Designated Officer Flashcards
Q: Who is a designated officer?
The appropriate officer designated for that police station for the purposes of this legislation by the relevant chief officer of police.
This is a key role in ensuring the effective use of the statutory framework set up for the protection of children in these circumstances.
Q: What are the designated officer’s duties?
1: Inquire fully and thoroughly into the case
2: Having concluded their inquiries, they should release the child, unless he considers that there is still reasonable cause to believe that if released the child would be likely to suffer significant harm.
3: Responsibility for taking steps to inform people (s46(4))
4: Must do what is reasonable in all circumstances for the purpose of safeguarding or promoting the child’s welfare (having regard in particular to the length of the period during which the child will be so protected) (s. 46(9)(b)).
Q: Who has the right to contact the child during this time?
No one has an absolute right to contact the child.
If the designated officer takes the view that contact is not in the child’s best interests, he is entitled to deny it.
If contact is reasonable and in the best interests of the child, the following people are allowed I under s46(10)):
- the child’s parents;
- any person who is not a parent of the child but who has parental responsibility for the child;
- any person with whom the child was living immediately before being taken into police protection;
- any person in whose favour a contact order is in force with respect to the child;
- any person who is allowed to have contact with the child by virtue of an order under s. 34; and
- any person acting on behalf of any of those persons.
Q: What is an Emergency Protection Order?
If necessary the designated officer can apply for an emergency protection order under s44(s46(7)), which will extend the time allowed for protection.
These orders also give the applicant parental responsibility for the child while it is in force and al-lows the court to make certain directions in relation to contact with the child and a medical or psy-chiatric assessment.
Q: Can the order exclude people from a dwelling where the child lives?
Section 44A allows the court to make an order excluding certain people from a dwelling house where the child lives and to attach a power of arrest accordingly.
Q: Who has parental responsibility whilst the child is in police protection?
While a child is in police protection, neither the officer concerned nor the designated officer will have parental responsibility for the child (s. 46(9)(a)).
