Children Act 1989
- 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
- Welfare checklist - court is required to consider these things
- 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
- 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
- Safeguard and promote welfare of a child in need
- 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
- LA have power of parental responsibility to make long term provisions
- 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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