LPC

Study Unit Specifications (Elective Subject)

Code: UJXTU3-10-M

Title: Public Child Care and Housing Law & Practice

Version: 2

Level: M-level

UWE credit rating: 10

ECTS credit rating: 5 Module Type: Non-MAR

Owning Faculty: Social Sciences and Humanities

Field: n/a Field Leader: n/a

Valid From: September 2008 Discontinued from:

Contributes towards: Postgraduate Diploma in Legal Practice

Pre-requisites: none

Co-requisites: none

Excluded combinations: none

1. Rationale:

As with all study units on the programme, the rationale is to prepare the student for the first day of work as a professional lawyer (i.e. as a new trainee solicitor in a firm of solicitors). Specifically in this case, the rationale is to prepare the student to undertake Public Child Care and Housing matters in High Street firms, local authorities and advice centres, under the supervision of a suitably qualified and experienced principal.

2. Learning outcomes:

On completion of this study unit, students will be expected to be able (at a professional level) to:

2.1 Competently undertake research and enquiry tasks with minimum supervision to access, interpret, critically analyse and apply relevant knowledge, using the full range of learning resources;

2.2 Demonstrate an understanding of, and critically analyse the child protection provisions of, the Children Act 1989 and the Family Law Act 1996, and the statutory and regulatory provisions relevant to a publicly funded housing practice;

2.3 Demonstrate an understanding of the role of a solicitor acting for any of the respective parties in a public child-care case/ and the role of a solicitor in a publicly funded housing practice;

2.4 Identify the objectives of the client or social services department, critically evaluate the range of practical, legal and procedural considerations that are involved and the steps that may be taken to achieve the best possible outcome for the client or organization and to give appropriate advice on this;

2.5 Critically evaluate the structure of civil publicly funded services and be able to advise a client as to the availability of, and his/her eligibility for, Legal Help and Legal Representation in the context of a Public Child Care matter/ Housing matter;

2.6 Demonstrate initiative and originality in problem-solving and act autonomously in planning and implementing tasks at a professional level, making decisions in complex and unpredictable situations;

2.7 Draft the appropriate documentation relating to a Without Notice Application for an Emergency Protection Order;

2.8 Represent a client or social services department in pre-hearing discussions, and at a straightforward hearing at court, negotiating and handling conflict with confidence, and engaging confidently in professional communication with others, reporting on action clearly, autonomously and competently;

2.9 Critically analyse precedent documentation and draft statements of case in respect of issues concerning security of tenure, rent regulation, illegal eviction/ harassment and disrepair;

2.10 Gain an overview of the issues governing good practice;

2.11 Exercise initiative and personal responsibility in professional practice;

2.12 Adapt skills and/ or procedures for new situations.

3. Syllabus outline:

3.1 Part 1 of the study unit introduces students to the primary obligations of local authorities to support families with children and to protect children. The study unit identifies and explains the role of the professional advisers involved (solicitors for the local authority, parent(s), child(ren) and others; children’s guardian), the principles and factors which influence the decisions they may make, and the likely response of the Court.

3.2 In particular, the students will consider:

    3.2.1 Local authorities’ emergency powers to remove children from their homes;

    3.2.2 The meaning of the term “parental responsibility”;

    3.2.3 The availability of Section 8 Orders, the Family Courts, Rules of Court, Costs and Public Funding;

    3.2.4 Local Authority Care Proceedings;

    3.2.5 Post Care Proceedings, including Adoption;

    3.2.6 How to apply for leave to make an application without notice to the other side, and to negotiate the terms and directions of an Order.

3.3 Part 2 of the study unit introduces the students to some of the principal features of a publicly funded housing law practice. To this end, the study unit provides coverage of issues arising in the context of disputes concerning security of tenure (in both the public and private sectors), disrepair/unfitness and unlawful eviction/harassment.

