When a child is in imminent need of protection, the order used to protect the child is an emergency protection order (EPO) under s44 of the Children Act 1989. This chapter discusses the use of emergency protection orders in public law for children and examines the factors a court will consider when asked to make an emergency order. It looks at contact when an EPO is in place, duration and discharge of an application, and procedure. Case-law is used to provide guidance. It also looks at the powers available to the police when faced with a child in need of protection.
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Chapter
Annika Newnham
This chapter looks at the law used to resolve disputes about where children should live, who they should have contact with, and other aspects of parental responsibility. The majority of such disputes are between two parents, but they can also involve grandparents, other relatives, or even people like friends and neighbours. The Children Act 1989 is the main piece of legislation for the regulation of disputes between parents. This Act was an ambitious and largely successful attempt to modernise, simplify, and improve the law. As part of this reform, the old orders of custody and access were scrapped, and the Act introduced parental responsibility to regulate parents' legal status, and a set of orders which were designed to only affect practical arrangement. The chapter concludes with a brief outline of the High Court's inherent jurisdiction.
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This chapter covers the basic procedure for a s8 Children Act 1989 (CA 1989) order. It discusses who is eligible to apply for an order under s8 CA 1989 and what public funding is still available for proceedings under the CA 1989. It then goes on to explain the procedure for obtaining an order under the CA 1989 in private law proceedings and the Children and Families Act 2014. This includes the procedure for obtaining leave, existing proceedings, other potential applicants, and rules. The hearings which occur are explained, as well as CAFCASS, expert evidence, allegations of harm, and domestic abuse.
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This chapter examines the Children Act 1989 (CA 1989) and the main principles upon which Children Act proceedings are conducted. It discusses the content of the ‘welfare principle’ and the ‘welfare checklist’ under CA 1989, including the presump-tion of parental involvement. It outlines each part of the welfare checklist, including the wishes and feelings of the child, the likely effect on the child of a change of circumstances, and the child’s age, sex background, and any relevant characteristics. It examines each part in detail, using case-law where relevant. This chapter also explains the principles of ‘no order’ and ‘no delay’.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter considers children’s rights and private law relating to children. The first essay question focuses on the rights of the child to make his or her own decisions and to participate in private law proceedings, whilst the second examines how the law ensures that children have a relationship with both parents after separation. The third question is a problem scenario that requires discussion of orders under s. 8 of the Children Act 1989, the welfare principle, and the welfare checklist. The final problem question concerns inherent jurisdiction and the right of a child to refuse medical treatment.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter considers children’s rights and private law relating to children. The first essay question focuses on the rights of the child to make his or her own decisions and to participate in private law proceedings, whilst the second examines how the law ensures that children have a relationship with both parents after separation. The third question is a problem scenario that requires discussion of orders under s. 8 of the Children Act 1989, the welfare principle, and the welfare checklist. The final problem question concerns inherent jurisdiction and the right of a child to refuse medical treatment.
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It is undeniable that anyone who is legally classified as a parent has an obligation to maintain their child. This chapter considers three areas of financial support for children: child maintenance as a percentage of gross weekly income of the non-resident parent, the financial outcomes of divorce as guided by the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004, and Schedule 1 of the Children Act 1989. The chapter starts with a brief history of financial support for children in the UK.
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This chapter examines the role of local authorities in protecting the child from harm and the orders available under the Children Act 1989, which are used in cases of alleged harm to children. It explains the nature of public child law proceedings and goes into detail to discuss the definition of the ‘threshold criteria’—the standard that the court uses to decide whether an order should be made. It also discusses the investigations which can be carried out by the local authority in relation to a child and parental contact with children in care, and compares a care order and a supervision order.
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This chapter considers how the Children Act 1989 provided a legal framework within which the state can support children to remain with their families through difficult situations and intervene to protect them when they face unacceptable risks. The chapter starts by giving a brief history of child protection law. The chapter then looks at the inherent tension in protecting children while aspiring to support their life with their families, before considering local authorities' powers and duties, resources, and the ever-increasing numbers of children who are involved with social services, whether as c hildren in need, looked after children, or as subjects of child protection investigations or applications.
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N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter considers the courts’ powers under Part II of the Children Act 1989 to resolve family disputes concerning the upbringing of children. These disputes, commonly labelled ‘private law disputes’, are normally between the parents following divorce or separation but can involve other family members. It first discusses the original scheme of Part II; changes made by the Children and Adoption Act 2006; and changes made by the Children and Families Act 2014. It then considers section 8 orders; family assistance orders; and section 37 directions.
