Principles and purposes of the Children Act 1989 The legislation’s structures and strategies Brayne & Carr: Law for Social Workers: 10e Chapter 7

Lecture outline The overall structure of the Children Act; The philosophy behind the Children Act; Some relevant concepts; Principles applicable to court proceedings under the Children Act; The role of children's guardians and CAFCASS

Structure of the Act Over 100 sections 15 Schedules Act divided into Parts Parts I, III, IV and V critical to role of field social worker

Key parts of the Act - 1 Part 1IntroductoryOutlines key principles underpinning the legislation Part 3Local Authority Support for Children and Families Children in need Section 17 & Sch. 2 Public Law

Key parts of the Act - 2 Part 4Care and Supervision Care Orders and Supervision Orders Public Law Part 5Protection of Children Local authority duty to investigate Emergency Protection Orders Other short term orders

Concepts underpinning the Act Best place for children to be brought up is in their own families Local authorities should provide support to that end Wishes and feelings of the child and others associated with the child need to be taken into account State should not interfere unless situation is grave enough to justify action

Welfare duties in the Act - 1 A court making a decision as to the upbringing of a child must have the welfare of the child as the paramount consideration - s.1(1) A local authority must safeguard and promote the welfare of a child, in its area, who is in need - s.17

Welfare duties in the act - 2 A person who has the care of a child but not parental responsibility can do what is reasonable in all the circumstances for the purpose of safeguarding or promoting the child's welfare - s.3(5)

Respect for the child Potential conflict with Human Rights Act 1998 The child is the focus of social work decision making The wishes and feelings of the child must be taken into account – s.22

Partnership with parents - 1 Accommodation of children looked after - a consumer-led service (s.22) Accommodation should be near the children's parents Contact with parents is presumed if a child is in care (s.34), and during emergency protection (s.44) or police protection (s.46) Care orders do not remove parental responsibilities (s.2(6))

Partnerships with parents - 2 Abolition of care by stealth The duty of the local authority to consult parents when they accommodate a child (s.20) or provide services (s.17)

Parental responsibility Generally automatic Position of unmarried fathers changing Defined in s.3 as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’

Informed consent Generally anyone with parental responsibility can consent to treatment BUT…. Gillick competent child Irreversible treatment for non therapeutic purposes requires leave of court Children and parents can be overruled by court - Re A (Children) (Conjoined Twins: Surgical Separation [2000] 4 All ER 961

Principles Applicable to Court Proceedings under the Children Act The welfare principle - s.1(1) The non-delay principle - s.1(2) The no order principle - s.1(5) Note also the diminishment of court proceedings principle - Sch. 2, Pt. I, para. 7 and no compulsory intervention by the state without an application

The Welfare checklist A uniform checklist to which the courts need to have regard when they are faced with a dispute concerning any child Does not apply to emergency proceedings under Part V of the Act

s.1(3) Children Act Wishes and feelings of the child concerned Physical, emotional and educational needs Likely effect on child of any change in circumstances Age, sex, background and any characteristics which court considers relevant Any harm child has suffered or is at risk of suffering

s.1(3) Children Act How capable parents, and any relevant other person is of meeting his needs The range of powers available to the court under the Children Act in the proceedings in question

Role of children’s guardians Maria Colwell Guardians ad litem Now children’s guardians investigate and report to court on behalf of the child Employed by CAFCASS which is designed to provide a national and integrated children’s service