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Social Care News: Family court - Lawyers warning over care changes

1 min read
Lawyers are urging the Government to avoid changes to care hearings that could put the human rights of children and families at risk.

Under one proposal, court hearings to take children into local authoritycare could be divided into two parts - establishing the facts anddetermining the care plan. It would have to be decided "where and inwhat way" lawyers would be involved, according to the terms of referencefor the Government's review of child care proceedings.

But children's lawyers fear this could mean that they would be excludedfrom one of the two hearings and that the human rights of children andfamilies would be compromised as a result.

Yvonne Brown, chair of the family law group Resolution, urged theGovernment to make its plans clear. She said: "If they try to remove theparents' right to a fair hearing I would think the Government would beopening itself to challenge. I am not saying they are suggesting that,but if they did do it then it would be likely to be in breach of theHuman Rights Act and open to judicial review. It just isn't clear to uswhat they have in mind or where its starting position is."

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