Transcript Overview of The Children Act 1989

Overview of
The Children Act 1989
Dr Femi Akerele
Plymouth
What are people’s general understanding /
perception of the Act?
Background
• Arose from the need to reform the law with
regards to children.
• Need for a ‘simplified & coherent’ body of
law
• Unify children services by encouraging
partnership btw parents and LA
• Introduce a comprehensive code to
resolve either public or private law.
Basic Principles
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The paramountcy of the child’s welfare
No delay principle
The ‘no order’ principle
The welfare checklist
These key principles operate under the concept that
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2.
3.
Children are best looked after by their family
Partnership by state and parents to best meet child’s needs
Public service co-operation will result in best service provision
Overview
Has over 100 sections and 15 schedules
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Part I – Principles
Part II – Private law orders (e.g contact)
Part III – Local Authority support for children
Part IV- Care and Supervision orders
Part V – Protection of Children
Parental Responsibility
• Sec 3(1) – “all the rights, duties, powers,
responsibilities and authority of which by
law a parent of a child has in relation to
the child and his property”.
• Examples include – providing education, home,
disciplining a child, consenting or refusing to a child’s medical
treatment, protecting and maintaining a child.
Parental Responsibility
Who has Parental Responsibility?
Who has Parental Responsibility?
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Both parents – if married at child’s birth
If unmarried, mother alone has PR
PR lasts till child is adopted, dies or 18yrs
Unmarried father can acquire by –
a.
b.
c.
d.
e.
f.
Marrying the mother after birth
Adopting the child
Obtain a parental responsibility order from the court
Enter into PR agreement with the mother
Obtain a residence order + PR order
Be appointed a guardian
Who has Parental Responsibility?
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For anyone (relatives, step-parents,
foster parents) other than birth parents,
PR only by:
a.
b.
c.
Obtaining a residence order
Adopting the child
Obtain special guardianship order
Sec 3(5) – “a person who does not have PR, but has care
of the child, may merely ‘do what is reasonable’ in all
circumstances of the case for the purpose of
safeguarding and promoting the child’s welfare”
Part II orders
• Residence order: determines where and with
whom a child lives. PR is acquired. Lasts till the child is
16. Does not allow changing surname or removing from
UK
• Contact order:
requires the person the child lives
with to allow that child to visit or stay with the person
named in the order.
E.g, if the children are living with their mother, the father
can ask the court to order that the children stay with him
at particular times.
Part II orders
• Specific Issue order: determines a specific question which
has arisen in connection with any aspects of PR.
E.g if partners cannot decide on what school they should go to, whether
to change their surname, whether they should have a major operation
etc, an application can be made to the court.
• Prohibited Steps order: an order made by a court to
stop a parent doing something that he or she would
otherwise be entitled to do.
prevents either parent from carrying out certain events or
making specific trips with their children without the express
permission of the other parent.
Part III – LA support for children
Child in Need – any child;
• Who is unlikely to achieve or maintain
reasonable standard of health or devt
• Whose health or devt is likely to be
significantly impaired
• Who is disabled (includes mental disorder)
Local Authority support for children
• Requirement to perform Core Assessment
• Imposes duty to safeguard and promote
welfare
• Empowers LA to provide services –
education, housing, recreation
• Also imposes duties on ‘partner’ agencies,
including health
Court Orders
• Secure accommodation order
• Care order
• Supervision order
Child is suffering from or is likely to
suffer significant harm
Secure accommodation order
• Sec 25-“accommodation provided for the
purpose of restricting liberty”
• Risk of absconding or likely to injure self or
others
• Applies to looked afer children or in
healthcare settings, e.g wards, MH units
• LA, NHS, Education can apply to court
• Needs court application after 72 hrs
• Granted for initial 3months, can be renewed.
Care Order
• an order that places a child in the care of
the local authority.
• Child may remain at home or with relatives
• Can be interim or final
• Grants PR to the LA, which can be
exercised together with the parents
• Lasts till child is 18, or discharged by court
• Children in care are ‘Looked after children’
Supervision Order
• Places a child under the supervision of the
LA – to advice, assist and befriend the child
• LA does not acquire parental responsibility
• May include specific requirements to live at a
particular place, attend medical or psychiatric
appts or participate in specified activities.
• Commonly used in Youth Offending
• No powers to enforce the order
• Lasts for 1yr but extendable for up to 3yrs
Short term orders
Emergency protection order (S44): made when
a child or young person is in immediate danger and may
have to be taken away from home quickly.
• Lasts 8 days. Anyone ca apply
Police Protection(S46): in urgent cases where a
child is likely to suffer significant harm unless they are
removed and kept in suitable accommodation.
• E.g self harming, a runaway, need of medical Rx
• Lasts 72hrs
Others
Section 20?
- duty of all LA to make accommodation available for such
children in need.
• In agreement with /at the request of parents
• No court proceedings are involved, and the parents retain
full parental responsibility.
Sec 47?
- places a duty on LA to make enquiries into the circumstances
of children considered to be at risk of ‘significant harm’ and,
where these enquiries indicate the need, to undertake a full
Investigation into the child’s circumstances.
Children Act 1989 versus MHA 1983
• Can do virtually the same things
Rule of thumb
• If intrinsic mental disorder MHA
• If not Children Act