Children Compulsory State Intervention.

Question 1

what is the aim of the state intervention?

Answer 1

aims to help the family S17 of the children act

Question 2

When does the Act allow intervention?

Answer 2

” when the child is being harmed or likely to suffer harm. Also stated in R (G) v Nottingham City Council.

Question 3

List the type of orders and say what they do:

Answer 3

Children Assessment order:  this is an order which  helps to decide if action is needed.
Police protection order: S46 CA 1989
Emergency Protection Order: S44 CA 1989
Supervision Order: S35 CA 1989. 
Care Order: S33 CA 1989.

Question 4

what does S37 allows the court to do?

Answer 4

the court in private proceedings can direct a local authority to investigate and decide whether to make an application.

Question 5

Nottinghamshire County Council v P

Answer 5

The Court can not require L.A to investigate before they can make an order

Question 6

What does S46 states:

Answer 6

Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may—
(a) remove the child to suitable accommodation and keep him there; or

(b) take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented

Question 7

S44 CA 1989: The L.A applies to court for an Emergency Order and the Court may make an order if:

Answer 7

(a) there is reasonable cause to believe that the child is likely to suffer significant harm.

Question 8

Under S3, the L.A have a duty to:

Answer 8

to receive the child into their care and to keep him in their care while the order remains in force

Question 9

Does the L.A obtain parental responsibility while the order is in force?

Answer 9

Yes, as stated in S33 (3):
While a care order is in force.. the local authority…shall (a) have parental responsibility for the child: and (
b) have the power to determine the extent to which (i) a parent… may meet his parental responsibility for him.”

Question 10

S35: who has a duty and duty to do what?

Answer 10

supervisor has a duty to:

advise, assist and befriend the supervised child.

Question 11

what does it mean when a judge makes an Interim Order?

Answer 11

this is when a judge makes a temporary decisions about issues such as child custody, child support, and child visitation schedules.