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NIE Volume 2 > Child Protection > Flashcards

Child Protection Flashcards

1
Q

Child Abduction By A
Person Connected
With A Child
Section 1 Child Abduction Act 1984

A

It is an offence for a person connected with
a child aged under 16 - to either:
*Take; or
*Send,
-the child outside the UK without
obtaining the appropriate consent.

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2
Q

Who Can Commit
The Offence?

A

Offender?
The offence can only be committed
by persons connected
to the child aged under 16.

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3
Q

Definition Of Persons
Connected To The
Child
Section 1(2) Child Abduction Act 1984
6 categories

A

Category 1
Parents

Category 2
An unmarried father
who has reasonable grounds
to believe
that they are the child’s father.

Category 3
Guardians

Category 4
Special guardians
— appointed under a
Special Guardian Order

Category 5
A person named in a
Child Arrangements Order
as a person with whom
the child is to live

Category 6
A person with
custody of the child.

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4
Q

What Positive Act
Must The Connected
Person Do?

A

The Positive Act
The connected person must either:
* Take; or
* Be responsible for sending
.the child aged under 16 - out of
the UK themselves.

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5
Q

What Must The
Connected Person
Fail To Do?

A

The Omission
The connected person
must have failed to obtain
the appropriate consent
before taking or sending
the child under 16
outside of the UK.

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6
Q

Definition of
Appropriate Consent
Section 1(3) Child Abduction Act 1984
Either of 2 situations…

A

Situation 1
Consent will only be appropriate
when each of the following persons
have provided their consent.

Category 1
Mother

Category 2
Father
-if they have
parental responsibility
for them.

Category 3
Guardians

Category 4
Special guardians
— appointed under a
Special Guardian Order

Category 5
Any person named in a
Child Arrangements Order
— as a person with whom
the child is to live

Category 6
Any person with
custody of the child.

Situation 2
When there is a Custody Order in force
-leave (permission)
of the court has been granted.

Is The Offence Committed When The
Appropriate Consent Was Obtained
Before Taking Or Sending The Child
Out Of The UK - But The Child Is Not
Returned Thereafter?

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7
Q

Permission to
Prosecute

A

Who Will Provide Permission To
Prosecute?
Director of Public Prosecutions
(DPP)

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8
Q

Defences

Section 1(4)-(5) Child Abduction Act 1984

A

Defence
2 variants

Variant 1
The offence will not be committed by a person named
in a Child Arrangements Order
as a person with whom the child is to live…
..who takes or sends the child out of the UK for a period
of less than 1 month…
…unless they do so in breach of an order under Part Il of
the Children Act 1989.

Variant 2
The offence will not be committed by a special
guardian of the child
.who takes or sends the child out of the UK for
a period of less than 3 months…
..unless the do so in breach of an order under
Part Il of the Children Act 1989.

Defence 2

A person does not commit an offence
(by doing anything without the consent
of a person from whom consent is
required) — if they do so in the belief
that the person either:
* Has consented; or
*Would have consented - if they
were aware of all of the relevant
circumstances.

Defence 3

A person does not commit an offence
(by doing anvthing without the consent
of a person from whom consent is
required) — if both:
*They have taken all reasonable
steps to communicate with the
person
but has been unable to do so.

Defence 4

A person does not commit an offence (by
doing anything without the consent of a
person from whom consent is required)
…if the person has
unreasonably refused consent…
unless either of 2 exceptions apply

Exception 1
The person who refuses consent either:
* Is named in a Child Arrangements Order as a
person with whom the child is to live
* Is a special guardian of the child; or
* Has custody of the child.

Exception 2
The person
taking or sending the child
out of the UK
is doing so in breach of an order
made by a UK court.

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9
Q

Child Abduction By
Persons Not Connected
With The Child
Section 2 Child Abduction Act 1984

A

It is an offence for a person connected with a child under
the age Of 16 * to without ether:
* Lawful Authority. or
* Reasonable excuse
. either:
* Take: or
* Detain
..a child under the age of 16 — so as to have either of 2
effects.

