University of Arkansas System
Type of paper: Thesis/Dissertation Chapter
How Childrens Act 1989 Protects Children
In this essay going to explain how children act 1989 protects children and what circumstances are they used? I’m going to outline the section 17 and 47 of children act and what they are and how they would be used to protect children and in what circumstances are the act used. I will be outlining how they could benefit the child. When would the family support be used the most and in what circumstances it should be used. Children Act 1989 was a framework provided for the care and protection of children and young people.
This was the first legislation that recognised the needs of children who were vital. All the child care law related to children that are being accommodated by the local authority comes under Children Act 1989. This act also summarizes the duties, rights powers and responsibility of a parent in respect of their child. Section 17 of Children act 1989, the local authority responsibility is to safeguard and promote the welfare of children within the needs they need for. The local authority has to promote the upbringing of needing children by their families.
This is done by providing a range level of services for the child’s needs. The services provided by the authority in the exercise of functions conferred and then by this section may be provided for the family of a particular child in needs or for any member of the family . This is provided with a view to safeguarding or promoting the child’s welfare. The section 17 of children act is used when a child is not likely to maintain or have the opportunity of a standard health or development without the help from the service or local authority.
The section also uses the definition to a “child in need”. “His health and development is likely to be significantly impaired, or further impaired, without the provision for him of such survives or if they are disables”. In this section the word disable is when a child is blind, deaf or dumb or suffers any mental disorders of any kind. The section 17 is a lead provision in the part III of the children act. It shall be the general duty of every local authority to safeguard and promote the welfare of children within their area who are in need and 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 the children in need”. This is stating that the interest of children is best if they stay with their families.
However the section 17 states that the duty would be discharged by an appropriate range of services. In cases arising between 2001 and 2003 the uperior courts were to give a long thought to the section 17. The cases where about mothers and young children’s. These were either homeless or living unsatisfactory accommodation . They got assistance from the social services department by them getting them an accommodation for the whole family. However the social services department kept in mend the children’s needs but they limited financial resources, so therefore they declined the mother’s request. However section 17 is concerned with the general principles and it is not for the total rights on individuals.
The analysis of section 17 was that none of the families concerned was in position to the local authorities to finance the improved accommodation that the children need. However the section in court showed that accommodation was not directed by section 17. However the government made an amendment to section 17 by using the adaption and children bill as a vehicle. Then it made it clear that accommodation could be provided under the section 17. Also it not only to the child it directly provided to the family. The section 17 contains 11 set of provisions.
These made the overall objective established by section 17 of Children Act 1989. The maintaining a registry for disabled children within the area is essential. In section 17 this is designed to facilitate the service and keep a tract for monitoring. This sections voluntary on parents and children and it is not use to precondition of service provision. According to this section when assessing individual’s authorities need to see the strengths and the skills of families and from that try to overcome difficulties. Sometimes needs may be found essential to the child.
However it could be parenting skills that then could be harmful for the child’s wellbeing. For example, A sick parent may need practical and emotional support depending on the illness and the developing needs of the child. Therefore in these cases the social workers should provide package of support services at the home. However if parents are disabled then the child may not be identified as need but that could be a factor. However under the section 17 of the act the child is able to be looked after their parent at home.
However in other circumstances such as social problems, relationship problem in the family, then a support of respite care may be withstand the child’s longer term wellbeing with in the family. The section 17 also sees the possibility of family support service being offered to family of the children in need where they also provide a view of safeguarding and promoting the child’s welfare. The package of services could include home help, day care provision for family member other than the child in need, temporary placement so that the carer could get rest .
These are put in place to evaluate to see whether it has met the needs of safeguarding of the child’s welfare. Section 47 of Children act is when local authority takes emergency protection order, if they are informed that a child who lives or is found in the area that are suffering or is likely to suffer significant harm. The section 47 is put in place for children who are living with families and the act enforces specific duty on the local authority to make enquiries to if they should decide if any action should take place to safeguard or promote the child’s welfare.
The section 47 should be put in place when a local authority sees a child in that area is likely to suffer harm and they are taken to another area of another authority. This is so that the other authorities has the information of the child so anything occurs then they will be informed or have the details from beforehand. “When information is transmitted, the receiving authority may feel that section 47 should be put into effect” Section 47 must be undertaken within the maximum of 15 working days. This section 47 enquiry is taken with a core assessment by the children social care services.
This has to be done within the 35 working days of the strategy discussion. The section 47 enquiry will result if one of the outcomes is made such as child protection concerns are proven and the child is considered to be at risk of Significant Harm. Also if the child protection concerns are verified but the child is not been continued risk of harm. If the child concerns are not proven but from the enquires it has showed that the child is in need for which services are required. If the concerns are not proved and enquiries have revealed no Children In Need services are required.
