child protection Flashcards
4 approaches to child protection
L fox harding 1996-
1. patriarchy- state does as little as possible
2. child welfare- state knows best for children, families must operate within state peramiters
3. defense of the birth family- emphasis on psychological benefits of remaining with birth parents, state intervention is last resort
4. child rights/liberation- all parties should act to enable the child to best exercise autonomy
- voluntary services- for those in need
-services that the LA legally have to provide but they dont have to be engaged with, need consent from person engaging with
-voluntary accomodation, family assistance orders, services provided by LA
a. voluntary accommodation
a relationship between the council and the individual no court
-the council on a temporary basis can house a child
-R (on the application of SA) v kent county council 2011- a duty to explore whether they can be placed with friends or family if possible
-Re N 2015- the parent with PR can object (why ists voluntary)
-Hertfordshire council v AB 2018- should not be used in the long term
statutory basis for voluntary accomodation
-children act 1989 sc20
-a duty to accommodate any child in need in the areas who appears to need accommodation as a resul of
a. there being no one to care for them
b. being lost or abandones
c. the person caring for them being prevented from providing them with suitable accommodation
(8)- any person who has PR can remove the child from accommdation
who do they not owe this duty to?
(7) if any person who-
(a) has PR for them and
(b) is willing and able to
(i) provide accommodation for him or
(ii) arrange for accommodation to be provided for him
and objects
(4)- discretion to accommodate if would promote or safeguard the childs welfare even if there is an objection/ PR can accommodate
(3)- must provide for any child in need who has reached the age of 16 and whose welfare is likely to be seriously prejudices if they do not
what makes it voluntary
(6) so far as is reaonably practical and consistent with the childs welfar-
(a)- ascertain the childs wishes regarding the provisions of accommodation
(b)give due consideration to such wishes
(8)- PR can object
what does in need mean
(10) a child shall be taken to be in need if-
(a) he is unlikely to or have the opportunity to achieve/maintain a reasonable standard of health or development without the provision
(b)his health or development is likely to be significantly impaired, or further impaired without the provision or
(c) he is disabled
(11) defines disabled- blind, deaf, dumb, or suffer from a mental disorder or handicapped
A v London Borough on Enfiled 2016- reason for need is irrelevant just the fact that there is a need
services for in need children
sc17(1)- general duty of every LA
(a) to safeguard and promote the welfare of children in the area in need
(b)so far as in consistent with that duty, to promote the upbringing of such children by their families
(5)shall facilitate the provision of these sercies by voluntary organisations
(6) can include help in kind, cash grants or accommodation
-LA can ask for repayment but not if they get certain benefits
-doesnt create a specific right for individuals (cant sue if not helped)
R (on the application of G) v Barnet 2003- council could only house 2/3 kids, parents sued, not enforceable claim
b. family assistance order (for willing parents)
-court order permitted in proceedings along side other orders in the children act 1989
-make available a LA or famil proceedings officer to advice, assist and befriend any peron named in the order
-(3)(b) everyone names in the order must consent
-can be made for parent, guardian, anyone looking after the child or child themselves
-CAFCAS reason- for willing parents lacking skills who need short term help
-Lasts under 6 months
2.orders for in danger of significant harm (emergency orders)
police protection orders
EPO
secure accommodation
assessmnet orders/ investigations
a. investigations
sc47- if a child in the area is in police protection or subject to an emergency protection order or have reasonable cause to believe is suffering or is likely to suffer significant harm, they have a duty to make enquired to enable them to decide whether they should take any action to safeguard ir promote the childs welfare
-A local authority v A and B 2010- parents kept children locked in rooms at night for own safety, LA activated this duty due to worry childs rights being violated, concern for HR does activate this duty, LA overconcerned as HR not violated by loving regime, criticised LA as seeking to control rather than support
purpose of investigations
(3) to determine whether the LA should make an application to court under this act;
(ii)- exercise any of their other powers under this act
(iii)- exercise any of their powers under sc11 of the crime and disorder act 1998 or
(iv) wales- exercise any of their powers under the social services and well-being act 2014
with respect to the child
during investigation
-if denies access to child or denied knowledge of their wareabouts LA should apply for an emergency protection order, a child assessment order, a care order or a supervision order
b. investigation orders sc37
- an order for the court instructing the LA to do an investigation to whether they need to apply for a care order, offer services for family or take any other action
-reason= court cannot initiate a care order on its own, LA needs to apply for one but courts dont have the power to order LA to apply for one