Effect 1
Remove them
from the lawful control
of any person entitled to lawful control
of the child.
(i.e. substituting authority from the person
who has lawful control)

Must The Child Be Under The Lawful
Control Of The Person Entitled To
Exercise It At The Time Of Being
Taken Or Detained?
Yes

Effect 2
Keep them out of
the lawful control of
any person entitled to lawful control
of the child.

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10
Q

What Constitutes
Removing The Child
From Lawful Control?
Either of 2 actions:

A

Action 1
Physically removing
the child
to another place.

Action 2
Not physically removing the child
but deflecting the child
in such a way as to
assume control over them

Must The Child Be Under The Lawful
Control Of The Person Entitled To
Exercise It At The Time Of Being
Kept Out Of Lawful Control?

No

e.g. keeping the child
at a place where they
are found

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11
Q

Who Can Commit
The Offence?

A

The Offender
Persons not connected
to the
child aged under 16.

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12
Q

Definition Of Persons
Unconnected To The
Child
Any person who does not fit into the
following categories,

A

Category 1
When the parents were married
at the time of birth — both:
* Mother; and
* Father.

Category 2
When the parents were
not married at the time of birth:
*Only the mother
* Not the father

Category 3
Guardians

Category 4
Special guardians
— appointed under a
Special Guardian Order

Category 5
Any person named in a
Child Arrangements Order
— as a person with whom
the child is to live

Category 6
Any person with
custody of the child.

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13
Q

What If The Child
Consents To Being
Taken Or Detained?

A

Effect Of Consent?
No defence

Defence 1
At the time of acting
-they believed the
child had attained 16 years of age.

Defence 2
Where the father and mother were not
married at the time of the child’s birth:
* They are the father; or
*They believed on reasonable grounds
that they are the child’s father.

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14
Q

Child Cruelty
Section I Children & Young Persons Act 1933

A

Who Can Commit The Offence?
It is an offence for a
person aged 16 or over
(at the time of the offence)
-who has responsibility for a
child or young person
under 16 years of age…

Mens Rea?
.who willfully either:
*Themselves; or
*Cause another to; or
* Procure another to..

Actus Reus?
.either:
* Assault;
* Ill-treat - (physically or otherwise);
* Neglect - (an omission to care);
*Abandon; or
* Expose.

.the child under 16 - in a manner to
cause - unnecessary:
* Suffering to the child or
* Physical or psychological injury to the health
of the child.

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15
Q

Status Of The
Defendant At The
Time Of Committing
The Offence?

A

2 Factors
The defendant must at the time of the
commission of the offence — both:
*Be aged 16 or over; and
* Have responsibility for a child or young
person under 16 years of age.

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16
Q

Establishing
Responsibility For
The Child

A

Who Has Responsibility?
It is a question of fact
whether a person has
responsibility for the child.

Can More Than One Person Have
Responsibility For The Child At
The Same Time?
Yes

Persons With Parental
Responsibility
Any person who has
Parental Responsibility
for a child will be presumed to
have responsibility
even when the child
is not under their care.

Can Responsibility For The Child
Be Temporary?
Yes
e.g. babysitters

17
Q

Wilful Acts
Lack Of Medical
Care

A

Wilfulness will be established for lack of
medical care where either:
* The accused was aware that the child’s
health might be at risk - if they were not
provided with medical care.
* The accused’s non-awareness Of the
risk to the child - was due to them not
caring whether the child’s health was at
risk or not.

18
Q

Neglect

A

Definition Of Neglect?
An omission
to discharge
the responsibility to care.

Presumption 1
A person aged 16 or over who has responsibility for a
child under 16 - will be presumed to have neglected
them - If they fail to provide adequate:
* Accommodation;
* Food;
* Clothing; or
* Medical aid.

