Private Law Children vs. Public Law Children Flashcards
(19 cards)
2 distinction lies primarily in:
(1) who initiates the legal proceedings and (2) the primary purpose of those proceedings
Private Law Children Proceedings=?
e.g., Child Arrangements Orders
For Private Law Children Proceedings, who Initiates?
disputes primarily between private individuals , usually parents, but sometimes other relatives or connected persons (like grandparents or step-parents, though they might need leave from the court to apply).
Primary Purpose of privateLaw Children Proceeding?
resolve disputes about the upbringing of a child when those individuals cannot agree.
For private law Children proceeding, it purposed is to resolve disputes about the upbringing of a child when those individuals cannot agree—> focus is on determining arrangements such as?
- Who the child lives with ((Child Arrangements Order - ‘live with’ provision)).
- How much time the child spends with the other parent or person ((Child Arrangements Order - ‘spend time with’ provision)).
- Specific issues like choice of school or medical treatment ((Specific Issue Order)).
- Preventing a parent from taking a certain step ((Prohibited Steps Order)).
State involvement in private Law children proceeding:
The State (i.e., the court and CAFCASS) acts as an arbiter or facilitator to help resolve the private dispute , always guided by the child’s welfare as the paramount consideration ((s.1 Children Act 1989)).
The Local Authority (social services) is usually not a party to these proceedings unless the court specifically asks for a report (e.g., a s.7 report from CAFCASS or occasionally a local authority if CAFCASS isn’t available or appropriate).
Private Law Children Proceeding core legislation:
Primarily applications under (Section 8 of the Children Act 1989) for Child Arrangements Orders, Specific Issue Orders, and Prohibited Steps Orders.
Public Law Children Proceedings =?
e.g., Child Protection / Care Orders
For Public Law Children Proceeding, Who Initiates?
primarily initiated by the State, specifically a Local Authority (LA) (social services), or sometimes by an authorised person like the NSPCC.
Primary Purpose of Public Law Children proceedings:
To protect a child from significant harm or the risk of significant harm due to the care (or lack of care) being provided by their parents or carers.
The State intervenes because there are serious concerns about the child’s safety and well-being that require statutory intervention.
State Involvement of Public Law Children proceedings:
The Local Authority is a party to the proceedings. They apply to the court for orders that can significantly interfere with Parental Responsibility
Examples that the local authority applies to the court for orders that can significantly interfere with Parental responsibility (public law children proceedings):
- Care Order (s.31 Children Act 1989)
- Supervision Order (s.31 Children Act 1989)
- Emergency Protection Order (EPO) (s.44 Children Act 1989)
What is Supervision Order (s.31 Children Act 1989)?
This places the child under the supervision of the Local Authority (LA) while they remain in the care of their parents, with the LA advising, assisting, and befriending the family.
What is Care Order (s.31 Children Act 1989)?
This gives the Local Authority (LA) PR and allows them to take the child into care, sharing PR with the parents but having the power to determine the extent to which parents exercise their PR.
What is Emergency Protection Order (EPO) (s.44 Children Act 1989)?
A short-term order to remove a child immediately if they are in imminent danger.
Threshold Criteria- For the court to make a Care Order or Supervision Order the stringent threshold criteria must be met, which section is it?
under s.31(2) Children Act 1989
Threshold Criteria For the court to make a Care Order or Supervision Order are:
Under a.31 (2):
- the court must be satisfied that:
the child concerned is suffering, or is likely to suffer, significant harm; and - that the harm, or likelihood of harm, is attributable to the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or the child’s being beyond parental control.
Public Law Children Proceedings core legislation:
Primarily applications under Part IV of the Children Act 1989 (Care and Supervision Orders, EPOs).
NSPCC?
stands for the National Society for the Prevention of Cruelty to Children.