37(1) power exists in any family proceedings
c. child assessment order
sc43
(a)the applicant has reasonabke cause to suspect that the child is suffering, or is likely to suffer significant harm
(b) an assessment of the state of the childs health or development, or of the way in which he has been treated, is required to enable the applicant to determine whether or not hte child is suffering/likely to suffer significant harm
(c)likely an assement will be made in the absence of an order
-Re L (child assessment order) 2020- sets out role and purpose
d. emergencies: police protection
sc46 children act- where the police have reasonable suspicion child is likely to suffer significant harm
-have the power to remove them to suitable accommodation
-parents and LA must be informed as soon as practical (will trigger investigation duty)
-limit to 72 hours
-may be visted by parents or those responsible if designated officer believed is in the childs best interest and is reasonable
e. Emergency protection order
sc44 (1)- if the child is likely to suffer significant harm if they are not moved to accommodation provided by the applicant or dont remain in accommodation
or if applicant is LA- EPO can be granted if investigation is being frustrated by being denied access to the child or belive urgent access to child is required
or if the applicant is the national society for prevention of cruelty to childreb or any of its officers or person otherwise authorised by the SOS- have reasonable cause to suspect the child is siffering serious harm or is likely to and that they are making enquiries about the welfare and they are being frustrated
effects of EPOs
sc44 (4)-it serves as an instruction on anyone able to do so to produce the child to the applicant
-and authorises the removal of the child at any time to accomodation and too keep the child there or the prevention of the childs removal from hospital, this power may only be used to safeguard the welfare of the child
-obstructing this is a criminal offence and subject to a fine
-gives the applicant PR but can only be used as is reasonable to safeguard or promote the welfare of the child for the duration of the order (not removed from original person)
-court may give direction to who is able/not to contact the child or order medical/psychiatric assessments
end of a EPO
-child must be returned to the person they were taken from if it is safe or if not possible to their parents or person with PR
-they can return back to the applicant if a change in circumstances make it necessary and the EPO is still in effect
-the child/parent/PR/person they were living with can apply for the order to be discharged, but not if they were informed of the hearing and were present at it of if the order has been extended
-length of EPO upto 8 days (can be extended 7 days if applicant or someone entitled to apply for a care order applies, must have reasonable cause to believe the child will suffer harm if not extended)
-X council v b and others 2004- 4 EPOS, council ended 2 and other 2 placed in foster care with grandparents and 1 was returned to parents against LA wishes, made more guidance for the child will liekly suffer significnat harm imminent danger must be actually established with evidence which is full precise, detailed and compelling, and the courts must be convinced its the least interventionist option lest art 8 be violated (right to family life)
f. secure accommodation order s25
(for when a childs behaviour themselves is putting them in danger)
-not defined trickly but does include absconding from where they are being cared for
-Re M 2018- absconding not defined but means more than trivial disobedience
-A LA v B’s mother 2019- child looked after by LA, proposed to place them in secure housing unit
restricts liberty
can have this order if they have a history of absconding from other accommodation and if they absocnd they are likely to suffer harm or may harm other in any other accommodation
accommodation must be approved by the SOS for that purpose and the proposed order must safegaurd the childs wellbeing (welfare important byt not paramount due to protect public)
-order needs to be proportionate
-primary purpose cant be treatment
detention outside secure accommodation
-can be detained outside secure accommodation aswell as in specificly secure accommodation
-Re T 2021- court used inherent jurisdiction to detain when secure accommodation was unavailable, was already a care order enabled the court to use this jurisdiction (as is used to oversee already in place orders)
-court authorisation for detaining still appropriate even if the child consents
-NHS trust v HT 2022- would not place child in a normal hospital, when no secure accommodation available, detaining a child in that environment would cause harm to them
- orders necessary to void harm
-wardship/ inherent jurisdictions cases
-care order
-supervision order
a. wardship
-using the in herent judrisdiction where other orders are not appropriate
-the court takes responibility of the child but the day to day stuff is managed by LA
-ill defined so lots of flexibility
-birmingham city council v riaz 2012- child exploited by 10 men, not enough evidence for criminal proceedings so court used the wardship jurisdiction and made her a ward of the court to make decisions about where she could go and interact with for her protection
