Serious Crime and Other Offences - Child Protection

Question 1

What are the two types of child abduction?

Answer 1

• S.1 - child abduction where the abductor is personally connected with the child
• S.2 - child abduction where the abductor is not personally connected with the child

Question 2

Child Abduction - Person Connected with Child - Child Abduction Act 1984 S.1

Answer 2

• a person connected with a child
• under the age of 16
• takes or sends the child out of the United Kingdom
• without the appropriate consent

Question 3

What are examples of ‘connected with a child’?

Answer 3

• parent of the child
• reasonable grounds for believing that he is the father of the child
• guardian of the child
• special guardian of the child
• person named in a child arrangement order as a person with whom the child is to live
• he has custody of the child

Question 4

What is a special guardian?

Answer 4

• created by Special Guardian Order
• secures child’s long-term placement
• order made by court appointing one or more individuals to be special guardian
• intended for children who cannot live with their birth parents and would benefit from a legally secure placement
• does not end the legal relationship between a child and their parents (unlike adoption)
• SGO lasts until child is 18
• parent of child may not be a special guardian

Question 5

What is a Child Arrangements Order?

Answer 5

S.8(1) of the Children Act 1989
- regulates arrangements relating to who a child lives with, spends time or has contact with and when a child is to live, spend time with or have contact with any person

Question 6

What does appropriate consent mean in relation to child abduction?

Answer 6

consent from:
- the child’s mother
- the child’s father (if he has parental responsibility for him)
- any guardian of the child
- any special guardian
- any person named in a child arrangement order as a person who the child is to live with
- any person who has custody of the child
- the court under provision II of the Children Act 1989
- the court who granted custody

Question 7

When can an offence of S.1 Child Abduction not be complete?

Answer 7

The offence is not committed when:
- the abductor does not take, or is not responsible for taking, the child out of the UK himself
- the abductor holds the child within the United Kingdom
- the abductor fails to return a child who has previously been taken abroad
- if consent has been gained by ALL of the people including: mother, father, guardian, special guardian, named in child arrangement order to live with, any person who has custody of child (if custody order, the court will suffice / leave of court under part II of the Children Act 1989)

Question 8

What are the defences for person connected with a child in child abduction?

Answer 8

A person does not commit an offence of taking a child out of the UK without consent if:
- he is named in a child arrangement order as a person with whom the child is to live, and he takes/ sends the child out of the UK for less than one month
- special guardian of the child and takes/ sends the child out of the UK for less than three months
(these do not apply if taking/ sending the child out of UK breaches an order under part II of the Children Act 1989)
- he believes the relevant person has consented or would consent if aware of the circumstances
- has taken reasonable steps to communicate with the other person but has been unable to communicate
- the other person has unreasonably refused consent (does not apply if the person who refused consent is named in a child arrangement order as a person who the child lives with, has custody of the child, is special guardian of the child, is acting in breach of a UK court order by taking out of UK)

Question 9

Child Abduction - Person Not Connected with Child - Child Abduction Act 1984 S.2

Answer 9

• without lawful authority or reasonable excuse
• takes or detains a child under the age of 16
• so as to remove him from the lawful control of any person having lawful control of the child or
• so as to keep him out of the lawful control of any person entitled to lawful control
• the age of the perpetrator is not relevant

Question 10

Does child abduction require physical removal?

Answer 10

No and whether the child consents is irrelevant

Question 11

Defences for person not connected with a child (child abduction)

Answer 11

• the child’s father (not married to the mother/ civil partners at the time of birth)
• RGB child’s father
• believed the child was over 16

Question 12

Child Cruelty - Children and Young Persons Act 1933 S.1

Answer 12

• person 16 or over
• has responsibility of a child/ young person under 16 (can be a babysitter)
• wilfully assaults, ill-treats (physically/ otherwise), neglects, abandons, exposes him, or causes/ procures him to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health (whether the suffering or injury is of a physical or psychological nature),

Question 13

Examples of child cruelty/ neglect

Answer 13

• failing to provide adequate food, clothing, medical aid or lodging
• infant under three years dies as a result of suffocation (other than by disease or blockage of airways by an object) whilst in bed (lying next to them on furniture. surface for the purpose of sleeping) with someone over 16 when they are under influence of drink/ prohibited drugs
• No need to show that suffering/ injury happened just that it was likely to cause unnecessary suffering or injury to health

Question 14

Police Powers under the Children Act 1989 - S.46

Answer 14

• a constable has reasonable cause to believe that a chid (under 18) would otherwise be likely to suffer significant harm he may
  a) remove the child to suitable accommodation and keep him there
  b) take such steps as reasonable to ensure the child’s removal from any hospital, or other place, in which he is then being accommodate is prevented
  (police protection)

Question 15

How long can a child spend in police protection?

