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28 September 2011

New mental health law for old - safety-plus equals human rights minus [2002] CFLQ 175
The White Paper Reforming the Mental Health Act is summarised and evaluated. Whether or not the resulting legislation can withstand legal challenge under human rights law, the Government's...
Michael Cavadino
Articles filled_circle 28 September 2011
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28 September 2011

Do divorced women catch up in pension building? [2002] CFLQ 157
Rising divorce rates and residualisation of the basic pension make it urgent to ask whether divorced women of working age can build an adequate private pension for their retirement. Recent legislation...
Debora Price Jay Ginn
Articles filled_circle 28 September 2011
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28 September 2011

Special educational needs - the role of the courts [2002] CFLQ 137
The field of special educational needs, relevant to millions of children, generates considerable conflict. Rights, duties and discretion interact with resource allocation and policy issues. Since 1994...
Neville Harris
Articles filled_circle 28 September 2011
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28 September 2011

Briffett v Director of Public Prosecutions; Bradshaw v DPP Children, the press - and a missed opportunity [2002] CFLQ 103
The Administrative Court, in quashing the convictions of two editors for breaching an anonymity order under section 39 of the Children and Young Persons Act 1933, missed an opportunity to clarify the...
Mike Dodd
Articles filled_circle 28 September 2011
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28 September 2011

Royal Bank of Scotland plc v Etridge (No 2) The O'Brien defence - a compromise reworked? [2002] CFLQ 93
This commentary explores the recent decision of the House of Lords in Royal Bank of Scotland plc v Etridge (No 2) and considers its impact on the ability of a surety to set aside a loan transaction on...
Michael Haley
Articles filled_circle 28 September 2011
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28 September 2011

Re K (A Child) (Secure Accommodation Order: Right to Liberty) and Re C (Secure Accommodation Order: Representation) Securing human rights for children and young people in secure accommodation [2002] CFLQ 77
An analysis of decisions from the Court of Appeal on secure accommodation and human rights, focusing on the nature of secure accommodation, the source of the power to detain, the court's role and...
Judith Masson
Articles filled_circle 28 September 2011
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28 September 2011

Taking account of children's needs in divorce - a study of family solicitors' responses to new policy and practice initiatives [2002] CFLQ 57
This article considers family solicitors' responses to recent initiatives intended to improve legal practice in handling family breakdown. It discusses solicitors' practice and views in relation to...
Articles filled_circle 28 September 2011
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28 September 2011

Children's rights in education - making sense of contradictions [2002] CFLQ 45
The lack of children's rights in education and political resistance to reform in this area has attracted much critical attention. This article explores the distinctions between child law and education...
Daniel Monk
Articles filled_circle 28 September 2011
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28 September 2011

The practical operation of the Children Act complaints procedure [2002] CFLQ 25
This article considers the practical operation of the Children Act 1989 complaints procedure in a number of ways. Recent inquiries and Government reports are considered, as well as changes stemming...
Catherine Williams
Articles filled_circle 28 September 2011
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28 September 2011

Fractured families, fragile children - the sexual vulnerability of girls in the aftermath of divorce [2002] CFLQ 1
Overwhelming empirical evidence suggests that a female child faces a significantly elevated risk of being sexually abused after her parents' divorce, at the hands of a parent, a parent's partner, or...
Robin Fretwell Wilson
Articles filled_circle 28 September 2011
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