This essay will first address the statute used and interpretation of the threshold test by the courts, and then focus on cases involving vulnerable children to assess whether the statute in The Children Act 1989 is sufficient in protecting these children from harm. I will look at the argument in favour of the current approach taken by the courts, and the counter-argument in favour of changing the current approach. The arguments are delicately balanced and the law is always developing, so it will be interesting to see how the Supreme Court resolves this issue in future.
The grounds for making a supervision or care order can be found in in s.31 of The Children Act 1989. Before a supervision or care order can be made, there are four areas that must be established. The court must show that ‘the child concerned is suffering or likely to suffer, significant harm’. Under s.31(2)(b) it states that, ‘The harm, or likelihood of harm, is attributable to: (i) 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 him; or (ii) the child’s being beyond parental control’. The last two criteria are that the making of the order would promote the welfare of the child, and it is better for the child than making no order at all. A care order was explained in Hunt’s major study on care proceedings as a “last resort” and should only be used if all other options have been explored .
The first two parts illustrate the threshold test. There are definitions under s.31(9) of The Children Act 1989 for the words used in s.31(2)(a) of the Children Act 1989. Harm is defined as ‘ill-treatment or the impairment of health or development’. ‘Development’ is defined as ...
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...d, ‘so far as the threshold conditions are concerned, the factor which seems to me to outweigh all others is the prospect than an unidentified, and unidentifiable, carer may inflict further injury on a child he or she has already severely damaged’. This approach was later applied in Merton LBC v K .
Works Cited
• A. Bainham, ‘Uncertain Perpetrators and Siblings at Risk’ (2011) The Cambridge Law Journal 3 (70) pp. 508-511
• C. Cobley & N. Lowe, ‘Interpreting the Threshold Criteria Under Section 31(2) of the Children Act 1989 – the House of Lords Decision in Re B’ (2009) Modern Law Review 72 (3)
• C. Cobley & N. Lowe, ‘The stautory “threshold” under section 31 of the Children Act 1989 – time to take stock’ (2011) Law Quarterly Review 396
• J. Hunt et al, ‘The Last Resort’ (1999)
• The Guardian Newspaper, ‘National: News: Care Decision’ (18 November 2008) p.8
If the local authority establishes that the child is a child in need or at risk of harm, it has a duty under section 47 of the Children Act (1989) to make a care plan or child protection plan to provide support which involves adequate supervision and checks to ensure that the child is no longer at risk. The UN Convention on the Rights of the Child (1989) promotes empowerment for children as they can exercise their right to express their views and be heard and their best interest would be at the centre of the intervention and social workers need to ensure that decisions made are not affected by the influence from family or professionals they work with (Lee & Hudson,
The areas in which these reforms should occur are twofold. One argument that Judge Ross raises repeatedly is that measures should be taken to insure the sustainability of Family Court employees through more manageable caseloads. The necessity of this change is evident in countless examples of children suffering as a result of constantly changing, thin-spread, staff. In one particular instance, a six month child abuse case is adjourned because they “don’t have the medical records” in time (128). The second argument that can be implicitly made based off of Judge Ross’s expressed frustrations is that, if given the proper time for consideration, there should be more room for consideration of circumstance in Family Court. From a legal standpoint, there is substantial evidence for the validity of a common law approach to Family Court over the traditional civil law. Judge Ross establishes that ideally “In each case to protect children, to assure due process, to remain neutral until the facts are established, to apply common sense and sound judgment within the framework of the law in making decisions—the Family Court judge’s charge lies quite outside the arena of public policy, comment, and debate” (104). However, as seen in many of his cases, the combination of the overflowing workload and an inability to apply proper consideration to any given circumstance makes it impossible for the pre-existing
Wilson, K. and Adrian J. L. (2007) The Child Protection Handbook: The Practitioner's Guide to Safeguarding Children. Edinburgh: Bailliere Tindall
The Adam Walsh Child Protection and Safety Act of 2006 was established because an American boy was abducted form a Florida shopping mall and was later found murdered. The act was signed into law by George W. Bush on July 27, 2006. This act is established to protect children from sexual exploitation and violent crime to prevent child abuse and child pornography to promote internet safety. This act is also known as the sex offender registration and notification act. It was established with the intention to strengthen laws related to child sexual predators. This law was instructed for each state and/or territory to apply criteria’s for posting offenders data on the internet.
Another, key point is that in the UK the statistic for neglect by parent on children is extremely high, (Radford et al, 2011) has said “In England, 18,220 children were the subject of a child protection plan under t...
