Children Act 1989

Children Act for law exam

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  • Created by: shano
  • Created on: 15-02-12 11:41

Section 17 of the CA89

States that it is the duty of every local authoritie: to safegaurd and promote the welfare of children within their area who are in need and so far as is consistant with that duty, to promote the upbrining of such children by their families

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Section 20 of the CA89

states that local authorities have a duty to accomodate children in need on three grounds: abandonment, no person with PR, or parent prevented from looking after their children for whatever reason 

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Section 44 of the CA89

allows local authorities or any other person to apply to a court to remove a child, who is in immediate danger: the order can also be used to stipulate that a child remain in a safe place such as hospital, or that access is given to a child where it is being unreasonabily denied.

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section 47 of the CA89

this is the duty to investigate where there are reasonable grounds to suspect that a child may be being significantly harmed, or that they may be in the near future. harm can be physical, emotional, sexual, or through neglect.

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section 46 of the CA89

This gives police officers power of protection, i.e if the police visited a house and found that a child/children were in danger they could use their power of protection to keep the child/children safe.

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section 22 and 23 of the CA89

State that children should be kept together whenever possible and as near to home as possible, parents must be consulted about their childs placement and always know where their child is

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Section 18 of the CA89

the local authority may arranage for day care to be provided and if so this must take account the childrens race, religion, language and culture.

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section 31 of the CA89 (full care order)

Application to magistrates court, so it may be proved by a balance of probability that a child is faceing significant harm due to parents lack of care. This application will only be made if LA's can show there is no other way to protect a child in need.

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