Therefore a decision to start a Section 47 Enquiry may be taken at any time, whenever the criteria are met. The decision to stop child protection enquiries should be taken in consultation with the Police Child Abuse Investigation Unit. The decision should only be reached after all other agency checks have been completed, and taken into account when it is clear that the criteria for Section 47 Enquiry are not fulfilled. The section 47 enquiry should begin by focusing on the Information identified during the assessment, which is most important in relation likelihood of Harm.
The core assessment which covers all parts of the assessment framework includes the history of the child, family and household members, including any previous specialist assessments. Then the children social care has the duty within the 24 hours whether an Initial Assessment is required and then, within 7 working days, whether a Core Assessment is required. From here the section 47 begins and the police should be notified as soon as possible. The section 47 should also be taken in account when factors such as domestic violence, parental mental illness, excessive drinking, or drug use by the parent.
This could then be harm to the child and they should be investigated as soon as possible as they may be facing harm to them. However from the investigation the police and Children’s Social Care Services may agree that further child protection action by either agency is not necessary as there is lacking evidence of risk of Significant Harm to the child. However this decision is only acceptable providing it is agreed by the Children’s Social Care Manager and the Detective Sergeant, Police Child Abuse Investigation Unit and the reasons recorded.
The enquires shall, particular be directed towards establishing whether the authority should make any application to the court”. If the authorities don’t apply for any emergency protection order, the then case could be reviewed at a later date if it is appropriate according to section 47. The section 47 is taken in mend if information about a concern of a child is made from a range of sources. These could include schools, health visitors, the hospital, the police, neighbors, family, general public or from the child themselves. This information is normally received anonymously.
Under this act the social workers have to make the enquiries when they receive information which is a concern of a child’s safety. Therefore a social worker will make a visit with the company of a police officer from the police family support unit. The social worker will then gather information from the child or children. They will also talk to parents and careers and other people involve in the child’s life. This then show if the child been or is likely to be harmed. If the child is suffered an injury it is possible that a medical examination is the best to establish the cause.
However if the child has been caused any harm then the child protection conference is called. This meeting will then agree with what needs to be put in place for the child not being harmed in the future. Then care proceeding are taken in mend. If section 17 is used then the arrangements of day care for the child or with other family members. However if section 47 is used then the child will be taken away from the home. The social workers will consider a wide range of responses to protect children. They will try to offer help and support so that the family is together. However this always is not possible.
In many cases the action offered could be voluntary support service under the children in need section 17. Therefore section 47 has close link with part III of the act. Therefore working with family under part III will not prove impossible investigation. A section 47 investigation is blocked when a child’s carer refuses to allow agency to see the child. This form of parental non-cooperation will be discussed and will proceed the Children Act. Also first enquires are made then the obtain access to the child is made to ensure that access to the child is obtained. The parents will know that the child will be visited by the authority.
If the carer is an obstruct then section 47 comes in place where local authority officers are refused access to the child. Therefore authority could apply for an care order or supervision order. The partnership with parent’s and the family members has been highlighted message. This is which also mentioned in section 17 of Children act. The relationship between section 47 and children in need provision are that they receive considerable attention. The investigation under the section 47 which is a decision related by the local authority to arrange support service for the child and their families.
Therefore section 17 is also involved as the family members are kept in mind. Also if a child is provided support under section 17 but also may need focus under the section 47 investigation. This could occur when a child is living with their family and when they are provided an accommodation by the local authority. However the misuse of section 47 was being used by the social services, as a family who needs funding’s and provision support services to it not that the child is in any significant harm. Therefore local authorities that attach a section 47 to a case where there was no harm, this then is illegal.
However in the Victoria Climbie case the section 27 was misused in the Laming report. This was when staff where unable to reduce the number of section 47 enquiries. Therefore the pressure produced unfortunate results. “I also heard evidence that the downgrading of cases to the status of section 17 and afterwards closure was becoming an attractive option to child care terms struggling to deal with what they perceived to be an ever increasing number of child protection referrals, case conferences and registration.
In response to social services down grading referrals under section 17, partner agencies either tended not to make referrals or to re frame concerns about children in a way which would attract section 47 responses. They saw the latter was the only way to access services for children they were worried about. “Page 157 This is trying show the subversion of the children act and was planned in the 1989. Also that laming who has recommended the guidance of the use of the section 47 and 17. This recommendation has been accepted by the government.
In conclusion the children act 1989 overall is a legislation that makes sure that no child is homeless and takes in account the importance of the childhood. This act also allows the right the child to have their own rights heard and listened to so they could tell their feelings and they will know there someone to listen to them. It also shows that if the child is in any problem at home then they would be taken away from that environment. This legislation also contributes to the parent’s responsibilities as well as children’s.