LA powers
- Created by: lucy arroyo
- Created on: 16-03-21 12:22
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- Local Authority Powers
- Duty to investigate
- s.37(1) Court direction in family proceedings (Re M [2003])
- s.47(1) - If brought to LAs attention that there is reasonable cause to suspect is suffering, or is likely to suffer (Birmingham CC [2009]
- Duty to consider
- s.47(3) - Whether or not to apply for a compulsory order. Or whether they should provide voluntary assistance under part III of the Act.
- s.47(5A) - The ascertainable views of the child
- s.47 - Access to the child
- Child Assessment Order (s.43)
- s.43(1) - applicant must have reasonable cause to suspect.. child is suffering or is likely to suffer significant harm
- s.43(6) - Person must product the child
- s.43(8) - Child with sufficient understanding can refuse medical or psychiatric examination
- s.43(3)&(4) - Court may instead grant an EPO
- Emergency Protection Orders (s.44)
- s.44(1) - Must be satisfied that there's reasonable cause to believe that the child is likely to suffer significant harm if (1) not removed from accommodation, (2) doesn't remain in accommodation and (3) frustrated access
- Future harm only - "the child is likely to suffer
- X Council v B [2005] - require proof of imminent danger and compelling evidence
- s.44A(1) - Exclusion of abuser from home
- s.45(9) - Discharge of EPO
- s.44(1) - Must be satisfied that there's reasonable cause to believe that the child is likely to suffer significant harm if (1) not removed from accommodation, (2) doesn't remain in accommodation and (3) frustrated access
- Police powers (s.46(1)
- Duty to investigate
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