-London Borough of Redbridge v SNA 2015- order sought but not granted as more appropriate to protect with orders from criminal proceedings, the key difference between this and above case is that you need to weight the available option and in redbridge criminal prosecutions were a viable options unlike in above (wardship last resort if no other order options)
-Re A 2018- relationshop with father broken down so sought wardship, court said would be desirable to have council accountable to the court
radicalization cases
done under the inherent jurisdiction (expansion of its uses)
-london borough of tower hamlets v M- issued orders including the seizure of passports
-Re X 2015- must be sound evidence to, suspicion is not enough
-LA v HB 2017- court said the extremist emphathies of the mother are not sufficienlt evidenced so didnt grant order
compulsory orders
sc31 of the children act- care and supervision orders
criteria:
(2)
(a) likely to suffer or is siffering harm
(b) the harm must be attributed to care currentlly given to them, if that care is not what you reasonably expect a parent to give or attributable to the child being beyond parental control
(3) child under 17
b. care orders
sc33(1)- LA recieves the child into their care until the end of the order
(3)(a)- LA has PR
(b)- may decide to what extent parents/ guardians may exercise PR
(4) only if necessary to safeguard or promote the childs welfare
-Re C (covid 19 vacinations) 2021- council could exercise its PR to have a child vaccinated despite the mothers objections
-there are limits on how the PR of the LA can be exercised
(6)(a)- may not cause child to be raised in a differnt religion or change their surnme or remove them from the UK
-Re P- court would not order a boy to be circumsised as it was something for him to decide when he was older
-Re M,T,P,K and B 2000- child in fear of being obducted by parents from foster parents, courts granted name change as a way of obscuring identity to protect them (court approved but not for LA to grant on its own)
-Tower Hmlets LBC v R 2019- if parents refuse to register name for child, LA may name child
(6)(b)may not appoint a guardian or agree or refuse an adoption order
end of care orders
-ends when a child is 18, residence order granted or adoption order granted
-anyone with PR of child can apply to end care order
-Re TT 2021- for application to end care order:
-welfare principles applies
-evidence must be shown that discharge is in interests
-courts will check ant interference with convention rights is proportionate
-criteria under sc31 doesnt need to be re-prove or shown to no longer apply
c. supervision order
sc35- allows the court to appoint a supervisor who has the duty to-
(a)avise, assist and befriend the supervised child
(b)to take steps as are reasonably necessary to give effect to the order and
(c) where the order is not fully complied with or they consider it no longer neceassry, the supervirsor must consider applying to the court for variation or discharge
lasts for upto a year but can be shorter
schedule 3- more duties
2(1)- supervirsor must instruct the child (and may have a duty to ensure those instructions are followed):
-to live at a specific place for a period specified
-to present themselves to a person or persons at a specific time or day
-to participate in activities on specific days
4- order may also require child to attend medical or psychologial examination and may also require treatmentif evidence given by medical professional, or if the child consents
supervision order v Family assistant order
-supervision mandatory, FA is optional
-supervision for child, FA for parent
-supervision orders arent supposed to remove child from home, so if need to should use a care order
-Re O care and supervision order 1996- supervision order requires parental co-operation, LA wanted to make eductaion decisions so care order was made
-if a child is hurt by a one off out of character incidident, supervision is more appropriate- Manchester cc v B 1996
-childs reactions and views to the order can be considered
interim orders
-can make a care and supervision order interim (not a full order but made during the proceedings where care or supervision is deemed necessary while the proceeding is happening)
-where proceeding are adjourned or slow or sc37 investigation order is made
-sc38-must have reasonable grounds to believe the sc31 criteria is met
-sc3 child arrangement orders always come with a interim supervision order
-sc6- aslo includes power to require medical or psychological exam
-end whrn the application they are related to is disposed with, or is a sc37 investigation is made, or when a new care/supervision order is applied for
additional exclusion requirements
-if an interim care order is made and sc38(A)
(a) there is reasonable cause to believe that if a person is excluded from a dwelling house in which the child lives, the child will cease to suffer, or cease to be likely to suffer signficant harm and
(b) that another person in the dwelling house
(i)is able and willing to give to the child the care which it would be reasonable to expect a parent to give him and
(ii)consents to the inclusion of the exclusion requirement
-exclusion order last the length of the order
-requires the person to leave the dwelling or prevents them from entering the house or a part of it designated in the requirement
-may also have the power to arrest includes, allows arrest without warrant if reason to suspect violation of requirement