Presumption 2
A person aged 16 or over
who has responsibility
fora child under 3
-will be presumed to have neglected them
if 3 steps are satisfied..

Step 1
The child under 3
was in bed
(or in other furniture used for
sleeping - e.g. a sofa)
with the person responsible for
them.

step 2
The person responsible for the child was
under the influence of either:
*Alcohol; or
*A prohibited drug.

Step 3
The child died from suffocation —
(caused by rolling over of the
responsible person etc.)
NB — the suffocation was not
caused by either a
disease or a blockage.

19
Q

Abandonment

A

Definition Of Abandonment
Leaving a child
to its fate.

Is The Result Of Unnecessary
Suffering Or Injury To Health
Required?
No
It is only necessary to prove that the person
acted in a manner likely to cause
unnecessary suffering or injury to health.

20
Q

Police Protection
Section 46 Children Act 1989

Constables Powers
2 powers

A

Power 1
Both:
— Removal
*Remove a child (under 18) to suitable
accommodation; and
*Keep the child there.

Power 2 — Keeping In Situ
Take such steps as are reasonable to ensure
the child (under 18) is prevented from being
removed from any:
*Hospital; or
*Other place where they are accommodated.

21
Q

Grounds For
Exercising The
Powers

A

Belief
The constable has
reasonable cause to believe that
if they do not exercise either power
a child (under 18) would otherwise be
likely to suffer significant harm.

Reasonable Person Test
The reasonable cause
to believe
is an objective test
— i.e. would a reasonable person
have also formed such a belief.

22
Q

Definition Of Harm
3 forms

A

Form 1
Impairment of
physical health.

Form 2
Impairment of
mental health.

Form 3
Impairment of
physical, emotional,
social or behavioural
development.

23
Q

Cause Of The
Significant Harm?
2 causes

A

Cause 1
Ill treatment
directed towards
the child themselves.

Cause 2
The
child seeing or hearing
the ill treatment of
another person.

24
Q

Maximum Duration
Of Police Protection

A

Maximum
The child can be
kept in police protection
for a maximum
of 72 hours.

25
Q

Can A Child Who Is
Already Subject To An
Emergency Protection
Order (EPO) Be Taken
Into Police Protection?

A

When an EPO is in force — the removal of
children should normally be effected under the
EPO rather than Via police protection
unless both:
*There are compelling reasons to take the
child into police protection; and
* It is not reasonably practicable to execute
the EPO.

26
Q

ACTION TO BE TAKEN BY THE INITIATING OFFICER ONCE THE CHILD HAS BEEN TAKEN INTO POLICE PROTECTION

A

Who Must Take Steps?
The Initiating Officer
- who takes the child into police
protection.

When Must They Take Steps?
They must take
the following steps
ASAP.

Step 1
Inform the local authority within the area that the
child was found.
*What steps have been taken;
*What steps are proposed to be taken; and
*Why the steps have / will be taken.

step 2
Inform the local authority
within the area that the
child was ordinarily resident
- where the child is being kept.

Step 3
If the child IS capable of understanding — inform them
of.
* What steps have been taken;
* Why the steps have been taken, and
* What further steps may be taken In the future.

Step 4
So far as is
reasonably practicable
— ascertain the wishes and feelings
of the child.

step 5
Ensure that the
Designated Officer
makes the necessary enquiries.

Step 6
Take all steps as are reasonably practicable to inform:
* The child’s parents:
* Any other person with parental responsibility Of the child.
or
* Anybody with whom the child was living before being
taken into police protection;
.0f the action taken. why it has been taken and any
further steps to be taken in relation to the child.

27
Q

Removing The Child
Placed In Protection
To Suitable
Accommodation

A

Who Must Take Action?
The Initiating Officer must,
ASAP after taking a child
into police protection
-ensure that the child is moved to
suitable local authority
accommodation.

