Child Protection

Question 1

What are the two offences of abducting children?

Answer 1

Person connected with child (s1 Child Abduction Act 1984).

Person not connected with child (s2 Child Abduction Act 1984).

Question 2

Child abduction – Person connected with child

Answer 2

s1 Child Abduction Act 1984

(1) A person connected with a child under the age of sixteen commits an offence if he takes or sends the child out of the United Kingdom without the appropriate consent.
(2) A person is connected with a child if they are a parent, guardian, person with residence order, a person with a custody order, or a person who whilst not married at the time of birth, has reasonable grounds to believe is the father.

DPP consent is required for prosecution.

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 7 years and/ or fine.

Question 3

Child abduction – Person connected with child

(3) In this section ’the appropriate consent’, in relation to a child, means—

Answer 3

s1 Child Abduction Act 1984

(a) The consent of each of the following—
(i) The child’s mother;
(ii) The child’s father, if he has parental responsibility for him;
(iii) Any guardian of the child;
(iiia) Any special guardian of the child;
(iv) Any person named in a child arrangements order as a person with whom the child is to live;
(v) Any person who has custody of the child; or

(b) The leave of the court granted under or by virtue of any provision of Part II of the Children Act 1989; or
(c) If any person has custody of the child, the leave of the court which awarded custody to him.

Question 4

Child abduction – Person connected with child

Defences

(4) A person does not commit an offence under this section by taking or sending a child out of the United Kingdom without obtaining the appropriate consent if—

Answer 4

s1 Child Abduction Act 1984

1. (a) He is a person named in a child arrangements order…and he takes…out of UK…LESS THAN ONE MONTH or,
   (b) He is a special guardian of the child and he takes or sends the child out of the United Kingdom for a period of less than three months.
2. (a) He does it in the belief that the other person—
   (i) Has consented; or
   (ii) Would consent if he was aware of all the relevant circumstances; or

(b) He has taken all reasonable steps to communicate with the other person but has been unable to communicate with him; or
(c) The other person has unreasonably refused to consent.

Question 5

Child abduction – Person connected with child

What is a special guardian?

Answer 5

Special Guardianship is an order made by the Family Court that places a child or young person to live with someone other than their parent(s) on a long-term basis.

Question 6

Child abduction – Person connected with child

What is a child arrangements order?

Answer 6

Section 8(1) of the Children Act 1989 states that a child arrangements order means an order regulating arrangements relating to any of the following:

(a) With whom a child is to live, spend time or otherwise have contact, and
(b) When a child is to live, spend time or otherwise have contact with any person.

Question 7

Child abduction – Person not connected with child

Answer 7

s2 Child Abduction Act 1984

(1) A person commits an offence if, without lawful authority or reasonable excuse, he takes or detains a child under the age of sixteen so as to keep/ remove him from the lawful control of any person having lawful control of the child.
- Does not apply to the father/mother (if married at the time of birth), the mother (if not married at the time of birth) or a guardian or person with residency order or custody of the child.

Question 8

Child abduction – Person not connected with child

Defences

Answer 8

s2 Child Abduction Act 1984

…it shall be a defence for that person to prove—

(a) Where the father and mother of the child in question were not married/ civil partners to each other at the time of his birth—
(i) that he is the child’s father; or
(ii) That, at the time of the alleged offence, he believed, on reasonable grounds, that he was the child’s father; or

(b) That, at the time of the alleged offence, he believed that the child had attained the age of sixteen.

Question 9

Child cruelty offence

Answer 9

s1 Children and Young Persons Act 1933

(1) If any person who has attained the age of sixteen years and has RESPONSIBILITY for any child or young person under that age, wilfully…
- assaults
- ill-treats (whether physically or otherwise)
- neglects
- abandons,
- exposes him, in a manner likely to cause him unnecessary suffering or injury to health (whether the suffering or injury is of a physical or a psychological nature),

or causes or procures him to be any of the above.

….that person shall be guilty of an offence.

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 10 years and/ or fine.

Question 10

The police have specific statutory powers to deal with the threat of significant harm posed to children.

What are these?

Answer 10

s46 Children Act 1989

Removal and accommodation of children by police in cases of emergency.

(1) Where a constable has reasonable cause to believe that a child (<18) would otherwise be likely to suffer significant harm, he may remove the child to suitable accommodation and keep him there; or prevent the child’s removal from any hospital or other place.

The child can remain in police protection for up to 72 hours and the police responsibility starts when the power is exercised.

Question 11

Removal and accommodation of children likely to suffer significant harm by police in cases of emergency.

Where defines ‘harm’?

Answer 11

s31(9) Children Act 1989

“harm” means ill-treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill-treatment of another.

“development” means physical, intellectual, emotional, social or behavioural development;

“health” means physical or mental health; and

“ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.

Question 12

Considering s46 Children Act 1989, what is the longest amount of time a child can spend in police protection?

Answer 12

72 hours (s46(6))

Question 13

Can an s46 power be exercised when the child is already subject to an Emergency Protection Order (EPO)?

Answer 13

Yes – where the constable has reasonable cause to believe that the child would otherwise be likely to suffer significant harm (compelling reasons).

