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Children Law > Children Act 1989 > Flashcards

Children Act 1989 Flashcards

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1
Q

Child is at risk of Significant Harm

A

S44 - Police Powers of protection

EPO - Emergency Placement Order

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2
Q

Parental Responsibility

- Introduced by the CA 1989 and emphasises parental responsibilities towards children NOT rights over them

A
  • All mothers - unless child becomes adopted
  • Umarried fathers named on birth certificate post to 01.12.2003 - adapted by Adoption & Children Act 2002
  • Fathers if child born when parents are married.
  • Adopted parents.
  • LA by way of care order (balance of favour w/ LA).
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3
Q

WTSC 2016 p. 6

Safeguarding Children

A

Protecting children from maltreatment.
Preventing impairment of physical and mental health or development.
Ensuring that children -growing up-circumstances consistent-provision of safe and effective care.
Taking action-enable-all children-best outcomes.

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4
Q

WTSC 2018 p. 6

Child Protection

A

Part of safeguarding and promoting welfare.

Refers - specific activity - undertaken to protect individual children - suffering/likely to suffer-significant harm..

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5
Q

Abuse is

WTSC 2018 p. 106

Appendix A - definitions of forms of abuse.

A

Form of Maltreatment/child. Somebody-abuse/neglect child-inflicting harm/failing to prevent harm.
Harm = ill treatment not physical-include witnessing ill treatment of others-e.g. all forms of domestic abuse.
Abused by family-institutional/community setting-those who know them-rarely others-wholly online/technology facilitate
Abused by = adult-child/children

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6
Q

Physical abuse

WTSC 2018 p. 106

A

Form of abuse-hitting/shaking/throwing/poisoning/burning/scalding/drowning/suffocating-otherwise causing physical harm to a child.
Also-parent/carer-fabricates symptoms of, or deliberately induces illness in a child.

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7
Q

Sexual abuse

WTSC 2018 p. 107

A

Forcing/enticing -child/YP-sexual activities-not necessarily-high level-violence-whether or not-child aware what’s happening.
Physical contact-assault by penetration-non-penetrative acts-masturbation/kissing/rubbing.
Non-contact-watching porn-encouraging sexual behaviour-production sexual images
Online/technology facilitate.
Not solely adult males-women-other children

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8
Q

Child sexual exploitation (CSE)

WTSC 2018 p. 108

A

CSE form of child sexual abuse.
Individual/group-take advantage-imbalance of power-coerce/manipulate/deceive-child/YP-into sexual activity.
In exchange for something victim needs or wants, and/or
Financial advantage/increased status-perpetrator/facilitator.
Sexually exploited-even if-activity appears consensual.
CSE-not always-physical contact-use of technology.

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9
Q

Contextual Safeguarding & Assessment

Risk outside of home

A

New approach to SGC-particularly adolescents-typical development-lessening parental influence/greater impact of peers/environment
Risks-wider environment/context-eg drugs/CSE/radicalisation.

WTSC 2018 p. 25

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10
Q

Emotional abuse definition
WTSC 2018 p. 107.
Part 1

A

Persistent emotional maltreatment-such to cause severe/persistent-adverse effects-child’s emotional development.
Conveying child-worthless/unloved/inadequate/valued only insofar meet needs other person.
Not giving opportunities to express vies-silencing them -making fun-what they say/how they communicate.

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11
Q

Emotional abuse definition
WTSC 2018 p. 107
Part 2

A

May feature-age/developmentally inappropriate-expectations imposed on children-eg interactions beyond developmental capability-overprotection/limitation-exploration/learning/preventing participation-normal social interaction.
Seeing/hearing ill-treatment of another. Bullying (+cyber)-exploitation/corruption child.
Level in maltreatment-may occur-isolation.

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12
Q

Neglect definition

WTSC 2018 p. 108.

A

Persistent failure-meet child’s basic physical and/or psychological needs-likely result-impairment-health/development.
Pregnancy-maternal substance abuse.
Child born-neglect=parent/carer-failing to:
-Provide adequate food/clothing/shelter (exclusion from home/abandonment).
-Protect from physical/emotional harm/danger.
-Ensure adequate supervision (inadequate care givers)
-Ensure access/medical care/treatment.
Also-neglect of/unresponsive ness to/basic emotional needs

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13
Q

Children Act 1989

History

A

14.10.1991
-Rationalised different pieces children’s law
-Covers private & public law.
Brammer, 2020
-New terminology
-New orders
-Child’s voice
-Doesn’t cover adoption & youth justice.