The criminal case covered in this essay involve a triple family murder done by an 18 year old student named Jason Alexander Downie. Jason migrated from Kilmarnock, Scotland to Adelaide, Australia in 2006 with his mother. He was known to have sexual infatuation with a 16 year old named Chantelle Rowe (Shears 2012) and was jealous with one of his friend who was dating her. Downie’s lawyer said that his client has no intention killing anyone and only wanted to “confront Chantelle’s boyfriend in the mistaken belief that he was staying [at her home...
R N Howie and P A Johnson, Annotated Criminal Legislation NSW, 2011-2102, (Lexis Nexis Butterworths 2012) 17769-1774
In this essay I am assuming the role of the social worker. In this case Peter and Jane have a baby son called David, who is about four months old. It says in section 2 (1), that where the child’s parents have been married before the conception of the child, they shall each have parental responsibility for the child, the meaning of parental responsibility is discussed in section 3. In this case, both Peter and Jane were married at David’s birth. Jane bought David in to hospital with a severe head injury. Upon examination by the hospital staff he is found to also have suffered previous injury to some of his ribs. This has caused grave concern and given rise to the hospital notifying the police. They in turn have gone on to notify the local authority, which has appointed me as David’s social worker. Under section 47 I have a duty to investigate the allegations and also a duty to contact all other agencies who might be involved...
In the United States there are approximately 397,000 children in out-of home care, within the last year there was about 640,000 children which spent at least some time in out-of-home care. More than 58,000 children living in foster care have had their biological parental rights permanently terminated (Children’s Rights, 2014). Due to the rising number of children in foster care and the growing concerns of the safety, permanency, and well-being of children and families, the Adoption and Safe Families Act of 1997 was signed into law. On November 19, 1997, President Bill Clinton signed the Adoption and Safe Families Act of 1997, to improve the safety of children, to promote adoption and other permanent homes for children who need them, and to support families (Child Welfare League of America). The Adoption and Safe Families Act also promotes adoption by offering incentive payments for States. During the FY of 1999-2003 the payment to states which had exceeded the average number of adoptions received $20 million (Child Welfare League of America). The ASFA improved the existing federal child welfare law to require that the child’s health and safety be a “paramount” concern in any efforts made by the state to preserve or reunify the child’s family, and to provide new assurances that children in foster care are safe (Shuman, 2004).
The main points of the children’s act 1989 are parental responsibility and the welfare of the child. Children are best cared for within their own families. The act states that the mental and physical wellbeing of the child is important. Professionals and parents/carers must work together to ensure the safety of the child. Local authorities have a duty to look into situations where they suspect a child or young person to be suffering from significant harm. Duties get allocated to local authorities, and other agencies to ensure that all children are safeguarded. The children’s act 2004 reinforces that all organisations that work with children and young people must help to safeguard
The uniform adoption act of 1994 was drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL). The Uniform Adoption Act of 1994 seals adoption records for 99 years, makes it illegal to search for birth parents by anyone including the adoptee, shortens revocable consent periods that many states have enacted to a dismissal 8 days from birth of the child (Uniform Adoption Act, 1). This proposal of the uniform adoption act just shows what is wrong with the adoption process, adoptees should have the right to search for their birth parents for medical and personal reasons.
...t to providing the child with protection when determining what is in the child’s best interests. The risk of violence within the home is considered when contemplating on parenting orders, so the child is not exposed to what is considered an unacceptable risk.
LSCB, (2013), SAFEGUARDING CHILDREN, YOUNG PEOPLE AND VULNERABLE ADULTS POLICY, (www.safechildren-cios.co.uk), [Assessed 1 November 2013].
Vulnerable patients are those who cannot act on their own to protect themselves from threats to their health and dignity. A vulnerable patient encompasses a wide range of individuals and includes both adults and children. An adult is a person who is over 18 years of age and is described as a vulnerable patient if they are suffering from learning, physical and sensory disability. This includes disorders such as autism, cystic fibrosis and blindness and also includes sufferers of dementia. A child is a person aged less than 18 years and is described as vulnerable regardless if they have a disability. Irrespective of whether a child is living independently or in further education they are still entitled to services or protection under the Children Act (1989). A child is deemed as vulnerable as they are unable to protect themselves and this vulnerability is judged on varying factors such as, physical and emotional development, ability to communicate needs, mobility, size and dependence.
Today's parenting has also played a key role in revision of the legal system as it relates to family law. Due to the increasing amount of child abuse cases, there has been a great amount of emphasis placed upon the disciplinary actions of parents today. In today's society with drug abuse being more prevalent and single family households becoming more common, the pressures of child rearing have dramatically increased.