Public Children

Question 1

Public Law - Children e

Answer 1

Local Authority support and responsibilities under part III CA 1989

Care Proceedings under Part IV Children Act 1989

Emergency Protection of Children under Part V of the Children Act 1989

Question 2

Guiding Priniciples of CA

Answer 2

Welfare Principle - s.1(1)

Child’s Welfare is Paramount consideration

No delay Principle

All decisions should be made without DELAY

No Order Principle

Courts should not interfere unless it is better fir the child that na order is made.

Question 3

PArt III CA

Answer 3

Co-operation and prevention are better than a cure

Question 4

What is the duty if the Local Authority

Answer 4

s.17(1)

-Safeguard and promote the welfare of children within their area who are in need;

Promote the upbringing of such children by their families where possible.

Question 5

who is a child “in need”

Answer 5

s.17 (10)CA 2989

Question 6

Part IV Orders

Answer 6

Places the Child names in the order in the care /supervision of the designated local authority.

Question 7

Threshold Criteria s. 31(2)(a) CA

Answer 7

Ill-treatment - Sexual abuse and other forms which are not physical

s.31 (9)

“Harm” Ill treatment or impairment of health or development

“Health” - Physical or Mental “Development”

Question 8

“Harm”

Answer 8

extremely wide definition need to assess if the harm is “Significant”

s.31(10)

Compare Child’s health or development with what is reasonably expected of a similar child

Question 9

Re M [1994]

Answer 9

Q - Threshold Criteria test date?
A- The date LA Commences ‘protective arrangements’ (as long as continue they until the final disposal of the case).
i.e. Steps the LA takes to “look after” a child under Parts III, IV, V of CA.