Answer 15

72 hours

Question 16

What must the initiating officer do when taking a child into police protection?

Answer 16

• telling the local authority what steps have been taken, will be taken and why
• telling the child, if they are capable of understanding, what is happening and why and the further steps
• taking steps that are reasonably practicable to discover the wishes/ feelings of the child
• making sure the case is inquired into by a designated officer
• taking steps as reasonably practicable to inform: a) the child’s parents, b) every person who has parental responsibility and c) any person who the child was living immediately before being taken into police protection - the steps being taken, the steps that will be taken and why
• local authority must provide accommodation for children in police protection where such a request is made
• children should not be brought to a police station unless in exceptional circumstances, such as lack of immediately available local authority accommodation

Question 17

Can children be taken into police protection where they are already subject to an emergency protection order?

Answer 17

Yes if there are compelling reasons to do so

Question 18

What is a designated officer in relation to police protection?

Answer 18

• officer designated for the purpose of the legislation
• must inquire fully and thoroughly into the case
• must do what is reasonable to safeguard and promote the child’s welfare
• allow contact between the child and parents, anyone with parental responsibility etc where in the child’s best interests
• may apply for an emergency protection order
• does not have parental responsibility of the child

Question 19

Emergency Protection Order

Answer 19

• allows court to remove child from certain accommodations and to prevent the child’s removal from any other place (including a hospital)
• gives the applicant parental responsibility
• allows the court to put restrictions in contact and to arrange medical/ psychiatric assessments
• excludes certain people from a dwelling where the child lives and attaches a power of arrest accordingly
• do not have to have local authority agreement but should communicate given multi-agency co-operation

Question 20

Acting in Contravention of a Protection Order

Answer 20

• takes a child whom this section applies away from the responsible person
• keeps such child away from the responsible person
• induces, assists or incites such a child to run away or stay away from the responsible person

applies to a child who is:
- in care
- subject of an emergency protection order
- in police protection

Question 21

Recovery Order

Answer 21

• where a child under a protection order is taken/ runs away
• can be issued by the court requiring certain people to produce the child to an authorised person (including a constable) or to give certain information about a child’s whereabouts to a constable/ officer of the court
• authorise any constable to enter any premises and search for the child
• allows for constables to be accompanied by a medical practitioner, nurse or health visitor

Question 22

Can a person be prosecuted for child abduction where personally connected to the child?

Answer 22

Yes with the consent of DPP

Question 23

Do police have to disclose a child’s whereabouts to a parent if their are fears for the child’s safety?

Answer 23

No - not required to give categoric assurances (cannot give the parent a guarantee but can say that it would be unlikely that they would have to divulge this information)

The parent could apply for a court order but this would mean that it would be divulged to the court not to the other party or his/ her solicitor

Question 24

What is the role of the initiating officer when removing a child into police protection?

Answer 24

• tell the local authority within whose area the child was found what steps have been, and are proposed to be, taken and why. This aspect of communicating with the local authority is a critical part of the protective powers;
• give details to the local authority within whose area the child is ordinarily resident of the place at which the child is being kept;
• tell the child (if he/ she appears capable of understanding) of what steps have been taken and why, and what further steps may be taken;
• take such steps as are reasonably practicable to discover the wishes and feelings of the child;
• make sure that the case is inquired into by a ‘designated officer’
• 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 under this section, the reasons for taking them and the further steps that may be taken with respect to the child.

This element of informing the child, parent and/or relevant carers of what is happening and why is also a vital part of the protective process.

On no account should a child who has been taken into police protection be taken to the cell block area of a police station.

Neither the officer concerned nor the designated officer will have parental responsibility for the child

Police can apply for an EPO but this would be led by another officer, the designated officer.

Question 25

Designated Officer Duties in Police Protection

Answer 25

Where a child has been taken into police protection, the designated officer shall allow—
(a) the child’s parents;
(b) any person who is not a parent of the child but who has parental responsibility for him;
(c) any person with whom the child was living immediately before he was taken into police protection;
(d) any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;
(e) any person who is allowed to have contact with the child by virtue of an order under section 34; and
(f) any person acting on behalf of any of those persons,to have such contact (if any) with the child as, in the opinion of the designated officer, is both reasonable and in the child’s best interests.”
So clearly it is the decision of the designated officer what, if any, contact should be had with the child whilst in police protection (answer B is therefore incorrect) considering:
* what is reasonable;
* what is in the child’s best interest.