Children Act 1989

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  • Created by: asw123
  • Created on: 11-02-20 15:43
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  • 1989 Children Act
    • Split into 15 schedules and 100 sections
    • Key sections for exam - 1, 2, 7, 8, 17, 20, 31, 33, 44, 47
    • Three key concepts apply primarily to court decisions
      • Non-delay principle - delay can prejudice child's welfare
      • No-order principle - an order should only be made if it is better than not making one (e.g avoiding court if possible)
      • Welfare principle - welfare of the child is paramount (section 1)
        • Welfare checklist - court is required to consider these things
          • Ascertainable wishes and feelings of the child, physical emotional and educational needs, effect of circumstance change, age sex background etc, any harm?, parental capability, range of powers from the court
    • Combines private and public law
    • Section 8 - Child arrangement orders
    • Section 7 - Welfare reports
    • Section 17 - Prevention
      • Safeguard and promote welfare of a child in need
        • Child in need can be defined as : Unlikely to achieve or maintain a reasonable health or development of a similar child without services, without services the H/D would be impaired significantly, disabled
          • Disabled child = blind, deaf, dumb, mental disorder, handicapped
    • Section 20 - Duty to provide accommodation (voluntary
      • LA will provide for children with no parent, lost or abandoned children or in unsuitable care/accommodation
    • Section 31/33 - Care orders
      • LA have power of parental responsibility to make long term provisions
        • Grounds for supervision order (S35) = likely to suffer harm, harm attributable to care, beyond parental control
    • Section 37 - Power of court in family proceedings
    • Section 44 - orders for emergency protection
      • EPO - emergency protection order (8 then 15 days max) PPO - police protection order (72 hrs max) CAO - child assessment order (8 then 15 days max)
    • Section 47 - Investigations by LA
      • Inquire into children at 'significant harm' and decide what action is needed
    • No absolute criteria for SIGNIFICANT HARM
    • PROTECTION
      • 47 - usually 3rd party referral
      • 7 - court ordered
      • 37 - court ordered, likely to be known to court, must consider 31
    • PREVENTION
      • 17 - safeguard and promote welfare of children who are in need

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