Children Act 1989 Flashcards
Children Act
The most comprehensive legislation about children replaces most pieces of legislation.
The concept of partnership working/negotiation with families and children is critical to the act.
Promotes the care/upbringing of children in their birth families
Minimal legal intervention.
Main Principles
The welfare of the child is paramount.
Stronger emphasis on supporting families.
Concept of partnership working.
Wherever possible, children should be brought up and cared for within their own families.
Parents with children in need should be helped to bring up their children themselves.
Children should be safe and protected.
No delay principle and no order principle.
Children should be informed and involved.
Parental responsibility for their children.
Children should be protected.
High quality substitute care.
Statutory Guidance
Working Together to Safeguard Children - Department of Education (2018).
Working Together to Safeguard Children: What is Abuse?
A form of maltreatment of a child; someone may abuse or neglect a child by inflicting harm or by failing to act to prevent harm.
Harm can include ill-treatment that is not physical, as well as the impact of witnessing ill-treatment of others.
Impact on children of all forms of domestic abuse, including where they hear, see, or experience its effects.
Abuse can take place wholly online, or technology may be used to facilitate offline abuse.
Children may be abused by adult(s) or other children.
Section 1
The welfare of the child.
1(4): (a) the court is considering whether to make, vary or discharge a section 8 order and the making, variation or discharge of the order is opposed by any party to the proceedings, (b) the court is considering whether to make, vary or discharge an order under Part IV.
1(3): In 1(4)’s circumstances a court shall have regard in particular to: (a) the ascertainable wishes and feelings of the child concerned, (b) their physical, emotional and educational needs, (c) the likely effect on them of any change in their circumstances, (d) their age, sex, background and any characteristics of theirs which the court considers relevant, (e) any harm which they suffered/are at risk of suffering, (f) how capable each of their parental/any other person in relation to whom the court considers the question to be relevant, is of meeting their needs, (g) the range of powers available to the court under this Act in the proceedings in question.
1(5): where a court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all.
Section 2
Parental responsibility for children.
2(1): where a child’s father/mother were married to each other at the time of their birth, they shall have parental responsibility for the child.
2(2): where a child’s father/mother was not married to each other at the time of their birth, (a) the mother shall have parental responsibility for the child, (b) the father shall have parental responsibility for the child if he has acquired it i.e. named on the birth certificate.
Section 17
Duty to support children in need.
17(10): A child shall be taken to be in need if (a) they are unlikely to achieve/maintain or have the opportunity to achieve/maintain a reasonable level/standard of health or development without the provision of services by they local authority, (b) their health or development is likely to be significantly impaired/further impaired without provision of such services, (c) they are disabled.
Section 20
Provision of accommodation for children: general.
20(1): Every local authority shall provide accommodation as a result of (a) there being no person who has parental responsibility for them, (b) the child being last or abandoned, (c) the person who has been caring for them being prevented from providing suitable accommodation/care.
Section 31
Care and supervision.
31(2): A court may only make a court order or supervision if it is satisfied that (a) the child concerned is suffering/likely to suffer significant harm and (b) the harm/likelihood of harm is attributed to (I) the care given to the child/likely to be given, (ii) the child being beyond the parents control.
31(9): ‘harm’ means ill-treatment/impairment of health or development.
Section 46
Removal and accommodation of children by police.
46(1): where the police have reasonable cause to believe that a child would otherwise suffer significant harm, they may (a) remove the child to suitable accommodation and keep them there, (b) take such sites as are reasonable to ensure that the child’s removal from any hospital, or other places in which they are being accommodated is prevented.
46(6): No child may be kept in police protection for more than 72 hours.
Section 47
Duty to investigate.
47(1): local authorities have a duty to investigate where (a) they are informed that a child who lived in the area (I) is subject to an emergency protection order, (ii) is in police protection, (b) have reasonable cause to suspect that a child who lives or is found in their area is suffering or is likely to suffer significant harm.
Continuum of Need and Response
Level 1: Universal Needs
Level 2: Additional Needs
Level 3: Intensive (split in half with the more serious cases requiring a section 17)
Level 4: Specialist (Section 20; 31(9)(10), 46, 47.
