Acts + legislation, CYPLaw

Question 1

UK age of criminal responsibility

Answer 1

10, since Children and Young People Act 1933

Question 2

Abolishment doli incapax

Answer 2

Crime and Disorder Act 1998, s34

Question 3

Kilbrandon report and its resulting policy change

Answer 3

Kilbrandon report 1964
Social Work (Scotland) Act 1968

Question 4

Anti-Social Behaviour Order

Answer 4

Crime and Disorder Act 1998

Blair

Question 5

Introduction of Special Measures

Answer 5

Youth Justice and Criminal Evidence Act 1999

Question 6

‘Grooming’ as a sexual offence

Children guilty of sexual offences

Answer 6

Sexual Offences Act 2003

- s13 - children can be guilty, can be put on Sexual Offenders register

Question 7

Kilbrandon Report recommendations into Scottish system

Answer 7

Social Work (Scotland) Act 1968

Question 8

Consent for 16-18 year olds governed by

Answer 8

Family Law Reform Act 1969
- consent required, otherwise trespass to person
(but in reality, can’t refuse)

Question 9

Competence in decision making, 16-18 year olds

Answer 9

Mental Capacity Act 2005, s2 and 3

• incompetent if unable to make or communicate decision because of ‘impairment of, or disruption in functioning of mind or brain’
• shouldn’t assume incompetence just because of eg condition
• to consent, must be able to - understand, retain, weigh up relevant information, and communicate the decision
• can be competent even if only for short time

Question 10

Competence in decision making, ‘mature’ minors

Answer 10

Gillick 1985, Lord Scarman (contraception)
- if minors of sufficient intelligence and understanding, can provide consent

Lord Fraser’s checklist:

• understands advice
• cannot be persuaded to inform (parents)
• condition for which consent is needed is already affecting child
• without (contraception), physical/mental health will suffer
• best interests of the child

Question 11

Child as a rights holding individual

Answer 11

UNCRC 1981
s12 - right to have views heard and acknowledged in court. Weight given to views adjusted according to age and maturity of the child

Question 12

Local authorities must ascertain child’s wishes and feelings

Answer 12

Children Act 2004

Question 13

Children Act 1989

s1, 2/3, 8, 11

Answer 13

s1 - welfare of the child paramount
s2+3 - lays out parental responsibility
s8 - child arrangement orders - with whom and when the child has contact - + prohibited steps and specific issue orders
s11 - proper proceedings of child arrangement orders, should be timely, practical, appropriate

Question 14

Presumption that father’s involvement furthers child’s welfare

Answer 14

Children and Families Act 2014

• should always have contact as long as safe
• need evidence (eg domestic violence) if claim unsafe - resisted by women’s groups
• Child Arrangements Orders, not residence/contact orders
• required to attend MIAM - mediation information and assessment meeting - before going to court (not free unless legal aid means tested, not enforced)
• 26 week time limit for care proceedings (adoption)
• removal of requirement to consider ethnicity in placement

Question 15

Children Act 1989

s17, 20, 23

Answer 15

s17 - responsibilities of LA to provide services for children in need (impaired health or development without service provision, or disabled) and their families
s20 - provision of accommodation for children - if no-one with parental responsibility, lost/abandoned, person caring for child unable to provide suitable accommodation. Need to ascertain child’s wishes and feelings re provision of accommodation, and give due consideration. Can refuse if given all relevant info and competent to decide.
s23 - range of placement options for looked after young person - foster care, children’s home - or if more independent, supported accommodation

Question 16

Housing Act 1996

Answer 16

Part VII - homelessness

• interim duty to accommodate in case of apparent priority need
• duties to children (in priority need) and unintentionally homeless
• fastest way to get immediate accommodation, and will assume ‘child in need’ without going through children’s services needs assessment

Question 17

Children as priority need for accommodation

Answer 17

The Homeless (Priority need for Accommodation) Order 2002
- child aged 16/17, or young adult 18-20 who was looked after, accommodated or fostered between ages 16-18

Question 18

First Adoption Act

Answer 18

1926

• pressure from middle classes to allow adopted children to inherit land and titles
• Guardian ad litem to represent child’s interests

Question 19

Adoption Act 2002

Answer 19

• placement orders (placed for adoption so can look for family)
• special guardianship orders (some PR to relatives)
• consent must be validly given or properly dispensed with (if in child’s best interests)