Child protection Flashcards
Child abduction - person connected with child - s1
s1 Child Abduction Act 1984
Either way
A person connected with a child under 16 commits an offence if he takes or send the child out of the UK without the appropriate consent.
Connected with a child meaning
s1(2) Child Abduction Act 1984
Includes:
Parent
Person who reasonably believes he is the father of the child (if child’s parents not married at time of birth)
Guardian
Special guardian - created by a special guardian order (SGO) made by courts which secures the child’s long term placement (this can enable a child, who cannot live with their parents, to remain in their family and does not end the legal relationship with parents) - lasts until child is 18
Person named in child arrangements order as a person with whom the child is to live, or
Person who has custody of the child
Appropriate consent
s1(3) Child Abduction Act 1984 Appropriate consent is consent from: Mother Father if he has parental responsibility Guardian Special guardian Person named in a child arrangements order as a person with whom the child is to live Any person who has custody of the child
s1 Defences
s1(4) Child Abduction Act 1984
It is a defence if they are a person named in a child arrangements order as a person with whom the child is to live and they take/send the child out of the UK for less than 1 month, or
They are a special guardian of the child and take/send the child out of the UK for less than 3 months.
Or
He does it in the belief that the other person has consented, would consent if aware of the circumstances, has taken all reasonable steps to communicate with the other person but been unable to or the other person refused to consent.
Child abduction - person not connected with child - s2
s2 Child Abduction Act 1984
Either way
It is an offence if D without lawful authority or reasonable excuse takes or detains a child under 16 so as to remove him from the lawful control of any person having lawful control of the child or
So as to keep him out of the lawful control of any person entitled to lawful control of the child.
Includes keeping a child in the place they are found and inducing the child to remain.
Consent of V is irrelevant.
s2 Defences
s2(3) Child Abduction Act 1984
It is an offence for D to prove where mother and father were not married at the time of birth, that he is the father or at time of alleged offence he had reasonable grounds to believe he was the child’s father, or
At the time of the alleged offence he believed the child was over 16.
Child cruelty - s1
s1 Children and Young Persons Act 1933 Either way A person who is over 16 and has responsibility for any child or young person under 16 wilfully assaults, ill-treats, neglects, abandons, or exposes him, causes or procures him to be assaulted ill treated, neglected, abandoned or exposed in a manner likely to cause him unnecessary suffering or injury to health is guilty. 2 categories - Instances of violent assault Cases of cruelty and neglect
Responsibility for child
Can be shared.
Matter of both fact and law.
Anyone with parental responsibility or other legal liability to maintain a child will be presumed to have responsibility for that child and that does not cease simply because they cease to have care of the child.
Babysitters may have responsibility while child is in their care.
If parent failed to provide adequate food, clothing etc. they will be deemed to have neglected the child.
Parent will also be deemed to have neglected the child if child (under 3) dies of suffocation while in bed with someone over 16 who was under the influence of rink or a prohibited drug when they went to bed to at any later time before the suffocation.
Police protection - s46
s46 states that a police officer has the power to remove a child if he has reasonable cause to believe they would otherwise suffer significant harm.
Also have power to prevent a child’s removal from hospital or other place.
This is known as taking them into police protection.
Child = under 18.
Harm covers all forms of ill-treatment and can cover impairment suffered from seeing/hearing the ill-treatment of another.
Can be in police protection for up to 72 hours.
Once done police officer must contact local authority, explain what’s happening to child and inform parent/guardian.
Local authority will provide accommodation for children taken into police protection once requested.
Emergency protection order - EPO
A police officer can still use s46 where an EPO of the child is in place
But only if there are compelling reasons why its needed
Designated officer
Designated officer at that police station who is responsible for inquiring into the case to safeguard the child and promoting the child’s welfare.
Should allow parents/guardians to have contact with the child if reasonable and in the child’s best interests.
May apply for an emergency protection order under s44 in which the court will order the child’s removal and gives the applicant parental responsibility of the child.
Contravention of emergency protection order or police protection - s49
s49 Children Act 1989
Summary
It is an offence to take away child or keep child away or induce, assist or incite child to run/stay away from responsible person in relation to a child who is in care, subject of an emergency protection order or in police protection.
Under s50 court may issue a recovery order to require someone to produce the child to an authorised person or give information about the child’s whereabouts.