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Parental responsibility (PR) is one of the most important concepts in the Children Act 1989. This chapter provides the definition of PR as taken from Section 3 of the Children Act 1989 and provides examples of what it actually is in relation to decisions and responsibilities that a parent may make on behalf of their child during their childhood. It discusses the nature and scope of PR, and how it is acquired. It covers the law on automatic parental responsibility; how unmarried fathers can acquire PR; and PR for non-natural parents. It also discusses termination of PR orders and agreements. Case-law is used to provide examples.
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This chapter discusses the law governing child support. Child support is regulated by one or more of several statutes depending on the circumstances: the Child Support Act 1991 (CSA 1991), as amended; Schedule 1 to the Children Act 1989; the Matrimonial Causes Act 1973; and the Civil Partnership Act 2004. The applicability of the CSA 1991 in a particular case can limit to some extent the use of the other statutes mentioned.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter deals with the public law relating to children, contained in Parts III, IV, and V of the Children Act 1989, and the law relating to adoption, under the Adoption and Children Act 2002. The questions contained in this chapter are a mixture of essay and problem questions that focus on: emergency protection for children, i.e. police protection, emergency protection orders, and local authority enquires; care, supervision, and education supervision orders; the difference between adoption and special guardianship orders and finally, the requirements and procedures for adoption.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter, which focuses on public law matters concerning children under the Children Act 1989, first explains the powers and duties of local authorities, as well as those of the police, to protect children in need. It then considers emergency protection orders, which may be granted where a child is in need of immediate protection, along with interim orders and child assessment orders. The chapter also examines the ‘threshold criteria’ in section 31(2) of the Children Act 1989, which allows the court to make a care or supervision order, before concluding with an assessment of the Human Rights Act 1998 and its impact on the law in relation to care proceedings.
Chapter
The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter deals with the public law relating to children, contained in Parts III, IV, and V of the Children Act 1989, and the law relating to adoption, under the Adoption and Children Act 2002. The questions contained in this chapter are a mixture of essay and problem questions that focus on: emergency protection for children, i.e. police protection, emergency protection orders, and local authority enquires; care, supervision, and education supervision orders; the difference between adoption and special guardianship orders and finally, the requirements and procedures for adoption.
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Private children law concerns disputes between family members about children. It deals with whom a child shall live, with whom they should have contact, and what steps a parent can take in their exercise of parental responsibility. The Children Act 1989 and the Children and Families Act 2014 have orders that the court can make to help to resolve these disputes. This chapter examines the orders available in private children proceedings, who can apply for them, and the individual considerations of each order. These include child arrangements orders, residence orders, contact orders, specific issues orders, prohibited steps orders, and special guardianship orders.
Chapter
N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter discusses the High Court’s inherent powers in respect of children. The development of these powers, principally under the aegis of the wardship jurisdiction, was highly influential in the modern development of law and practice concerning children, and the Children Act 1989 incorporates many of its features. In detail, the chapter first considers the High Court’s exercise of inherent jurisdiction; the court’s powers; local authority use of the jurisdiction; and private law use of the jurisdiction. It then does the same for wardship.
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This chapter examines the relationship between children, parents, and the state, looking at how the law responds to children needing services, care, and protection. Topics discussed include: Part III of the Children Act 1989; the threshold for compulsory intervention in family life based on the concept of ‘significant harm’; protecting children in an emergency; care and supervision orders; the local authority’s care plan and respective roles of the local authority and court; and discharge of care orders.
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This examines how the courts deal with private law issues or disputes relating to children’s upbringing, such as post-separation residence or contact disputes, or other specific issues, including international child abduction. It begins by setting out some general principles for deciding children cases which are contained in section 1 of the Children Act 1989, and procedural matters relating to such cases.
Chapter
N V Lowe, G Douglas, E Hitchings, and R Taylor
The Children Act 1989 places considerable importance on local authorities working in partnership with families and the avoidance wherever possible of court proceedings. However, the Act also makes provision, in the form of care and supervision orders, for compulsory measures to be taken to safeguard and promote children’s welfare. This chapter focuses on care and supervision orders. It covers the initiation of proceedings; the threshold criteria, which refers to conditions set out by s 31(2) that must be satisfied before a care or supervision order may be made; the ‘welfare stage’, where the court must, pursuant to s 1(1), regard the welfare of the child as the paramount consideration; tackling delay in care proceedings; court orders; appeals; and discharge of care orders and discharge and variation of supervision orders. The chapter ends by discussing the position of children in local authority care, focusing on the critical issue of contact with children in care.
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