Basic Guide to the Children act 1989

Aims of the session n To gain an understanding of the main principles of the Children act 1989 n To understand the relevance to Health and Social Care

n The Main Principles of the Act: n A number of very important principles are embodied in the Children Act. n the welfare of the child is the paramount consideration n wherever possible, children should be brought up and cared for within their own families

n parents with children in need should be helped to bring up their children themselves; this help would be provided as a service to the child and his family and should: n - be provided in partnership with the parents; - meet each child's identified needs; - be appropriate to the child's race, culture, religion and language; - be open to effective independent representations and complaints procedures; - draw upon effective partnership between the local authority and other agencies, including voluntary agencies.

n children should be safe and be protected by effective intervention if they are in danger n when dealing with children, courts should ensure that delay is avoided, and may only make and Order if to do so is better than making no order at all n children should be kept informed about what happens to them, and should participate when decisions are made about their future n parents will continue to have parental responsibility for their children (see below), even when their children are no longer living with them. They should be kept informed about their children and participate when decisions are made about their children's future

n The Welfare Checklist n To assist the court in the determination of the child's best interests in certain specified circumstances, section 1(3) of the Act provides a checklist which "the court shall have regard in particular to:"

n the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding); n his physical, emotional and educational needs; n the likely effect on him of any change in his circumstances; n his age, sex, background and any characteristic of his which the court considers relevant; n any harm which he has suffered or is at risk of suffering; n how capable each of his parents, and any other person in relation to whom the court considers the matter relevant, is of meeting his needs; n the range of powers available to the court under this Act in the proceedings in question.

n Parental Responsibility n It is essential that school staff are able to answer one crucial question with respect to every pupil: 'Who has parental responsibility for this child?' n Parental responsibility is defined in Section 3(1) of the Children Act as n 'all the rights, duties, powers, responsibilities and authority which, by law, a parent has in relation to a child and his property'. n It is the people with parental responsibility who have the legal authority with respect to their child; they are the decision makers who must be consulted.

n It is important to realise that for children in public care their parents retain parental responsibility; either: n sharing it with the local authority, in the case of those on Care Orders (see below); or n entirely, in the case of those 'accommodated' under Section 20 (see below). n Teachers with responsibility in school for a child in public care should discuss with the social worker the exact arrangements regarding parental responsibility for the child.

n Care Orders n A Care Order is made by the court (under Section 31(1)(a) of the Children Act), placing the child in the care of a designated local authority, with parental responsibility being shared between the parents and the local authority. It may only be made if the court is satisfied that:

n the child concerned is suffering, or is likely to suffer, significant harm; and n the harm or likelihood of harm is attributable to either: n - 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; n or n - the child being beyond parental control.

n Interim Care Orders n The court may make an Interim Care Order (for up to eight weeks in the first instance) where, in an application for a Care Order, the proceedings are adjourned or where a court in any proceedings gives a direction for the investigation of a child's home circumstances.

n Accommodation - Section 20 Orders n Some children are looked after by the local authority by agreement with, or at the request of, their parents, perhaps because of problems within the family which are making it hard for them to cope. Under Section 20 of the Children Act, it is the duty of all local authorities to make accommodation available for such children in need (see below). Children may be accommodated (in residential or foster care) for a short or longer period. No court proceedings are involved, and the parents retain full parental responsibility. Their continued involvement with their children's education should be encouraged wherever reasonable.

n Children In Need n Two general duties with respect to children in need are imposed on local authorities under Section 17: n to safeguard and promote their welfare; n to promote wherever possible their upbringing by their families

n The Act defines a child in need as follows: n - he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority; or n - his health or development is likely to be significantly impaired; or - further impaired, without the provision for him of such services; or n - he is disabled.

n Section 8 Orders n Under the Act all possible efforts are made to resolve problems by voluntary means, court orders only being sought if they will be of positive benefit to the child. Section 8 of the Act details the following Orders (outlined very briefly here):

n Residence Orders - settling where a child lives. They may be made either because there has been a dispute about the matter, or because there has been a question about the child's welfare which has needed an Order to settle the arrangements. n Anyone who is named in a Residence Order as living with the child and caring for them, obtains parental responsibility for them with the making of the Order (Section 12) but they lose it again once the Order ends;

n Contact Orders - the child's right to contact. These define the arrangements by which a child will have contact with someone who is named on the Order and with whom they do not live. This will usually be a parent but could equally be a grandparent or sibling. They are seen from the child's perspective rather than the parent's and define his or her right to contact with them.

 Prohibited Steps Orders - restricting parental responsibility. These prevent the taking of some action which would otherwise be a quite reasonable exercise of parental responsibility. If, for example, the parent who has the care of a child is concerned that the other may seek to abduct or harm him or her, they may have obtained one of these Orders to prohibit the 'absent' parent from having any contact with the child except by prior arrangement and under supervision. Clearly in these situations in particular, it is essential that parents inform the child's school of the Order and that a copy is kept on their personal file;

n Specific Issue Orders - deciding a dispute. These resolve particular areas of disagreement about the exercise of parental responsibility towards the child. These may well involve education; for example, if all those who have a right to be consulted are not given an opportunity to influence what is decided, such as on choice of school.

n Child Protection n This is a vital area of inter-agency responsibility in which the Children Act (Part V) requires schools and LEAs to co-operate with social services. School staff are essential partners in ensuring both that children are properly protected from potential abuse and, when problems have arisen, that clear inter- agency plans are carried through to offer the child continued protection.

 a Child Protection Register is a central record, generally maintained by social services, of all children in a given area for whom support is being provided via inter-agency planning. Generally these are children considered to be at risk of abuse or neglect;

 a Child Protection Conference is a formal meeting attended by representatives from all the agencies concerned with the child's welfare. Its purpose is to gather together and evaluate all the relevant information about a child and plan any immediate action that may be necessary to protect the child.

n Emergency Protection Orders n In situations of crisis where a child needs immediate protection, under Section 44 social services can acquire parental responsibility for the duration of the Order, which is eight days (which may be extended to a maximum of 15 days).

n Education Supervision Orders n A child of compulsory school age can, under Section 36, be placed under the supervision of the LEA where they are 'not being properly educated' because of poor school attendance. The aim of the Order is to strengthen and encourage parents in exercising their responsibility to a child; some degree of co- operation is therefore necessary between the parents and the LEA/school to give the provisions of the Order a chance of succeeding.

Summary n What are the main features of the Children act 1989 n How are they significant to Health and Social Care n Highlight one thing which you feel you have learnt in this session.