If the child has not been
removed into
local authority accommodation
immediately
they should be removed into
local authority accommodation
ASAP thereafter.

Is A Police Station Suitable
Accommodation?
No

Can A Child Placed In Police
Protection Ever Be Taken To A
Police Station?
Only in exceptional circumstances
— e.g. for a short period, as an interim measure
when suitable local authority accommodation is
not immediately available.
NB — never the cell block.

28
Q

THE FUNCTIONS OF THE DESIGNATED OFFICER

A

Who Appoints The Designated
Officer?
Chief of Police
from their force

29
Q

Initial Action To Be
Taken By The
Designated Officer?
3 steps

A

Step 1
Enquire fully
into the case.

step 2
Do what is reasonable in all the
circumstances for the purpose of
safeguarding or promoting
the child’s welfare
(having regard to the duration of the
protection)

Step 3
Allow any of the following to have such
contact with the child
as is both reasonable
and in the child’s best interests…

  • The child’s parents;
  • Anv other person with parental responsibility of the
    child; or
  • Anybody with whom the child was living before
    being taken into police protection;
  • Anybody with a contact order; and
  • A person acting on behalf Of any Of the above
    categories.

Further Action That May Be Taken
By The Designated Officer?
The Designated Officer
may also apply for an
Emergency Protection Order (EPO).

Can The Initiating Officer And The
Designated Officer Be The Same
Person?
No
There must be a separation of functions.

Action To Be Taken By The
Designated Officer Once They Have
Completed Their Enquiries?
The Designated Officer must release the
child from police protection..
unless there is still reasonable cause for
believing that the child would be likely to
suffer significant harm if released.

Will The Initiating Officer Or The
Designated Officer Have Parental
Responsibility For The Child Whilst
They Are In Police Protection?
No

30
Q

THE ACTION TO BE TAKEN BY THE LOCAL AUTHORITY

A

Duty To Conduct Enquiries
Once notified the local authority
must make such
enquiries as are necessary
to enable them to decide
whether to take any action
to safeguard the child’s welfare.

31
Q

THE SCOPE OF EMERGENCY PROTECTION ORDERS (EPOs)

A

Scope 1
Order the removal
of a child
to accommodation.

Scope 2
Order preventing
the removal of a child
from any other accommodation
(including a hospital)
where they were accommodated
immediately before
the making of the order.

Scope 3
Order
excluding persons
from the
dwelling where the child lives.

Scope 4
Directions for
contact with the child.

Scope 5
Directions for
psychiatric or medical assessment.

Scope 6
Grant
parental responsibility
to the applicant
for the duration of the EPO.

32
Q

CONTRAVENTION OF A PROTECTION ORDER OR POLICE PROTECTION

A

Definition Of A Responsible
Person?
Any person who for the time being, has
care of a child under 18 - by virtue of either:
*Care order;
*Emergency Protection Order; or
* Police Protection.

33
Q

Contravention Of A
Protection Order Or
Police Protection
Section 49 Children Act 1989

A

Definition
A person commits an offence if - knowingly
and without either:
*Lawful authority; or
* Reasonable excuse..

in relation to a child - who is either:
*In care;
*Subject to an emergency protection order;
or
*In police protection…

…they either:
*Take a child away from the Responsible
Person;
* Keep a child away from the Responsible
Person; or
* Induce, assist, or incite a child to run away or
stay away from the Responsible Person.

34
Q

RECOVERY ORDERS

A

When Can A Recovery Order be
Made?
The court can issue a recovery order - when the
child:
*Is taken;
*Is missing; or
* Has run away.

Terms Of The Recovery Order?
The order shall require persons to both:
*Give information about the child’s
whereabouts; and
*Produce the child.

Power Of A Constable When
Exercising A Recovery Order?
The order will authorise
a constable to
enter any premises
- to search for the child.

NIE Volume 2 (29 decks)

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