Children Act 1989 Flashcards
(29 cards)
Child is at risk of Significant Harm
S44 - Police Powers of protection
EPO - Emergency Placement Order
Parental Responsibility
- Introduced by the CA 1989 and emphasises parental responsibilities towards children NOT rights over them
- All mothers - unless child becomes adopted
- Umarried fathers named on birth certificate post to 01.12.2003 - adapted by Adoption & Children Act 2002
- Fathers if child born when parents are married.
- Adopted parents.
- LA by way of care order (balance of favour w/ LA).
WTSC 2016 p. 6
Safeguarding Children
Protecting children from maltreatment.
Preventing impairment of physical and mental health or development.
Ensuring that children -growing up-circumstances consistent-provision of safe and effective care.
Taking action-enable-all children-best outcomes.
WTSC 2018 p. 6
Child Protection
Part of safeguarding and promoting welfare.
Refers - specific activity - undertaken to protect individual children - suffering/likely to suffer-significant harm..
Abuse is
WTSC 2018 p. 106
Appendix A - definitions of forms of abuse.
Form of Maltreatment/child. Somebody-abuse/neglect child-inflicting harm/failing to prevent harm.
Harm = ill treatment not physical-include witnessing ill treatment of others-e.g. all forms of domestic abuse.
Abused by family-institutional/community setting-those who know them-rarely others-wholly online/technology facilitate
Abused by = adult-child/children
Physical abuse
WTSC 2018 p. 106
Form of abuse-hitting/shaking/throwing/poisoning/burning/scalding/drowning/suffocating-otherwise causing physical harm to a child.
Also-parent/carer-fabricates symptoms of, or deliberately induces illness in a child.
Sexual abuse
WTSC 2018 p. 107
Forcing/enticing -child/YP-sexual activities-not necessarily-high level-violence-whether or not-child aware what’s happening.
Physical contact-assault by penetration-non-penetrative acts-masturbation/kissing/rubbing.
Non-contact-watching porn-encouraging sexual behaviour-production sexual images
Online/technology facilitate.
Not solely adult males-women-other children
Child sexual exploitation (CSE)
WTSC 2018 p. 108
CSE form of child sexual abuse.
Individual/group-take advantage-imbalance of power-coerce/manipulate/deceive-child/YP-into sexual activity.
In exchange for something victim needs or wants, and/or
Financial advantage/increased status-perpetrator/facilitator.
Sexually exploited-even if-activity appears consensual.
CSE-not always-physical contact-use of technology.
Contextual Safeguarding & Assessment
Risk outside of home
New approach to SGC-particularly adolescents-typical development-lessening parental influence/greater impact of peers/environment
Risks-wider environment/context-eg drugs/CSE/radicalisation.
WTSC 2018 p. 25
Emotional abuse definition
WTSC 2018 p. 107.
Part 1
Persistent emotional maltreatment-such to cause severe/persistent-adverse effects-child’s emotional development.
Conveying child-worthless/unloved/inadequate/valued only insofar meet needs other person.
Not giving opportunities to express vies-silencing them -making fun-what they say/how they communicate.
Emotional abuse definition
WTSC 2018 p. 107
Part 2
May feature-age/developmentally inappropriate-expectations imposed on children-eg interactions beyond developmental capability-overprotection/limitation-exploration/learning/preventing participation-normal social interaction.
Seeing/hearing ill-treatment of another. Bullying (+cyber)-exploitation/corruption child.
Level in maltreatment-may occur-isolation.
Neglect definition
WTSC 2018 p. 108.
Persistent failure-meet child’s basic physical and/or psychological needs-likely result-impairment-health/development.
Pregnancy-maternal substance abuse.
Child born-neglect=parent/carer-failing to:
-Provide adequate food/clothing/shelter (exclusion from home/abandonment).
-Protect from physical/emotional harm/danger.
-Ensure adequate supervision (inadequate care givers)
-Ensure access/medical care/treatment.
Also-neglect of/unresponsive ness to/basic emotional needs
Children Act 1989
History
14.10.1991
-Rationalised different pieces children’s law
-Covers private & public law.
Brammer, 2020
-New terminology
-New orders
-Child’s voice
-Doesn’t cover adoption & youth justice.
Children Act 1989
Frequent use
Part I: Introductory
Explains the principles of the Act.
Important to know as they underpin any SW practice with children a no families.
Children Act 1989
Frequent use
Part II: Orders with respect to children in family proceedings.
Private Law
Section 8 orders - private law tends not to involve SW but s7 and s37 might result in LA SW involvement.
Section 7 - report requested by court-private family proceedings-LA to comment on particular issue-eg whom a child reside/have contact with - CAO
Section 37 - private-Court wants LA-assess level of significant harm-child/children-? Care proceedings should be initiated.
Children Act 1989
Part III: Support for children and families provided by local authorities in England
Children in Need (s17) - Link to Assessment Framework timescale and WTSC 2018.
Statutory Duties are a requirement of final placement.
Section 17(1): LA-general duty-safeguard/promote-welfare-children in need.
Children Act
Part IV: Care and Supervision.
Care and Supervision Orders.
Public Law proceedings.
Highly likely that a children’s SW will be involved.
Care Act 1989
Part V: Protection of Children
Duty to investigate (s47) and Emergency Orders.
LA children’s SW will be involved in s47 enquiries and statutory duties are a requirement of final placement.
Children Act 1989
Section 17(1)
Section 17(1)-ChA 1989 LA-general duty-safeguard/promote-welfare-children in their area who are IN Need; so far as-consistent w/ duty-promote-upbringing-children-their families-range & level-services appropriate-child/children’s needs. Section 17: shorthand-statutory authority-provinding services-CiN-not-LAC
Child in Need
17(10)
Section 17 (10) ChA’89 Child=CIN if:
- he/she-unlikely-achieve/maintain-have opportunity-achieving/maintaining-reasonable standard of development-w/out the provision-services-LA
- health/development-likely-significantly impaired/further impaired-w/out-provision-services
- he/she disabled.
Looked After Child
LAC (i)
A Looked After Child-child-Accommodated-local authority; child subject- Interim Care Order/ full Care Order/ Emergency Protection Order/child-remanded-court-local authority accommodation/Youth Detention Accommodation.
(3 December 2012 - Legal Aid, Sentencing and Punishment of Offenders Act 2012 amended-Local Authority Social Services Act 1970-children-remanded-court-local authority accommodation/youth detention accommodation into-definition-LAC-purposes-Children Act 1989).
Looked After Child
LAC (ii)
Placement
Looked After Children-placed with parents/ foster carers (including relatives and friends)/ Children’s Homes/Secure Accommodation/ with prospective adopters
Looked after Child
LAC (iii)
Adoption
Where a child is placed for Adoption or the local authority is authorised to place a child for adoption - either through the making of a Placement Order or the giving of Parental Consent to Adoptive Placement - the child is a Looked After child
GUIDANCE AND REGULATIONS
Court orders and pre-proceedings (vol 1)
Care planning, placement and review (Vol 2)
Transition to adulthood for care leavers (Vol 3)
Fostering services (Vol 4)
Children’s homes regulations,including quality standards: guide (Vol 5)
