Session 2

Session 2

The legislative framework

•How does legislation become an act of parliament?

• The government issues Green Paper known as a consultation document which sets out the nature of the problem (referencing research and regulation), and its intentions for dealing with the problem (multiple options) and invites comments from professionals and citizens alike. Then it creates a White Paper known as the command paper. This becomes a draft bill which is put before both Houses of Parliament. Draft bills may enjoy a consensus across the political spectrum in which case they are given Royal assent and become Act of Parliament (monarchy).

• What is an act of parliament?

• An Act of Parliament creates a new law or changes an existing law. An Act is a Bill approved by both the House of Commons and the House of Lords and formally agreed to by the reigning monarch (known as Royal Assent). Once implemented, an Act is law and applies to the UK as a whole or to specific areas of the country.

• What are the 5 sections of the children act 1989?

Children Act 1989Children Act 1989

Part I Part I Introduction Introduction

Part II Part II Private Family ProceedingsPrivate Family Proceedings

Part III Part III Family Support Services Family Support Services

Part IV Part IV Care and SupervisionCare and Supervision

Part V Part V Emergency ProtectionEmergency Protection

• What is the welfare checklist?

• Wishes and feelings of childWishes and feelings of child• Physical, emotional and educational needsPhysical, emotional and educational needs• Age, sex, and cultural backgroundAge, sex, and cultural background• Harm suffered or likely to be suffered Harm suffered or likely to be suffered • Capacity of parents and others to meet Capacity of parents and others to meet

needs needs • Impact of change of circumstances upon Impact of change of circumstances upon

childchild• Range of powers available to the courtRange of powers available to the court

• What is Parental Responsibility?

• Parental responsibility is defined in section 3(1) Children Act 1989 as being:

• "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".

• The term parental responsibility attempts to focus on the parent’s duties towards their child rather than the parent’s rights over their child

• What is a contact order?

• Contact order specifies contact arrangements with a child; it can include 'no contact' for an alleged abuser; it cannot confer PR; it may be supervised at one of the Contact Centres if there are concerns.

• What is a residence order?

• A residence order is an order from the court to say who the child should live with. A court can order a joint residence order, which is an order to say that the child shall spend time living with both parents.

• What is a specific issue order?

• An order made by a court regarding a specific issue relating to a child, for example, where a child should go to school. The court will make an order where the parents cannot agree. These orders are made as part of other matrimonial proceedings, such as divorce or separation. Any order made by the court will treat the child's welfare as paramount.

• What is a prohibited steps order?

• A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the locale with their children if they have been given the chance to - such as on holiday

• What did the 1989 CA give courts rights to do?

• Children Act 1989 provided for courts to request Welfare Reports from social workers whenever they were concerned about a child, and a social worker has to make recommendations on matters such as contact and residence, whether Part III services or compulsory interventions are necessary. Courts can also make a Family Assistance Order with the consent of relevant family members which can last up to a year.

• What is an enforcement order?

• an order made by a court to make a party or person comply with (follow) an order

• What are family support services?

• Family Support Services provide a range of services that promote and safeguard the welfare of families and young children. Staff work with parents or carers to help them understand and meet the needs of their children in a safe, supported and caring environment. Each offers a specific service to a local community. Referrals are made by Social Workers

• What is an education survision order?

• Parents need to ensure that the child receives an efficient fulltime education, suitable to his or her age, ability, aptitude and any Special Educational Needs, and that the child benefits fully from the education received.

• What is a child assessment order?

• A Child Assessment Order directs a person who is in a position to do so to produce the child to the person named in the Order so that an assessment may take place and comply with any directions or other requirements included. The Order authorises the carrying out of the assessment in accordance with the terms of the Order.

• What is an emergency protection order?

• An emergency protection order is made when a child or young person is in immediate danger and may have to be taken away from home quickly.

• What did the crime and disorder 1998 act do?

• Crime and Disorder Act 1998 placed a duty on all public authorities to prevent crime and disorder and set up the new youth justice system with a Youth Justice Board overseeing Youth Offending Teams. It was then supplemented by the Anti-Social Behaviour Act 2003. Note that it is children and their parents who tend to be trapped in this civil-criminal interface.

• What is a child safety order?

• Child Safety Order (s. 11 CDA) specifies that social services authorities must apply for this if a child under the age of 10 years has committed an act which would have been a criminal offence if he were over 10, and if such an order would help this child to prevent committing further (potential) offences. These orders last up to one year and place child under the supervision of a social worker.

• What is a parenting order?

• Parenting Orders (s. 8 CDA) can be imposed upon parents of children who are made subject to any of the other orders, and can require parents to care for and control their child and prevent truancy/delinquency.

• What is an ASBO?

• Anti-Social Behaviour Orders (s.1 CDA) can be imposed upon any person over the age of 10 years if he has acted in a manner likely to cause harassment, alarm or distress to one or more persons outside of his own household. The police usually make applications but consult with social workers etc. The order lasts for a minimum of two years and can be imposed for a lifetime. There can be specifications as to what a person must do or cannot do, which can include services for substance misuse etc.

What does the youth justice and criminal evidence act state regarding children?

• Youth Justice and Criminal Evidence Act 1999 provides special measures for children and vulnerable adults when they have to give evidence in a criminal court against a person who has abused them. The main special measure consists of a video interview as evidence in chief and a video link to the court for cross-examination. Special measures are at the discretion of the judge, and sometimes a young person is compelled to give evidence in the courtroom, but they will usually have access to a victim or witness support person, and lawyers will usually to remove wigs and gowns.

• What does the powers of criminal courts (sentencing) act 2000 state about children?

• Powers of Criminal Courts (Sentencing) Act 2000 is the sentencing policy in respect of young offenders i.e. diversion (discharge, deferred sentence, referral order to Youth Offending Panel); community sentences (reparation, action plan, supervision order); custodial sentences (detention and training order, life sentence in prison/hospital).

• What does the criminal justice act state about children?

• Criminal Justice Act 2003 is the sentencing policy in respect of adult offenders i.e. community sentences with supervision by probation service plus requirements pertaining to residence, tagging, no-go areas, alcohol or drug or mental health treatment etc; hybrid sentences which include suspended prison sentences, intermittent custody and custody plus; custodial sentences which include life sentences. Life is mandatory for murder and optional for a serious offences such as manslaughter, rape, sexual intercourse with child under 13 years and armed robbery. If a life sentence is passed and the parole board decided to release the perso, they must be released 'on license' so that they are under supervision/surveillance and can be recalled to prison if they breach the license conditions.

• What did the criminal and young person act 1933 state about children?

• It is a criminal offence for anyone over It is a criminal offence for anyone over 16 years who has responsibility for a 16 years who has responsibility for a child under 16 years to neglect, child under 16 years to neglect, abandon or assault that child.abandon or assault that child.

• What did the sexual offences act 2003 state about children?

All sexual activity with under 13s is All sexual activity with under 13s is illegal illegal

‘‘Abuse of trust’ offences Abuse of trust’ offences ‘‘Grooming’ offencesGrooming’ offences

Imprisonment up to 14 yearsImprisonment up to 14 yearsSex offenders registerSex offenders register‘‘Prevention’ ordersPrevention’ orders