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Study on Children's Involvement in Judicial Proceedings – Contextual Study on children’s involvement in judicial proceedings – contextual overview for administrative justice – UK (England, Wales and Northern Ireland) November 2014 (Research carried out between July 2013 and January 2014) Justice Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). Study on children’s involvement in judicial proceedings – contextual overview for administrative justice – UK (England, Wales and Northern Ireland) * A separate report has been drawn up on UK Scotland. July 2014 (Research carried out between July 2013 and January 2014) This National Report has been prepared by Gavin McBride for Milieu Ltd in partnership with ICF under Contract No JUST/2011/CHIL/PR/0147/A4 with the European Commission, DG Justice and Consumers. The information and views set out in this publication are those of the author(s) and do not necessarily reflect the official opinion of the European Union. Neither the European Union institutions and bodies nor any person acting on their behalf may be held responsible for the use which may be made of the information contained therein. European Commission – Directorate-General for Justice and Consumers More information on the European Union is available on the Internet (http://europa.eu). Luxembourg, Publications Office of the European Union, 2015 PDF ISBN 978-92-79-47533-7 doi:10.2838/454909 DS-04-15-220-EN-N © European Union, 2015 Reproduction is authorised provided the source is acknowledged. 1 Contents Abbreviations 5 Introduction 6 1 Overview of Member State’s approach to children in administrative judicial proceedings and specialised services dealing with such children 10 1.1 Brief description of judicial system and institutions 10 1.2 General approach towards children under administrative law: evolving capacities, best interests of the child, principle of non-discrimination 19 1.3 Monitoring mechanisms, multidisciplinary approach and training 22 2 Child-friendly justice in administrative judicial proceedings 26 2.1 The child as an actor in administrative judicial proceedings 26 2.1.1 Rules applicable to children involved in administrative judicial review proceedings 26 2.1.2 Procedural rules applicable to children involved in: i) proceedings for placement into care and proceedings involving the medical treatment of children; ii) proceedings relating to children below the age of MACR committing ‘criminal’ offences; iii) administrative sanctions relevant to children 26 2.1.3 Family procedural rules applicable to children involved in proceedings for placement into care 28 2.1.4 Procedural rules applicable to children involved in proceedings before administrative tribunals 29 2.1.5 Procedural rules applicable to children involved in asylum and immigration proceedings 30 2.1.6 Procedural rules applicable to children involved in health proceedings and in proceedings that involve children with SEN 31 2.1.7 Procedural rules applicable to children involved in proceedings linked to school admissions and exclusions 32 2.2 Provision of information 34 2.2.1 Rules applicable to children involved in administrative judicial proceedings 34 2.2.2 Procedural rules applicable to children involved in: i) proceedings for placement into care and proceedings involving the medical treatment of children; ii) proceedings relating to children below the age of MACR committing ‘criminal’ offences; iii) administrative sanctions relevant to children 34 2.2.3 Provision of information to children 34 2.2.4 Family procedural rules applicable to children involved in proceedings for placement into care 36 2.2.5 Procedural rules applicable to children involved in asylum and immigration proceedings 38 2.2.6 Procedural rules applicable to children involved in health proceedings and in proceedings that involve children with SEN 39 2.2.7 Procedural rules applicable to children involved in proceedings linked to school admissions and exclusions 40 2.3 Protection of the child’s private and family life 41 2.3.1 Rules applicable to children involved in administrative judicial review proceedings 41 2.3.2 Procedural rules applicable to children involved in: i) proceedings for placement into care and proceedings involving the medical treatment of children; ii) proceedings relating to children below the age of MACR committing ‘criminal’ offences; iii) administrative sanctions relevant to children 41 2.3.3 Family procedural rules applicable to children involved in proceedings for placement into care 43 2 2.3.4 Procedural rules applicable to children involved in proceedings before administrative tribunals 45 2.3.5 Procedural rules applicable to children involved in asylum and immigration proceedings 