Child Protection Flashcards
s1 Child Abduction Act 1984 - Person connected
e/w 7 yrs / 6 mths / fine
Takes child (u16) out of UK w/out Appropriate consent
Person connected -
parent
reasonable ground for believing father of child
guardian
special guardian (via courts usually until child 18yrs)
named in child arrangements to live with person
has custody of child
Appropriate consent required from -
each of the above (father only if they have PR)
OR leave of court
No offence if hold a child w/in UK or retain them outside UK (ie not take them or be responsible for this) or do not return them to UK.
DPP consent required.
Defence -
- person named in child arrangements order with whom child is to leave and go out of UK for < 1 month
- Special guardian of child and go out of UK < 3mths
UNLESS THIS IS IN BREACH OF COURT ORDER
- Believed person consented OR would have if relevant circs known
- taken all reasonable steps to communicate but unable to
- Other person unreasonably refused to consent
UNLESS other person is Special/Guardian/named in court order
s2 Child Abduction Act - Person not connected
e/e 7 yrs / 6 mths / fine
if without lawful authority or excuse, takes or detains child under 16 to
- remove him/keep him from lawful control
incl all Persons connected with child EXCEPT unmarried father.
Remove does not require physical removal. Child merely needs to be deflected into some unauthorized activity induced by the defendant.
Defences
- childs father
- believed on reas grounds that is childs father
- believed that child was 16.
No defence if mistakenly takes wrong child!!
s1 Children and YP Act 1933 Child Cruelty
e/w 10 yrs / 6 mths / fine
Def 16 yrs +
resp for child u16
willfully/procures assaults, ill-treats, neglects, abandons,exposes him in a manner likely to cause unnecessary suffering or injury to health (physical or psychological) shall be guilty of an offence.
KIV person going to bed (or whilst in bed) under influence drink/drugs with child u3 yrs presumed to have neglected child. bed incl any type of sleeping surface.
D/not need to show harm came about - merely LIKELEY to cause…
s46 Children Act 1989 - PPP
Constable reas cause to bel child would o/wise likely to suffer sig harm may -
- remove child to suitable accom.
- take reas steps to ensure childs removal from hospital or other place is prevented
Child is u1 8yrs
reasonable = objective - in circs reasonable and sober person might have formed similar view
Harm incl seeing/hearing ill treatment of ANOTHER
72 hrs PPP
Initial actions following PPP;
inform LA
inform LA of childs normal residency
Tell child steps taken, reasons and steps to be taken
takes reas pract steps to obtain childs views
Ensure designated officer enquires into case
take reas steps to inform parents/PR/person child living with at time of PPP of steps taken and reasons
Under EPO can still initiate PPP if there are compelling reasons to do so.
Designated Officer - responsible for enquiring into case
Initiating officer responsible for informing relevant people.
Designated officer shall allow;-
parents
Persons with PR
Person whom child was living with at time of PPP
Person who has contact order
Person acting on behalf of above
to have contact with child if reas and in childs best interests.
Designated officer can apply for EPO (even without LA knowledge!). applicant gets PR for child whilst its in force. Can attach powers of arrest to any directions on order.
Court can issues warrant for constable to assist relevant person to enter premises in order to enforce a EPO
s49 Childrens Act 1989 - Acting in Contravention of Protection Order or PPP
summary - 6 mths
applies to child
in care
under EPO
Under PPP
Where child is taken in contravention of this - court can issue recovery order under s50 for the child to be returned, power of entry and search.
Disclosures of information regarding Child
Police cannot categorically assure cannot disclose childs location to parent etc
s33 order requires police to disclose whereabouts to COURT not other party/sols
s33 should not normally be made without polices presence.
