The orders Flashcards
How should LA use their provision of services
LA are supposed to use the provision services to promote the up bring of children by their families and reduce the need for children to be taken into care. In doing so act in partnership with parents.
Where is the duty of a LA found
S 17(1) CA: It shall be the general duty of every local authority to (a) to safeguard and promote the welfare of children within their area who are in need; and (b) so far as is consistent with that duty, to promote the upbringing of such children by their families, by providing a range and level of services appropriate to those children’s needs.
Where are children in need defined
S 17(0) ChA§
Where are the different powers of a LA found
S 17A-18 and Sch 2, Part I.
Which S allows a LA to provide accommodation
S 20(1) CA: provides situations in which the LA shall provide accommodation for any child is need.
Can S 20 accommodation be provided without consent
S 20(7): A LA cannot provide if the person with PR is willing and can provide accommodation or objects,
Is a parents PR affected by S 20 accommodation
No
S which allows a parent to remove from s 20 accommodation
S 20(8)
What section deals with a child in care
S 33
Section given PR to the LA while a child is in care
S 33(3)(a) CA: while a care order is in force the LA shall have PR for the child, but the parents PR will not cease S 2(6) and s 2(7)
Why is accommodation and care different
Care and accommodation very different, when taken into care the parent is in a much weaker position.
Can a parent have contact with child will in accommodation
S 34 CA: the LA must allow the child reasonable contact with his parents.
Which section deals with looked after children
S 22 and S 22C
Where will usually try and accommodate
S 22C(6) and (7), should involve living with a relative, friend or another person connected with the child. Referred to as kinship care, or family and friend placement.
What are EPS and PPO said to be
draconian measures and only used where there is an imminent danger and it is proportionate and no less radical order will do
When should the LA seek an EPO
S 47(1)9b) reasonable cause to suspect suffering, S 47(6) if in course of enquires refused/denied information to the child then must make an order
What may the LA encourage instead
LAs often encourage parents to make informal arrangements for their children to be cared for by relatives or friends.
Arrangements which are purely informal, even if they have been made at the instigation of the LA do not cause the child to become looked after.
But if S 20 is used then will have to be approved as LA foster parents and the child will become a looked after one
Police protection s
- S 46 CA: If situation considered an emergency the LA may use police protection under s 46
How long for PP
72 hours S 46(6)
What happens with PR when a PPO is made
S 46(9) PR is unaffected
When will it be likely a PPO will be made
As no court order, s 46 can be used when a child needs to be removed from the mother immediately after birth e.g. in the mother is mentally ill and may harm the child.
When should PPO be used
Police protection should only be used when it is not practicable for a court order to be sought and when the child’s immediate safety demands it (Langley v Liverpool City Council).
S for EPOS
S 44(1)(a) and s 44(1)(b) when an order can be made
What happens to PR is an EPO is made
S 44(4)(b) CA: gives the applicant PR
How long shall na EPO last
- S 45(1) CA: EPO shall not exceed 8 days
How long can an EPO be extended for
- S 45(5) CA: allows the court to extend the period once (S 45(6)) for 7 days, if it has reasonable cause to believe that the child concerned is likely to suffer significant harm if the order is not extended.
X Council v B
‘exceptional justification’ and ‘extraordinarily compelling reasons’
When will an interim order need to be made
- Police protection and EPOs are emergency steps to keep the child out of the home for a short period, hence the need for interim orders.
Grounds for an interim order
S 38(2) CA: allows the court to make an interim care order or interim supervision order where it is satisfied that there are reasonable grounds for believing that the threshold test for granting of a care order is satisfied.
When should an interim order be made
Re L-A the court should only decide issues that cannot wait until the full hearing and children should only be removed from the parents if their physical or psychological safety demands immediate separation
What is the effect of an interim order
Interim care orders have the same effect as a full care order (S 31(11) ChA
Time limit for care orders
introduced a 26 time limit for orders (S 32(1)(a)(ii)). A court may extend the period, but only may do so if the court considers that the extension is necessary to enable the court to resolve the proceeding justly (S 32(5))