45 2.3.6 Procedural rules applicable to children involved in health proceedings and in proceedings that involve children with SEN 46 2.3.7 Procedural rules applicable to children involved in proceedings linked to school admissions and exclusions 46 2.4 Protection from harm during proceedings and interviews and ensuring a child-friendly process 46 2.4.1 Rules applicable to children involved in administrative judicial review proceedings 46 2.4.2 Procedural rules applicable to children involved in: i) proceedings for placement into care and proceedings involving the medical treatment of children; ii) proceedings relating to children below the age of MACR committing ‘criminal’ offences; iii) administrative sanctions relevant to children 47 2.4.3 Family procedural rules applicable to children involved in proceedings for placement into care 49 2.4.4 Procedural rules applicable to children involved in proceedings before administrative tribunals 54 2.4.5 Procedural rules applicable to children involved in asylum and immigration proceedings 54 2.4.6 Procedural rules applicable to children involved in health proceedings and in proceedings that involve children with SEN 56 2.4.7 Procedural rules applicable to children involved in proceedings linked to school admissions and exclusions 58 2.5 Right to be heard and to participate in administrative judicial proceedings 60 2.5.1 Rules applicable to children involved in administrative judicial review proceedings 60 2.5.2 Procedural rules applicable to children involved in: i) proceedings for placement into care and proceedings involving the medical treatment of children; ii) proceedings relating to children below the age of MACR committing ‘criminal’ offences; iii) administrative sanctions relevant to children 61 2.5.3 Family procedural rules applicable to children involved in proceedings for placement into care 62 2.5.4 Procedural rules applicable to children involved in proceedings before administrative tribunals 63 2.5.5 Procedural rules applicable to children involved in health proceedings and in proceedings that involve children with SEN 65 2.5.6 Procedural rules applicable to children involved in proceedings linked to school admissions and exclusions 66 2.6 Right to legal counsel, legal assistance and representation 67 2.6.1 Rules applicable to children involved in administrative judicial review proceedings 67 2.6.2 Procedural rules applicable to children involved in: i) proceedings for placement into care and proceedings involving the medical treatment of children; ii) proceedings relating to children below the age of MACR committing ‘criminal’ offences; iii) administrative sanctions relevant to children 68 2.6.3 Family procedural rules applicable to children involved in proceedings for placement into care 69 2.6.4 Procedural rules applicable to children involved in proceedings before administrative tribunals 71 2.6.5 Procedural rules applicable to children involved in asylum and immigration proceedings 72 2.6.6 Procedural rules applicable to children involved in health proceedings and in proceedings that involve children with SEN 73 2.6.7 Procedural rules applicable to children involved in proceedings linked to school admissions and exclusions 74 3 2.7 Restrictions of liberty 75 2.7.1 Procedural rules applicable to children involved in asylum and immigration proceedings 75 2.7.2 Procedural rules applicable to children involved in health proceedings 76 2.8 Remedies or compensation for violation of rights and failure to act 77 2.8.1 Rules applicable to children involved in administrative judicial review proceedings 77 2.8.2 Procedural rules applicable to children involved in: i) proceedings for placement into care and proceedings involving the medical treatment of children; ii) proceedings relating to children below the age of MACR committing ‘criminal’ offences; iii) administrative sanctions relevant to children 77 2.8.3 Family procedural rules applicable to children involved in proceedings for placement into care 79 2.8.4 Procedural rules applicable to children involved in proceedings before administrative tribunals 80 2.8.5 Procedural rules applicable to children involved in asylum and immigration proceedings 80 2.8.6 Procedural rules applicable to children involved in health proceedings and in proceedings that involve children with SEN 81 2.8.7 Procedural rules applicable to children involved in proceedings linked to school admissions and exclusions 82 2.9 Legal costs 83 2.9.1 Rules applicable to children involved in administrative judicial review proceedings 83 2.9.2 Procedural rules applicable to children involved in: i) proceedings for placement into care and proceedings involving the medical treatment
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