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
-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