Question 14

s46 Children Act 1989

(3) As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall—

Answer 14

(a) Inform the local authority within whose area the child was found of the steps that have been, and are proposed to be, taken with respect to the child under this section and the reasons for taking them;
(b) Give details to the authority within whose area the child is ordinarily resident (“the appropriate authority”) of the place at which the child is being accommodated;

(c) Inform the child (if he appears capable of understanding)—
(i) Of the steps that have been taken with respect to him under this section and of the reasons for taking them; and
(ii) Of the further steps that may be taken with respect to him under this section;

(d) Take such steps as are reasonably practicable to discover the wishes and feelings of the child;
(e) Secure that the case is inquired into by an officer designated for the purposes of this section by the chief officer of the police area concerned; and

(f) Where the child was taken into police protection by being removed to accommodation which is not provided
(i) By or on behalf of a local authority; or
(ii) As a refuge, in compliance with the requirements of section 51,secure that he is moved to accommodation which is so provided.

(4) As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall take such steps as are reasonably practicable to inform—
(a) The child’s parents;
(b) Every person who is not a parent of his but who has parental responsibility for him; and
(c) Any other person with whom the child was living immediately before being taken into police protection,of the steps that he has taken under this section with respect to the child, the reasons for taking them and the further steps that may be taken with respect to him under this section.

Question 15

Where a child has been taken into police protection, the designated officer shall allow:

Answer 15

46(10) Children Act 1989

• The Child’s parents
• Any person who is not a parent of his but who has parental responsibility for him
• Any person with whom the child was living immediately before being taken into police protection,
• Any person in whose favour a contact order is in force with respect to the child
• Any person who is allowed to have contact with the child bu virtue of an order under s34
• Any person acting on behalf of any of those people

…to have contact (if any) with the child, as is in the opinion of the designated officer, is both reasonable and in the child’s best interests

Question 16

Designated officers may apply for an ‘emergency protection order’ under s44. What does this allow for?

Answer 16

s46(7) Children Act 1989

Allows the court to order the removal of a child to certain types of accommodation and to prevent the child removal from any other place where he/she was being accommodated immediately before making the order.

Gives the applicant ‘parental responsibility’ for the child while it is in force.

Allows the ability to make certain directions in relation to contact with the child and a medical/ psychiatric assessment.

Question 17

What does section 44A of the Children Act 1989 allow for?

Answer 17

The court to make an order excluding certain people from a dwelling house where the child lives and to attach a power of arrest accordingly.

Question 18

When a local authority is informed that a child is in police protection, they have a duty to do what?

Answer 18

Make such enquiries as they consider necessary to enable them to decide whether they should take any such action to ‘safeguard’ the child (s47(1)(b)).

Question 19

Acting in Contravention of Protection Order or Power Exercised under s46

Answer 19

s49 Children Act 1989

(1) A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he—
(a) Takes a child to whom this section applies away from the responsible person;
(b) Keeps such a child away from the responsible person; or
(c) Induces, assists or incites such a child to run away or stay away from the responsible person.

(2) This section applies in relation to a child who is—
(a) In care;
(b) The subject of an emergency protection order; or
(c) In police protection, and in this section “the responsible person” means any person who for the time being has care of him by virtue of the care order, the emergency protection order, or section 46, as the case may be.

Penalty:
- Summarily– 6 months and/ or fine.

Question 20

Where a child is taken in contravention of s49, the court may issue what?

Answer 20

A ‘recovery order’ under s50.

(3) A recovery order—
(a) Operates as a direction to any person who is in a position to do so to produce the child on request to any authorised person;
(b) Authorises the removal of the child by any authorised person;
(c) Requires any person who has information as to the child’s whereabouts to disclose that information, if asked to do so, to a constable or an officer of the court;
(d) Authorises a constable to enter any premises specified in the order and search for the child using reasonable force if necessary.

Question 21

Power of constable to assist in the exercise of certain powers to search for children or inspect premises

Answer 21

s102 Children Act 1989

May issue a warrant to enter premises in connection with certain provisions of the Act which regulate children’s homes, foster homes, child-minding premises and nursing homes for children.

s102 allows for constables to assist in any person in the exercise of their powers under those provisions. It makes allowances for a constable to be accompanied by a medical practitioner, nurse or health visitor (s102(3)).

Question 22

Question: John wishes to take his 7-year-old son to Portugal against his mother’s wishes because he believes that following the breakdown of the marriage he will lose custody of the child. John asks his mate to pick up the child from Scouts and take him to Heathrow where John meets him and they fly off to Portugal.

What offence has been committed?

Answer 22

Child Abduction Act 1984

The father would commit child abduction – person connected with child (s1).

The mate would commit child abduction – person not connected with child (s2).

Question 23

Question: Who should be informed as soon as reasonably practicable following the instigation of s46 of the Childrens Act (the statutory powers to deal with the threat of significant harm posed to children)?

Answer 23

Local authority

Child

A designated officer (normally an Inspector)

Parents

Those with parents responsibility

Anyone the child was living with immediately prior to the course of action