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14
Q

Children Act 1989
Frequent use
Part I: Introductory

A

Explains the principles of the Act.

Important to know as they underpin any SW practice with children a no families.

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15
Q

Children Act 1989
Frequent use
Part II: Orders with respect to children in family proceedings.

A

Private Law
Section 8 orders - private law tends not to involve SW but s7 and s37 might result in LA SW involvement.
Section 7 - report requested by court-private family proceedings-LA to comment on particular issue-eg whom a child reside/have contact with - CAO
Section 37 - private-Court wants LA-assess level of significant harm-child/children-? Care proceedings should be initiated.

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16
Q

Children Act 1989

Part III: Support for children and families provided by local authorities in England

A

Children in Need (s17) - Link to Assessment Framework timescale and WTSC 2018.
Statutory Duties are a requirement of final placement.
Section 17(1): LA-general duty-safeguard/promote-welfare-children in need.

17
Q

Children Act

Part IV: Care and Supervision.

A

Care and Supervision Orders.
Public Law proceedings.
Highly likely that a children’s SW will be involved.

18
Q

Care Act 1989

Part V: Protection of Children

A

Duty to investigate (s47) and Emergency Orders.

LA children’s SW will be involved in s47 enquiries and statutory duties are a requirement of final placement.

19
Q

Children Act 1989

Section 17(1)

A 
Section 17(1)-ChA 1989
LA-general duty-safeguard/promote-welfare-children in their area who are IN Need; so far as-consistent w/ duty-promote-upbringing-children-their families-range & level-services appropriate-child/children’s needs.
Section 17: shorthand-statutory authority-provinding services-CiN-not-LAC
20
Q

Child in Need

17(10)

A

Section 17 (10) ChA’89 Child=CIN if:

  • he/she-unlikely-achieve/maintain-have opportunity-achieving/maintaining-reasonable standard of development-w/out the provision-services-LA
  • health/development-likely-significantly impaired/further impaired-w/out-provision-services
  • he/she disabled.
21
Q

Looked After Child

LAC (i)

A

A Looked After Child-child-Accommodated-local authority; child subject- Interim Care Order/ full Care Order/ Emergency Protection Order/child-remanded-court-local authority accommodation/Youth Detention Accommodation.
(3 December 2012 - Legal Aid, Sentencing and Punishment of Offenders Act 2012 amended-Local Authority Social Services Act 1970-children-remanded-court-local authority accommodation/youth detention accommodation into-definition-LAC-purposes-Children Act 1989).

22
Q

Looked After Child
LAC (ii)
Placement

A

Looked After Children-placed with parents/ foster carers (including relatives and friends)/ Children’s Homes/Secure Accommodation/ with prospective adopters

24
Q

Looked after Child
LAC (iii)
Adoption

A

Where a child is placed for Adoption or the local authority is authorised to place a child for adoption - either through the making of a Placement Order or the giving of Parental Consent to Adoptive Placement - the child is a Looked After child

25
Q

GUIDANCE AND REGULATIONS

A

Court orders and pre-proceedings (vol 1)
Care planning, placement and review (Vol 2)
Transition to adulthood for care leavers (Vol 3)
Fostering services (Vol 4)
Children’s homes regulations,including quality standards: guide (Vol 5)

26
Q

PARENTAL RESPONSIBILITY

A

1989 Children Act s3 (1) states:In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

27
Q

Acquiring Parental Responsibility

A
  • Care order or placement order (PR to LA but still shared)
  • Emergency protection order (limited PR to LA but still shared)
  • Step-parents – via an agreement or order (both parents have to consent)
  • With a child arrangement order (s8)
  • Adoptive parents acquire PR
  • Special Guardianship Order
  • Can be acquired for fathers via a parental responsibility agreement (set format) or order (orders applied for via court) (Brammer, 2020)
28
Q

Parental responsibility ends…

A
  • If the child dies
  • When the child is adopted
  • Revocation of a care order
  • The court may remove it in exceptional circumstances: Re DW (A Child) (Termination of Parental Responsibility) [2014] EWCA Civ
  • More than one person may share parental responsibility and it is not lost by virtue of another acquiring it (except in adoption).
29
Q

PRINCIPLES OF 1989 CHILDREN ACT

A
  • Welfare principle (paramountcy principle) – S1 (1)
  • Welfare principle: Parental involvement – s1 (2a) amendment by Children and Families Act 2014
  • No delay – s1(2)
  • No order – s1 (5)
30
Q

WELFARE CHECKLIST

A

s 1 (3)

Children Law (1 decks)

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