THE guide to current, important and commonly misunderstood issues in public children law. Drawing together the key statute, case law, and procedure in relation to twelve central themes, Public Children Law: Contemporary Issues explores and examines current issues of particular difficulty in public children law, with an emphasis on those with an international dimension. It provides a comprehensive overview of some of the most pressing issues in child protection law, as well as identifying common pitfalls and practical tips, and providing good practice guides. The topics covered include: - Children giving evidence - Child trafficking - Radicalisation - Female genital mutilation - Secure accommodation orders - Special guardianship orders - Family Drug and Alcohol Court - Forced marriage and honour-based violence - International public children law - Children's evidence - Child trafficking - Reporting restrictions - Deprivation of children's liberty - Post-adoption contact - Section 20 and damages
Precise and lucid in its treatment of practical detail, McNae's Essential Law for Journalists is the unrivalled handbook for students of journalism and professionals. Including pithy summaries, clear cross-references, and hands-on practical advice, McNae's meets the needs of busy journalists who need quick and reliable answers to the questions they face in their day-to-day work, while also providing students with authoritative coverage of key media law topics. Published in partnership with the National Council for the Training of Journalists as the elemental text for students, and widely used in newsrooms across the UK, McNae's continues to successfully distil the law and make it manageable. Online resources Comprehensive online resources accompany the text, including regular updates from the authors to keep readers abreast of the law. www.mcnaes.com
Are you concerned about promoting transparency whilst protecting the privacy of vulnerable clients? With a foreword by Sir Andrew McFarlane, the incoming President of the Family Division, and an author team from The Transparency Project, Transparency in the Family Courts: Publicity and Privacy in Practice clarifies what transparency means in practice for professionals and families involved in the family courts, and provides guidance on privacy in family law cases and their reporting in the media. This new title provides full coverage of the implications of the 2014 Guidance on publication of judgments and looks at: Section 12 of the Administration of Justice Act 1960 Section 97 of the Children Act 1989 ECHR Articles 8 and 10 Rules and Practice Directions covering all family proceedings Appendices include key legislation and case studies and the topic will be kept up-to-date on the Bloomsbury Family Law online service. This new title is essential reading for family law practitioners in private practice, local authorities and other public bodies, as well as media lawyers, journalists and social workers. Julie Doughty is a Lecturer in Law in the School of Law and Politics at Cardiff University Lucy Reed is a Barrister at St John's Chambers Paul Magrath is a Barrister with the Incorporated Council of Law Reporting for England and Wales

Family Justice

Great Britain: Parliament: House of Commons: Constitutional Affairs Committee

Published: 2006-06-11

Total Pages: 40


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Following on from an earlier report by the Committee on child contact issues (HCP 116-I, session 2004-05; ISBN 0215022424) published in March 2005, and in light of the publication of the Children and Adoption Bill (HLB 10, session 2005-06, ISBN 0108421392) in November 2005, the Committee's report examines recent developments on the workings of the family justice system. Conclusions reached include: i) support for the Government's decision to issue a consultation paper on options for improving transparency in the family court, for example by allowing press and public access under appropriate reporting restrictions and subject to the judge's discretion; and ii) without the element of compulsion, projects such as the Family Resolutions Pilot scheme (which seek to move away from an adversarial court approach towards improved access to mediation to resolve complex family disputes) are likely to fail.
The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.