UNIT 10 CARING FOR CHILDREN AND YOUNG PEOPLEThe Voices of Children and Young People

P1

LESSON OBJECTIVES

To recap prior learning. To explain the key principles of the Children

Act 1989. To describe a Court Order and the

circumstances when a court order might be made.

To consider Race and Culture in cases of safeguarding.

To discuss different types of care order. To describe a range of reasons why children

may be looked after by the state.

SO WHAT WE HAVE LEARNED SO FAR?

We know what a looked after child is. We have considered the following pieces of law

and guidance: United Nations Convention on the Rights of the

Child (UNCRC) 1989, Every Child Matters (ECM) 2003, The Children Act 1989, 2004, The Human Rights Act 1998, The Data Protection Act 1998, Framework for the Assessment of Children in Need and their Parents 2000, Common Assessment Framework (England);

We have thought about what a good parent is, what the needs of a child might be at different stages and what might happen if these needs are not met.

THE CHILDREN ACT 1989 AND OVERVIEW

The Children Act 1989 places a duty on local authorities to safeguard and promote the welfare of children within their area and to provide a range and level of services appropriate to those children’s needs.

Local authorities must also make child protection enquiries if they have reasonable cause to suspect a child in their area is suffering, or likely to suffer, significant harm

KEY CONCEPTS

Parental Responsibility Welfare of the Child Partnership and co-operation Powers and duties of Local Authority Services Children in need Accommodated children Case reviews and complaints procedures Protection of children including orders to

provide immediate protection for children and the concept of significant harm.

WHAT IS A COURT ORDER?

The Working Together to Safeguard Children (2006) guidance made clear that the persistent failure to meet a child’s basic physical and/or psychological needs is likely to result in the serious impairment of the child’s health and development

(HM Government 2006a, para.1.33)This is further supported by the ECM

framework and the Children Act 2004.

THE MAKING OF A COURT ORDER

Is compulsory intervention It is there to try to protect children further Are there as part of the Children Act 1989 Courts orders should only be made if they

are better for the child than no order Any delay in making an order or decision is

likely to be detrimental to the child

TO MAKE A COURT ORDER ON THE WELFARE OF A CHILD:

Child must be likely to suffer significant harm.

There must be evidence that leaving the child in their current situation will be a greater risk than removing the child.

The harm suffered must be “significant” The child’s health and development will be

severely impaired by leaving them in their current situation.

DOES RACE OR CULTURE PLAY A PART?

Question ……………………

Some cultures or races actively use physical punishment with their children.

Do you think this view alters the services or intervention that the local authority might enact?

IMMEDIATE DANGER

Where a child is at immediate risk of acute harm, the first steps are to reduce that risk.

This can involve removal of a child or removal of a person from a family who is causing the extreme risk to the child.

Sometimes it is possible to secure agreements with family members to change their behaviour.

Sometimes children are removed with the agreement of family

EMERGENCY ACTION

Any person can make an application for an Emergency Protection Order (EPO – Children Act 1989 s.44)

This might be made without notice and without other parties being present to a single magistrate.

These applications might be made by any of the safeguarding children agencies.

Usually lasts for 8 days – no more than 15 days

POLICE PROTECTION ORDER (PPO)

The police can take a child into police protection if they think that the child is in immediate danger. This will usually last for up to 72 hours and they must inform the family and a Social Worker of the whereabouts of the child or children

CARE ORDERS

The court might make a Care Order if it thinks it is not safe for a child to live at home. It will give the Local Authority the same responsibilities as a parent and decisions can be taken as to where the child may live.

SUPERVISION ORDERS

This order means that a child can still stay at home, but a social worker would be in regular contact with the parent and the child.

There may be directions attached to the order that ask the parent to do something specific, for example, make sure the child attends a Family Centre or keeps medical appointments.

SECTION 8 ORDERS

A Contact Order A Prohibited Steps Order A Residence Order A Specific Issue Order

A CHILD ASSESSMENT ORDER

May be made as part of a child protection investigation,

It means the court thinks that there may be medical evidence that your child may have hurt or abused.

Medical evidence shows that a child has been hurt on purpose or in ways that wouldn't usually happen to them.

CASE STUDIES

John is 10. His Uncle Ralph is a paedophile and John is at risk of sexual Abuse if he has any contact with him.

Helen is 18 months old. Her father Dave has assaulted her so severely as to cause serious injury, not just once but on several occasions. It is likely to happen again if she is ever left in his care.

Judy has been left on her own by her mother Lisa for long periods of time on a number of occasions. She is only five years old and on one occasion nearly started a fire by playing with matches.

POTENTIAL REASONS WHY CHILDREN MIGHT BE TAKEN IN TO CARE

family related, eg following a bereavement/loss of a parent, parental illness or incapacity

hospitalisation, mental ill health, substance misuse; suspected or actual maltreatment; Child’s health problems, behavioural problems, learning difficulties, disability, as a result of committing an offence

ANSWERS:

John:Prevent the uncle from having unsupervised contact

with his will reduce the risk. Simply making his parents aware of the risk might be enough to reduce this risk but if there is reason to believe that his parents cannot stand up to Ralph and/or do not take the risk he poses seriously then additional steps might need to be taken. Support network for the parents could be strengthened or steps could be taken to deter Ralph from attempting to have contact with John. If you had reason to believe that the parents were actively colluding with Ralph and making John available to them then you would want to consider removing John from their care.

Helen:Real risk of fatal injury if she is not protected

from Daves violence. Can her mother or another carer ensure that Helen doesnt ever have unsupervised contact with her father. If there is reason to believe that he is able to intimidate Helen’s carers then additional support might be needed. In some circumstances it might be necessary for Helen to be removed into care if no member of her family is able to keep her safe.

P1 OUTLINE WHY CHILDREN AND YOUNG PEOPLE MAY NEED TO BE LOOKED AFTER AWAY FROM THEIR FAMILIES.

For this task:Using Secondary research information you should work in pairs to research why children and young people are looked after. You should use information which reflects the “voices” and experiences of children who are looked after and document the reasons that you have discovered for these children and young people are looked after by the state.

This information will help you to contribute to a whole class discussion and collaboration of information. You will be asked to provide examples to support the reasons that you have found.

Individually you will then be asked to write a reflective piece which details what you have learned about the experiences of the children you have studied and the reasons why children and young people are looked after, giving examples.

JudyImmediate danger is that she will be left alone

again. You might be able to get an undertaking that her mother will never do this again but this would need to be checked and you would need to have confidence that her mother takes this seriously enough to deter her from leaving Judy alone again. Check might involve spot checking including check out of office hours. Extended family might play a role in this