3.4 In particular, the students will consider:

      3.4.1 Defending possession proceedings brought against a Housing Act 1985 secure tenant on grounds of nuisance/annoyance, rent arrears and domestic violence (including the requirements for a valid notice under s.83 of the 1985 Act);

      3.4.2 Defending possession proceedings brought against a Housing Act 1996 introductory tenant (including the requirements for a valid notice under s.128 of the 1996 Act);

      3.4.3 The requirements for the creation of a valid assured shorthold tenancy under the Housing Act 1988 and the drafting of a defence to accelerated possession proceedings in respect of such a tenancy (including the requirements for a valid notice under s.21 Housing Act 1988);

      3.4.4 Defending possession proceedings brought against a fully assured tenant on Grounds 1, 8 and 10 of Schedule 2 to the Housing Act 1988 (including the requirements for a valid notice under s.8 of the1988 Act);

      3.4.5 The law and procedure relating to the setting aside of an order for possession;

      3.4.6 The drafting of a defence and Part 20 counterclaim to possession proceedings on the grounds of landlord’s failure to comply with repairing obligations;

      3.4.7 The formulation of advice to a tenant on the possibility of mobilising a local authority into taking action under the Housing Act 1985 and/or Environmental Protection Act 1990 in respect of premises in an unacceptable condition;

      3.4.8 The identification of potential causes of action and remedies for the unlawful eviction of an assured tenant;

      3.4.9 The drafting of a letter of instruction to a surveyor to advise on the level of damages under s.28 Housing Act 1988;

      3.4.10 The drafting of particulars of claim for proceedings claiming damages for unlawful eviction.

4. Teaching & learning methods:

4.1 Self-study preparation and research in order to acquire knowledge and understanding;

4.2 Large group sessions and handouts in order to consolidate and develop knowledge and understanding;

4.3 Individual and group work centred on problem-based learning, involving management of information, analysis of complex facts and application of knowledge;

4.4 Role-play and oral presentations/ discussions to demonstrate understanding and effective communication of complex areas of law applied to detailed factual scenarios;

4.5 Drafting and amendment of legal documents, often involving the use of precedents, to demonstrate synthesis and application of knowledge and the ability to reach autonomous, competent decisions.

5. Indicative sources:

5.1 Relevant texts: ‘Manual of Housing Law’ by Arden & Hunter; and ‘The Children Act in Practice’ by White Carr & Lowe

5.2 Relevant statutory sources: Protection from Eviction Act 1977, Criminal Law Act 1977, Housing Act 1980, Housing Act 1985, Landlord and Tenant Act 1985, Housing Act 1988, Environmental Protection Act 1990, Housing Act 1996, Protection from Harassment Act 1997, Human Rights Act 1998, Access to Justice Act 1999, Children Act 1989, Adoption Act 1976, Adoption and Children Act 2002

5.3 Relevant regulatory sources: Civil Procedure Rules, SI 1997 No.72, Local Authority Circular 99(29), DoE Circulars 18/87 and 2/97, Housing Corporation: Regulatory Code and Assured Tenant’s Charter

5.4 Relevant case law: eg, Re M ( A Minor)(Care Order: Threshold Conditions) [1994] H/L; Re J (Minors)(Care Plan) [1994]; Re C (Local Authority: Assessment) [1996] C/A; Re O (A Child) (Supervision Order: Future Harm) [2001] C/A.

5.5 Other relevant sources: ‘Defending Possession Proceedings’ by Luba, Madge & McConnell, ‘Repairs: Tenant’s Rights’ by Luba; ‘Quiet Enjoyment’ by Arden, Carter & Dymond

6. Assessment Infrastructure:

6.1 One 3-hour unseen, open book examination (with an additional 30 minutes of reading time).

6.2 The examination constitutes 100% of the marks for the study unit. The pass mark is 50%.

Second and final attempts: Re-assessment is by the same method as detailed above. See Assessment Regulations for further details.

Specification confirmed by ............................................. Date ….... February 2004

(Associate Dean, Faculty of Law)

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