Children- Public Law PDF

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Summary

PREP TASK1. What action should social services take? LA should determine whether child = child in need per S17(10) CA 1989 LA should investigate situation under S47 CA 1989 if it suspects that the children are suffering/are likely to suffer significant harm. 2. What should social services do now? Gi...

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PREP TASK 1. What action should social services take? LA should determine whether child = child in need per S17(10) CA 1989 LA should investigate situation under S47 CA 1989 if it suspects that the children are suffering/are likely to suffer significant harm. 2. What should social services do now? Give details. Get Kerry to the dentist, after school for the kids, counselling for the mother, practical help for cleaning the home

a)

b)

c)

d)

e)

Child Protection Conference – where, following an investigation, the LA considers that there may be a risk of significant harm to the child (as is the case here – see house if filthy and without electricity, Kerry’s teeth decaying, Mandy smells of alcohol, Kerry’s school attendance has been erratic and she appears dirty and unkempt and has a very short concentration), the LA will consider convening a child protection conference Formal meeting bringing together family members with supporters, advocates and professionals more involved with the child and the family (social services, police, health, education)  to get father and Mandy to look after children better If unsuccessful care order What would you advise Mandy about the Local Authority’s duties? Duty to children in need – S17: It is the duty of every LA: a) To safeguard and promote the welfare of children within its area who are in need; and b) So far as is consistent with that duty, to promote the upbringing of such children by their families By providing a range and level of services appropriate to those children’s needs Should not initiate care proceedings unless evidence that provision of services has failed the children’s need What action would you consider if social services continued to refuse to provide relevant services? No way of challenging LA but all LAs must have a complaints procedure (S26) for considering representations about the discharge of any of its functions Require that recommended to a review panel  if fails to follow panel’s recommendation actions may be subject to judicial review What would you advise her? Parents encouraged to attend (Protocol) + get sol to attend for her  important for her to be there  should arrange a time that she can attend If a decision is made that the children are at continuing risk of significant harm, under which category of abuse or neglect is this most likely to be? Neglect What would you advise her as to social services’ duties? LA have a duty to provide accommodation for any children in need in its area if the person caring for them is prevented from providing suitable accommodation or care under S20. LA may not provide accommodation if anyone with PR, who is willing and able to provide accommodation, objects. As H out of the picture – no one willing and able to provide for the children so the LA has a duty to accommodate

them. WORKSHOP TASK

Harm (S31(9)): -

Ill-treatment. The impairment of physical or mental health (including that suffered from seeing or hearing another person suffer ill-treatment). The impairment of physical, intellectual, emotional, social or behavioural development (including that suffered from seeing or hearing another person suffer illtreatment).

Significant harm: Re MA: "the harm must ... be significant enough to justify the intervention of the State and disturb the autonomy of the parents to bring up their children by themselves in the way they choose” -

Balance of probabilities Objective test: what would a reasonable parent do  subjective element: standard of care required must relate to the particular child How to assess whether likely to suffer ham: Evidence of events and circumstances occurring on or before the relevant date can be relied on to prove the child is suffering or is likely to suffer significant harm (Re M)

Should the app for an EPO be made without notice or without notice?

What is the likely outcome of this app?...