The orders

Question 1

How should LA use their provision of services

Answer 1

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.

Question 2

Where is the duty of a LA found

Answer 2

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.

Question 3

Where are children in need defined

Answer 3

S 17(0) ChA§

Question 4

Where are the different powers of a LA found

Answer 4

S 17A-18 and Sch 2, Part I.

Question 5

Which S allows a LA to provide accommodation

Answer 5

S 20(1) CA: provides situations in which the LA shall provide accommodation for any child is need.

Question 6

Can S 20 accommodation be provided without consent

Answer 6

S 20(7): A LA cannot provide if the person with PR is willing and can provide accommodation or objects,

Question 7

Is a parents PR affected by S 20 accommodation

Answer 7

No

Question 8

S which allows a parent to remove from s 20 accommodation

Answer 8

S 20(8)

Question 9

What section deals with a child in care

Answer 9

S 33

Question 10

Section given PR to the LA while a child is in care

Answer 10

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)

Question 11

Why is accommodation and care different

Answer 11

Care and accommodation very different, when taken into care the parent is in a much weaker position.

Question 12

Can a parent have contact with child will in accommodation

Answer 12

S 34 CA: the LA must allow the child reasonable contact with his parents.

Question 13

Which section deals with looked after children

Answer 13

S 22 and S 22C

Question 14

Where will usually try and accommodate

Answer 14

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.

Question 15

What are EPS and PPO said to be

Answer 15

draconian measures and only used where there is an imminent danger and it is proportionate and no less radical order will do

Question 16

When should the LA seek an EPO

Answer 16

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

Question 17

What may the LA encourage instead

Answer 17

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

Question 18

Police protection s

Answer 18

• S 46 CA: If situation considered an emergency the LA may use police protection under s 46

Question 19

How long for PP

Answer 19

72 hours S 46(6)

Question 20

What happens with PR when a PPO is made

Answer 20

S 46(9) PR is unaffected

Question 21

When will it be likely a PPO will be made

Answer 21

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.

Question 22

When should PPO be used

Answer 22

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).

Question 23

S for EPOS

Answer 23

S 44(1)(a) and s 44(1)(b) when an order can be made

Question 24

What happens to PR is an EPO is made

Answer 24

S 44(4)(b) CA: gives the applicant PR

Question 25

How long shall na EPO last

Answer 25

• S 45(1) CA: EPO shall not exceed 8 days

Question 26

How long can an EPO be extended for

Answer 26

• 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.

Question 27

X Council v B

Answer 27

‘exceptional justification’ and ‘extraordinarily compelling reasons’

Question 28

When will an interim order need to be made

Answer 28

• 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.

Question 29

Grounds for an interim order

Answer 29

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.

Question 30

When should an interim order be made

Answer 30

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

Question 31

What is the effect of an interim order

Answer 31

Interim care orders have the same effect as a full care order (S 31(11) ChA

Question 32

Time limit for care orders

Answer 32

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))