Lecture notes
ulaw lecture 9
- Module
- Family Law
- Institution
- University Of Law (ULaw)
lecture notes on lecture 9 family law
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FAMILY LAWLARGE GROUP 9
Student Guide
Public Children Law
Context
In private children law the court considers the position of children when parents, or
occasionally children themselves, seek the court’s assistance when they cannot
agree on matters concerning the child.
This Large Group focusses on the alternative situation when, due usually to concerns
about the parents’ ability to care for and protect their children, the local authority
intervenes and can seek orders from the court which may result in the children being
removed from the care of their parents.
The local authority has duties to children in its area to promote their upbringing by
their families where possible and to avoid the need to bring court proceedings and
you will examine these duties and responsibilities in detail. You will also consider the
local authority’s investigative duties to children when there are concerns about their
welfare. When the local authority intervenes by applying to court and removing
children from their families, this is seen as a last resort.
You will consider some of the short term orders available to the local authority when
it needs to remove a child in an emergency and in Workshop 9, Large Group 10 and
Workshop 10 you will study the longer term orders available such as care and
supervision orders in more detail.
You will also examine the impact of the Human Rights Act 1998 on these orders and
their compatibility with the Act.
Outcomes
By the end of this Large Group you should be able to:
1. Explain the definition of “children in need”, the local authority’s duties and
responsibilities to children in need and to all children in their area including the
provision of accommodation under s20 Children Act 1989.
2. Distinguish care and supervision orders, child assessment orders, police
protection and emergency protection orders and explain the criteria for obtaining
them.
, 3. Explain the court’s powers to grant interim care and supervision orders and to
direct an assessment of the child.
4. Explain the impact of the Human Rights Act on orders concerning children.
1. Local authority duties and responsibilities
1.1 Children Act 1989 Schedule 2,
Requires local authorities to:
take reasonable steps through the provision of services to prevent children in
its area suffering ill-treatment or neglect and (clause 4)
take reasonable steps to reduce the need to bring care or supervision
proceedings in respect of children within their area. (clause 7)
general duty to all of its duty to provide services and take steps to prevent ill
treatment or neglect
1.2 s17 Provision of services for children in need, their families and others
(1) It shall be the general duty of every local authority
(a) to safeguard and promote the welfare of children within their area
who are in need; and
(b) 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 those
children's needs.
Provides additional duty of local authority to provide services for children in need
And promote strategy top bring about that safeguarding
Puts onerous on authority that children remain in their parents care- provide ser
voces to help support the child and their family’s situation
1.3 Child in need
For the purposes of this Part a child shall be taken to be in need if—
(a) he is unlikely to achieve or maintain, or to have the opportunity of achieving or
maintaining, a reasonable standard of health or development without the provision for
him of services by a local authority under this Part;
(b) his health or development is likely to be significantly impaired, or further
impaired, without the provision for him of such services; or
(c) he is disabled,
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