Harm

Question 1

Where is harm defined

Answer 1

S 31(9)

Question 2

Re B

Answer 2

Ill-treatment will generally involve some active conduct, whether physical or sexual abuse, bullying or other forms of active emotional abuse

Question 3

When will the defence of reasonable chastisements not be available

Answer 3

S 58 CA removed the defence in criminal or tort proceedings where ABH or worse is caused. Defence available to common assault and battery.

Question 4

The absence of ABH is not determinative what is

Answer 4

Must conduct the need for intervention in the circumstances Re F (CA); Re MA

Question 5

Re F (CA)

Answer 5

Care orders refused in relation to two children who had been smacked by the mother, causing bruising to the younger child. It was held that while physical chastisement cannot be condoned, it could not be classed as seriousness or persistent enough to justify the disproportionate remedy of removing the children from the family where they belong and placing them in care.

Question 6

Re MA (CA)

Answer 6

Yes, it amounts to ill-treatment and therefore to harm as defined in section 31(9) of the Act yet despite intensive outside intervention in this family’s

Question 7

FGM

Answer 7

Re B and G, will never constitute

Question 8

Can being overweight be grounds

Answer 8

yes

Question 9

Re O

Answer 9

Not gone to school in 3 years. This will inhibit M’s development because school is, of course, not only about intellectual learning, it also provides young people with necessary social and relationship skills

Question 10

Re J

Answer 10

• Case on impairment emotional development. A mother falsely claimed that her 7-year-old son had been diagnosed as transgender and insisted that he live as a girl. The evidence was that the child identified as a boy but had been influenced by his mother into believing that he was a girl. Hayden J held that she had caused him significant emotional harm and made a care order on the basis that he would live with his father.