By Carole R. Smith, Mary T. Lane, Terry Walsh (auth.)
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Extra info for Child Care and the Courts
Mandamus is often applied for in the same proceedings as certiorari - thus the decision of a court may be quashed by certiorari and the court compelled to hold a proper hearing by means of mandamus. Mandamus, for example, was suggested as a remedy where a local authority suspended access by a natural parent to a child in care in order to consider the situation and make appropriate plans, but the length of the suspension jeopardised the relationship between child and parent. Mandamus would have ordered the suspension to be lifted and an early decision made (this situation should no 36 Child Care and the Courts longer arise as a result of a recent case in which a maximum of two to three weeks was deemed by the court to be a reasonable period for suspension of access).
Only by developing a close relationship with the legislative framework will social workers ensure that the former situation is achieved. Some particular observations in support of positive change In addition to our more general observations in the preceding section, there are good reasons why social workers should adopt a positive relationship with the legislative framework in terms of individual practice and the development of social work skills. First, Pincus and Minahan (1973) refer to a 'resurgence of interest in the commitment to client advocacy in the social work profession'.
For example, what does Parliament mean by 'best interests of the child' or 'first consideration'? Modern legislation is rife with such phrases, particularly the concept of 'reasonableness'. The intention of pointing out this confused area is not to make social workers despondent or engender a feeling of helplessness, or even to make them sympathetic to difficulties facing the judiciary, but simply to highlight the point that the judiciary will depend increasingly on the knowledge and expertise of social workers in choosing between alternatives which appear equally capable of being in the best interests of a child.