Police Protection of Children Flashcards
Q: What Act gives police powers to protect children?
Children Act 1989 gives police specific statutory powers to deal with the threat of significant harm posed to children.
Q: What section gives police an emergency power to take children into police protection?
S46
(1) 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 the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented.
Q: What does a ‘reasonable belief’ require?
This is more than a reasonable suspicion.
The wording of s. 46(1) means that an officer may use the powers at s. 46(1)(a) and (b) if he/she has reasonable cause to believe that, if the powers are not used, a child is likely to suffer significant harm.
Generally, tests of reasonableness impose an element of objectivity and the courts will consider whether, in the circumstances, a reasonable and sober person might have formed a similar view to that of the officer.
Q: Who is a ‘child’ for the purposes of the 1989 Act?
For most purposes of the 1989 Act, someone who is under 18 years old is a ‘child’ (s. 105).
Q: What is ‘harm’?
‘Harm’ is defined under s. 31(9). It covers all forms of ill-treatment including sexual abuse and forms of ill-treatment that are not physical.
It also covers the impairment of health (physical or mental) and also physical, intellectual, emotional, social or behavioural development.
The definition also extends to impairment suffered from seeing or hearing the ill-treatment of any other person.
Q: What needs to be considered when determining if the harm is ‘significant’?
When determining whether harm to a child’s health or development is ‘significant’, the child’s development will be compared with that which could reasonably be expected of a similar child (s. 31(10)).
It could be a single incident.
Q: Do you need to prove the child has suffered significant harm before exercising this power?
No- merely that significant harm would be likely if the power was not exercised.
Q: What are the two parts of the power under s46?
- A power to remove a child to suitable accommodation and keep him/her there; and
- A power to take reasonable steps to prevent the child’s removal from a hospital or other place.
Q: How long can a child spend in police protection?
The longest a child can spend in police protection is 72 hours (s. 46(6)).
It should be remembered that this is the maximum time that a child can be kept in police protection, not the norm.
If the matter is not resolved in this time, it may be appropriate to make an application on behalf of the appropriate authority for an Emergency Protection Order- like a temporary care order.
This will extend the time the child can be looked after,
The appropriate authority will be the social services department for the local authority where the child is ordinarily resident.
Q: When a police officer exercises his s46 powers, what statutory duties does he need to fulfil?
As soon as is reasonably practicable after using the powers under the Act, the ‘Initiating Officer’ (the officer who takes the child into police protection and undertakes the initial inquiries) must fulfil set statutory duties:
- Inform the local authority within whose area the child was found what steps have been, and are proposed to be, taken and why
- If the child is resident in another local authority area, give details to that local authority of the place the child is being kept
- telling the child (if he/she appears capable of understanding) of what steps have been taken and why, and what further steps may be taken
- taking such steps as are reasonably practicable to discover the wishes and feelings of the child
- making sure that the case is inquired into by a ‘designated officer’
Q: Who must a police officer then inform after he has completed the above steps?
Officer must take such steps as are reasonably practicable to inform:
- the child’s parents
- every person who is not the child’s parent but who has parental responsibility for the child; and
- any other person with whom the child was living immediately before being taken into police protection; of the steps that the officer has taken, the reasons for taking them and the further steps that may be taken with respect to the child.
Q: Finally, who must be informed within the police about the s46 powers used?
Must then ensure that the case is enquired into by the designated officer.
The designated officer tends to be an Inspector.
The designated officer and initiating officer must not be the same person.
Q: What if the child is moved into accommodation that is not provided by the local authority?
Where the child was taken into police protection by being removed to accommodation which is not provided by or on behalf of a local authority or as a refuge (under s. 51), the officer must, as soon as is reasonably practicable after taking a child into police protection, make sure that the child is moved to accommodation provided by the local authority.
Every local authority must receive and provide accommodation for children in police protection where such a request is made (s. 21).
Q: Are police stations the appropriate place as accommodation?
Police stations are not suitable accommodation for children.
Children not be brought to a police station except in exceptional circumstances, such as a lack of immediately available local authority accommodation, and then only for a short period.
On no account should a child who has been taken into police protection be taken to the cell block area of a police station.
