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The Children Act 1989 in the highest courts

The Children Act 1989 in the highest courts This article gives an account of the cases in which the Children Act 1989 has been interpreted and applied by the highest courts in the UK, the appellate committee of the House of Lords until October 2009 when their jurisdiction was taken over by the new Supreme Court of the UK. It explains the reasoning behind those decisions and how they did, or did not, reflect the thinking of the original framers of the Act. It concludes that, by and large, the Act has stood up well to judicial scrutiny but that the Human Rights Act 1998 has brought new challenges to which it must respond. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Children's Services Emerald Publishing

The Children Act 1989 in the highest courts

Journal of Children's Services , Volume 5 (2): 12 – Jun 30, 2010

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Publisher
Emerald Publishing
Copyright
Copyright © 2010 Emerald Group Publishing Limited. All rights reserved.
ISSN
1746-6660
DOI
10.5042/jcs.2010.0298
Publisher site
See Article on Publisher Site

Abstract

This article gives an account of the cases in which the Children Act 1989 has been interpreted and applied by the highest courts in the UK, the appellate committee of the House of Lords until October 2009 when their jurisdiction was taken over by the new Supreme Court of the UK. It explains the reasoning behind those decisions and how they did, or did not, reflect the thinking of the original framers of the Act. It concludes that, by and large, the Act has stood up well to judicial scrutiny but that the Human Rights Act 1998 has brought new challenges to which it must respond.

Journal

Journal of Children's ServicesEmerald Publishing

Published: Jun 30, 2010

Keywords: Children Act 1989; Supreme Court of the UK; Human Rights Act 1998; Local authorities' duties; Children in need

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