Child Protection Flashcards
What is the offence of child abduction?
Any person who…
- connected with a child under 16
- takes or sends the child
- outside the UK
- without appropriate consent
Connection means…
- parent
- person with reasonable grounds to believe they are the father
- guardian
- special guardian
- person named in a child arrangement order
- custody of the child
Appropriate consent means consent from EACH OF THE BELLOW…
- mother
- father, if they are personally responsible for them
- guardians
- special guardians
- person named on a child arrangement order
- person with custody of the child
- leave if the court by virtue of the children’s act
- leave if the court who granted custody of the child
- holding a child in the UK or failing to return them to the UK after legitimately removing them is not an offence
What are the defences against child abduction?
Any person who…
- is named on a child arrangement and removes the child for LEAS THAN 1 MONTH
- is the special guardian and removes the child for LESS THAN 3 MONTHS
- they have a reasonable belief the other person consented or would have consented if they would have know
- taken all reasonable steps to communicate with the relevant persons and not made contact
- the mother, father or guardian has unreasonably refused consent
What is the offence of child abduction with people not connected with the child?
Any person who is NOT…
- the mother
- the father, if married to the mother at the time of the child’s birth
- guardian
- special guardian
- has custody of the child
- person named on a child arrangement order
- without lawful authority or excuse
- takes or detains
- a child UNDER 16
- to remove them from someone with lawful authority
- to keep them out of the control of any person with lawful authority
- this includes keeping the child where they are, at the place where they are found in addition to moving them
- the child’s consent is irrelevant
- it is a defence for a person not married to the mother at the time of the child’s birth to prove they are the father or that they reasonably believe they are the father
- it is a defence if they reasonably believe at the time the. Hold was 16 or older
What is the offence of child cruelty?
Any person OVER THE AGE OF 16 with responsibility for a child UNDER 16…
- neglects
- assaults
- I’ll treats
- abandons
- exposes them
…OR…
- councils or procures the above
- this includes an act of abuse or omission of neglect
- babysitters count here whilst they have responsibility
- remember the person going to bed before the child or in the same bed as the child when under the influence of drunk or drugs and the child comes to harm…
What are police powers in regards to child protection?
Where a constable has…
- reasonable cause to believe
- a child would be likely to suffer significant harm
- he may remove the child to suitable accommodation
- takes steps to ensure that, where a child is being accommodated in a hospital or other such place and some e tries to remove them, to prevent this
- significant harm include mental as well as physical and the viewing of harm to others
- a child is someone UNDER 18
- the maximum time a child can be in police protection is 72 HOURS
What actions must an officer do after taking a child into police protection?
The INITIATING OFFICER (the one using the power) must…
- tell the local authority why
- tell the local authority where the child is being kept
- tell the child of steps taken and to be taken
- take steps to establish the wishes of the child
- designated officer to inquire into the case
- inform the child parents, people with parental responsibility for the child and anyone at the address the child was staying before being taken of the steps taken
- where the child is removed to a place not provided by the local authority, they must be moved to one as soon as possible
- a police station is not a suitable place and they should only be brought there in as a last resort and moved as soon as possible. They should NEVER be put into a custody cell.
- if an emergency protection order is in place, officer CAN still remove the child. However, an EPO will always take primacy and considerations should be made to if an EPO is practicable to execute or if it should be done in pursuance of an existing one
What is a designated officer?
This is the officer who is designated by the chief police officer to person this role
They are responsible for conducting enquiries into the child protection case
The designated officer shall allow the child, whilst in protection, to have contact with…
- parents
- people with parental responsibility for the child
- people with whine the child was living at the time of being taken
- people specified in court orders as allowed contact
…if they believe it is in the child interests to do so
The designated officer MUST release the child when their enquiries are complete unless they BELIEVE there is still a significant risk of harm to the child
What is an Emergency Protection Order?
A designated officer may apply for an EPO
This will…
- allow the removal of a child to specified accommodation
- prevent the removal of a child from accommodation where they were living before the order was made
- exclude people from the place the child was living
- grant the applicant parental responsibility
What is the offence of contravention of an EPO or police protection?
Any person who…
- takes a child away
- keeps a child away
- induces, causes or assists in a child running away from
…the responsible person
A responsible person is anyone who has care of the child by virtue of a a care order, EPO or police protection. This section only applies to children subject to these sections
What is the law around disclosure of information?
Where a notice of disclosure is issued by the court police should only be compelled to divulge information about the location of a child under exceptional circumstances
