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Michael Preston-Shoot - Making Good Decisions: Law for Social Work Practice

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Michael Preston-Shoot Making Good Decisions: Law for Social Work Practice
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Making Good Decisions
Focus on Social Work Law
Series Editor: Alison Brammer
Red Globe Presss Focus on Social Work Law series consists of compact, accessible guides to the principles, structures and processes of particular areas of the law as they apply to social work practice. Designed to develop students understanding as well as refresh practitioners knowledge, each book provides focused, digestible and navigable content in an easily portable form.
Available now:
Looked After Children, Caroline Ball
Child Protection, Kim Holt
Capacity and Autonomy, Robert Johns
Making Good Decisions, Michael Preston-Shoot
Children in Need of Support, Joanne Westwood
Safeguarding Adults, Alison Brammer
Court and Legal Skills, Penny Cooper
Youth Justice, Jo Staines
Mental Health, Christine Hutchison and Neil Hickman
Author of the bestselling textbook Social Work Law, Alison Brammer is a qualified solicitor with specialist experience working in Social Services, including child protection, adoption, mental health and community care. Alison co-ordinates the MA in Child Care Law and Practice and the MA in Adult Safeguarding at Keele University.
Making Good Decisions
Law for Social Work Practice
Second edition
Michael Preston-Shoot
Michael Preston-Shoot under exclusive licence to Springer Nature Limited 2019 - photo 1
Michael Preston-Shoot, under exclusive licence to Springer Nature Limited 2019
All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission.
No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 610 Kirby Street, London EC1N 8TS.
Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages.
The author has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988.
This edition published 2019 by
RED GLOBE PRESS
Previous edition published under the imprint PALGRAVE Copyright year 2014
Red Globe Press in the UK is an imprint of Springer Nature Limited, registered in England, company number 785998, of 4 Crinan Street, London N1 9XW.
Red Globe Press is a registered trademark in the United States, the United Kingdom, Europe and other countries.
ISBN 9781352006278 paperback
This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin.
A catalogue record for this book is available from the British Library.
A catalog record for this book is available from the Library of Congress.
Contents
Table of cases
A and Another v Essex County Council [2003] EWCA Civ 1848 35
A and Others v Secretary of State for the Home Department [2004] UKHL 56 58
A & S (Children) v Lancashire County Council [2012] 15 CCLR 471 42, 64, 77, 121, 152
A County Council v SB [2010] EWHC 2528 (Fam) 133
A Local Authority v AT and FE [2017] EWHC 2458 (Fam) 119
A Local Authority v K (by the Official Solicitor), Mr and Mrs K and a NHS Trust [2013] EWHC 242 (CoP) 96
A Local Authority v WMA [2013] EWHC 2580 102
A v Enfield LBC [2016] 19 CCLR 236 26
A v UK [1999] 27 EHRR 611 57
ABC v Principal Reporter and Others [2018] CSOH 81 77
AD and OD v UK [2010] ECHR 340 63
AG v BMBC and SNH [2016] EWCOP 37 162
AH (by his litigation friend RH) v (1) Hertfordshire Partnership NHS Foundation Trust and (2) Ealing Primary Care Trust [2011] 14 CCLR 301 94
AJ (Deprivation of Liberty Safeguards [2015] EWCOP 5 102, 105
AK v Central and North West London Mental Health NHS Trust and Kensington and Chelsea LBC [2008] 11 CCLR 543 43
AR v Homefirst Community Trust [2005] NICA 8 63
Armes v Nottinghamshire County Council [2017] UKSC 60 42
Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 26
B v Lewisham LBC [2008] EWHC 738 (Admin) 24
Barrett v Enfield LBC [1999] 3 All ER 193 25, 29, 41, 62
Barrett v Kirklees MBC [2010] EWHC 467 (Admin) 35
Bath and North East Somerset v A Mother and Others [2008] EWHC B10 (Fam) 48, 121
Bolam v Friern Hospital Management Committee [1957] 2 All ER 118 40, 122, 163, 164
Bolitho v City and Hackney Health Authority [1997] 4 All ER 771 40, 166
Bracking and Others v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 65, 70 Burnip v Birmingham City Council [2012] EWCA Civ 629 70
C v Blackburn with Darwen Council [2011] EWHC 3321 (COP) 102
C v Flintshire County Council [2001] 2 FLR 33 42
Cardiff Council v Peggy Ross {2011] CoP Case Number 12063905 97 CC v KK and STCC [2012] EWHC 2136 (CoP) 94, 99
CN and GN (through their Litigation Friend, the Official Solicitor) v Poole Borough Council [2017] EWCA Civ 2185 44
Council of Civil Service Unions v Minister of State for the Civil Service [1984] 3 All ER 935 26
Coventry City Council v C, B, CA and CH [2012] EWHC 2190 (Fam) 23, 27, 28
CP v North East Lincolnshire Council [2018] EWHC 220 (Admin) 118, 135
D v East Berkshire Community Health NHS Trust and Others [2005] UKHL 23 42
DL v A Local Authority and Others [2012] 15 CCLR 267 108
DL v South London & Maudsley NHS Foundation Trust & Secretary of State for Justice [2010] UKUT 455 (AAC) 36
DM (a person under disability) acting by his next friend, Kathleen McCollum, for judicial review [2013] 16 CCLR 39 14, 82
Davis v West Sussex County Council [2012] EWHC 2152 (QB) 27, 34 Donoghue v Stevenson [1932] AC 562 11
E and Others v UK [2002] The Times, 4 December 62
Edwards and Another v UK [2002] 35 EHRR 19 57
EH v London Borough of Greenwich [2010] EWCA Civ 344 64, 79
Essex County Council v RF and Others (Deprivation of Liberty and Damage) [2015] EWCOP 51 10, 58, 102
Fraser v Winchester Health Authority [1999] The Times, 12 July 166
G v E (by his litigation friend, the Official Solicitor), Manchester City Council and S [2010] EWHC 2042 (Fam) 24, 82, 102, 109
Gaskin v UK [1989] 12 EHRR 36 135, 136
Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112 106, 107, 136
GW v A Local Authority [2014] EWCOP 20 97, 99
H & L v A City Council and B City Council [2010] EWHC 466 (Admin) 128
HC (A Child) v Secretary of State for the Home Department and Another [2013] EWHC 982 (Admin) 58
Heinisch v Germany [2011] IRLR 922 161
Hillingdon LBC v Neary (by his litigation friend, the Official Solicitor) and Mark Neary (interested party Equality and Human Rights Commission) [2011] EWHC 1377 (CoP) 24, 31, 32, 36, 60, 102
HL v UK [2004] 40 EHRR 761 60, 100, 101
HN (A Minor) [2010] NIQB 86 23, 117
Hunter v Hanley [1955] 1st Division, Court of Session, Scotland 40 JE v DE and Surrey Council Council [2006] EWHC 3459 (Admin) 102 Johnson v UK [1997] ECHR 88 29, 62
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