Legislation - The Children Act 2004 Flashcards
What is the Children Act 2004?
The Children 2004 Act amended the Children Act 1989 due to the consequence of the Victoria Climbié inquiry. It reinforced that all people and organisations working with children have a responsibility to help safeguard children and promote their welfare
What are the key points of this act?
- Protecting children at risk of harm and abuse
- Paramount principle
- Principle of ‘Every Child Matters’
- The child has a right to be consulted
- Children have a right to an advocate
- Encourages partnership working
- Created the role of the children’s commissioner
What is ‘protecting children at risk of harm and abuse’?
Children may be taken away from their families/guardians using an emergency protection order if there is suspicion they are being abused
What is ‘paramount principle’?
Ensuring that the child’s needs come first - e.g. taking them away from family if this is in their best interests (regardless of what parents want). They have the right to stay within their family circle wherever possible
What is ‘principle of every child matters’?
In other words, every child and young person has the right to stay safe, be healthy, enjoy and achieve, make a positive contribution, and experience economic wellbeing, regardless of their background or circumstances
What is ‘the child has a right to be consulted’?
The act gives children who are mature/old enough to understand a voice so they can take part in the decision about their care (their wishes should be taken into account)
What is ‘children have a right to an advocate?
An advocate can help the child understand what is happening and ensure any decisions are made in the child’s best interests
What is ‘encourages partnership working’?
Ensures that different organisations share information and work together to ensure that children are protected and their needs are met (e.g. schools, police, social services, etc.)
What is ‘created the role of the children’s commissioner’?
This role was created to ensure that there is someone who represents children’s views and speaks up for children’s rights
The Children Act video:
This is based on a real case. Fiona Maye, a British Judge, must decide whether to require Adam, a 17 year old with leukaemia, to receive a blood transfusion. Adam is a Jehovah’s Witness, and blood transfusion goes against his beliefs and those of his parents
How does Fiona apply the key concepts of The Children Act in making the decision?
There is a scene in the hospital where she consults with Adam and asks him what his views are about the potential treatment (and why he is refusing to accept the transfusion). This ensures that he has a say and his views are represented.
Ultimately she decides that the treatment is in his best interests (even if it goes against his views and those of his parents) as he would be likely to die without receiving the transfusion
