Children’s law Flashcards
What is s10 and s11 of the act?
Those that work with children and family’s have a responsibility to safeguard under “working together to safeguard children”. S10 and s11 say we need to work together.
S10 = police and other agencies have roles to safeguard children.
S11= local authority promotes multiagency cooperation to promote the wellbeing of a child.
What is s17 ?
S17 is the child in need. It is the duty of local authority to safeguard and promote the welfare of children in their area.
Development includes physical, intellectual, emotional, social and behavioural areas.
Child in need is a child unlikely to achieve a reasonable level of health and development without services.
What is s20?
Voluntary accommodation.
Every local authority should provide accommodation for any child in need within their area as a result of: no parental responsibility available, being abandoned, if parent wants to take a break or if adequate care is prevented.
Voluntary arrangement between local authority and the parents/carers.
What is the good use of s20?
Respite- parents can get a break from caring.
What is the bad use of s20?
It is voluntary so parents can take their child back home whenever they want to. This is a bad option for children in s17 or s47 plans. They could be at risk at home. If the child goes into voluntary accommodation, the local authority will not have power to retain that child.
What is the “working together to safeguard children” ?
The action we take to promote welfare of children and protect them from harm. It is everyones responsibility who comes into contact with the child or family as they all have a role to play.
What are universal services?
These are services that are designed to meet the needs of young people and families. For example: housing, midwives, doctors, welfare benefits and nurses.
What is kinship care?
Family and friends care it can be called under statutory guidance for local authorities 2010.
It sets out a framework for the provision of support for children and young people whom because they are unable to live with their parents are being brought to live with their family or friends called kinship carers.
Local authority make placements. They assess risks and regulate placements. Local authority can ask a friend or family member to become a carer.
If under s20 they are placed with a kinship carer then parents have the right to take them back.
Good to do this in s17 or early help.
What are the benefits of kinship care?
Can place children with family or friends and when parent is fine the child can be returned. Good if parent is not well.
More useful as many believe that social and emotional needs are best met within the family. Therefore if any parent is not coping then support them by managing finances for example
What are the negatives of kinship care?
If the child has been abused in the family, then placing them with a family member may not be beneficial as the parent can still see them. If parent is abusive it can be likely the other family member may have known. Can still be abused.
What is the process of kinship care?
1) assessment Schedule 4 must be completed before placement. It will look at health, accommodation, background checks, employment, relationships with other children , other people living in the household , whether the arrangements can safeguard the child and meet the child’s needs and criminal convictions. There will be home visits to ensure there is adequate space including a bed, toys and sleeping arrangements will be assessed. History of abuse will be checked. Time scale is 16 weeks which can be extended to 24 weeks if extra time is needed for lateral checks.
2) the carer will be a temporary foster carer but they will be given the same services as a foster carer.
3) there will be immediate arrangements for the suitability of the person to be a local authority foster carer and will be assessed in regards to the regulations 24 which is the kinship care criteria before the temporary foster carer approval expires.
4) the fostering panel will make a decision to approve you or not to.
5) local authority regulate placements so they will be frequently checking that the child’s needs are being met. Regular support will be given including training if required and regular home visits. If approved. They will review you as a carer minimum 6 monthly. Fostering allowance can be available too. Support to meet childs needs such as health and education.
Process of s17?
1) receive referral and respond within 24 hours.
2) threshold matrix to get a legal basis
3) managerial oversight
4) lateral checks : education, health, referrer for further information they havent disclosed
5) initial assessment within 10 days. 3 visits in different settings (alone with child, with parents and in school). Be aware of someone who does not have friends or school. They suffer mental health.
6) core assessment in 35 days. 2 weekly visits.
7) child in need meeting to formulate a child in need plan. Health, education, social worker and parents and everyone involved is present. Chaired by social worker.
8) review every 4 weeks and close case within 6 months if no further action is required.
These are the maximum time limits but in interests of managing risks, we may need to increase or speed the process
Always capture needs of children and wishes links back to working together framework and child wishes paramount principle
S47 process?
1) receive referral and respond within 24 hours
2) threshold matrix for a legal basis
Lateral check
3) managerial oversight
4) strategy discussion held (could be over phone) between childrens team manager and senior police designated officer in child protection unit within 24 hours. This establishes if joint or single. The discussion should be used to:
Share available information
Agree the conduct and timing of any criminal investigation, and
Decide whether enquiries under Section 47 of the Children Act 1989 should be undertaken.
5) strategy meeting held and chaired by the childrens team manager and attended by social worker, health , police and education. No parent involved. Attended by all professionals involved.
6) initial assessment within 10 days of strategy meeting. 2 visits to children in different settings unannounced. If medical assessment necessary then do this before initial child protection conference.
7) initial child protection conference chaired by an independent reviewing officer. Attended by a social worker and health and education and police and parents and children and any other professionals involved. Formation if a child protection plan. Decision for core meeting to be held. Parents are entitled to advocacy. All professionals present a report. The conference takes place within 15 days of the decision to escalate to s47. After strategy meeting. Ensure that the child and their parents understand the purpose of the conference
8) core group meeting within 10 days of initial child protection conference and once per month after. chaired by social worker and attended by team manager, housing and health and education and all professionals involved.
9) review of child protection plan in 3 months and then after 6 months
The Section 47 Enquiry and assessment must be led by a qualified social worker from Children’s social care, who will be responsible for its coordination and completion. The social worker must consult with other agencies involved with the child and family to obtain a fuller picture of the circumstances of all children in the household, identifying parenting strengths and any risk factors. Enquiries may also need to cover children in other households with whom the alleged offender may have had contact. All agencies consulted are responsible for providing information to assist.
If found there is more children such as siblings other than the abused child then need to do an assessment on all of them as it is likely they can be abused unless scapegoated
Before a child is seen or interviewed parental permission must be gained unless there are exceptional circumstances
Local authority social workers are responsible for deciding what action to take and how to proceed following Section 47 Enquiries. The outcome of a Section 47 Enquiry must be endorsed by the team manager.
Human rights act 1998
Article 3, 6 and 8 are the main ones.
Article 8 and article 6 is breached as they may be forced to leave home such as in s44/46. Right to private family life is breached. Made to leave family.
S46 - emergency protection action
If it is believed that a child may be at risk to suffer significant harm then police can remove a child from the accommodation. However you need a court order to be granted for the child to not return to that place. You have 72 hours to do this or the child returns back.
Always obtain managerial oversight before doing this.
If a s44/46 has been made a family group conference can be done to see if theres anyone in the family or friends who can support the child. Such as kinship care
All home visits and telephone calls should be recorded
