ABSTRACT
The Department of Health indicated in the original guidance that local authorities should ensure that the evidence produced to justify cancellation would stand up in court. (The guidance stated in para 7.52 that they should always obtain the advice of their legal department and sought to indicate some of the factors that may be taken into account). Earlier reports (Elfer and Beasley 1991) had suggested that the relationship with the legal department might be about ‘the balance that should be struck between giving providers of care the opportunity to improve standards and the duty of the local authority to ensure minimum standards to protect children.’ This has a slightly different ring to it!
