When a court determines any question regarding the child their welfare shall be the court’s paramount consideration. It may ask the Local Authority to provide a report regarding the child's welfare (Section 7).
The court shall consider:
the wishes and feelings of the child
physical emotional and education needs
the effect of the change of circumstances on the child
their age, sex and background and anything else the court thinks is relevant
the harm they are suffering or are likely to suffer
the capacity of their carers to meet their needs.
No order: The court shall avoid making an order regarding a child unless the child would be worse off without one (Where a court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all.)
Section 2
The law describes parental responsibility:
If parents were married when the child was born they will both have parental responsibility
If they were not married the mother shall have parental responsibility. The father shall only have parental responsibility if he acquires it (Section 4: either through a parental responsibility agreement with the mother or a legal process involving either an order from the court or steps defined in the the Births and Deaths Registration Act 1953).
Where more than one person has parental responsibility for a child, each of them may act alone and without the other in meeting that responsibility.
Carers with parental responsibility must still respect orders made by the court and should not act in a way that is incompatible with those orders.
Carers with parental responsibility cannot transfer parental responsibility and remain responsible for the well being of their children even if they ask someone else to care for their children on their behalf (in this instance the temporary carer may (subject to the provisions of this Act) do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare) (Section 3).
Section 17
A child in need is defined as:
A child who is disabled OR
A child who, without the provision of services from the Local Authority, is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development or is likely to have their health or development significantly impaired, or further impaired, without the provision for him of such services
Contact order: an order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other (Section 9: only for children not in the care of a local authority). The court can make a contact activity direction which requires an individual who is a party to the proceedings to take part in an activity that promotes contact with the child concerned (Section 11a). If the court finds that a person has failed to comply with the contact order, it may make an order (an “enforcement order”) imposing on the person an unpaid work requirement unless it is satisfied that there is a reasonable excuse (Section 11J).
A prohibited steps order: an order specifying steps that should not be taken by any person without the consent of the court (Section 9: only for children not in the care of a local authority)
A residence order: an order settling the arrangements to be made as to the person with whom a child is to live. If a father without parental responsibility is given a residence order the court will also give him parental responsibility. If the carer who is given a residence order is not a parent and does not have parental responsibility the court shall give them parental responsibility for the duration of the order (Section 12). During a residence order a child may not have their name changed or be removed from the United Kingdom for more than a month without consent from all carers with parental responsibility or leave of the court (Section 13).
A specific issue order: an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child (Section 9: only for children not in the care of a local authority)
A local authority foster parent of a child may not apply for these orders unless they have the consent of the local authority, they are relatives of the child or they have cared for the child for more than a year (Section 9). Individuals who have parental responsibility or a residence order with regard to a child may apply for Section 8 orders (Section 10). The order may contain directions about how it is to be carried into effect (Section 11)
Section 14
A special guardianship order: The court may make an individual a special guardian with regard to a child by issuing a special guardianship order. The individual will have parental responsibility for the child and is entitled to exercise parental responsibility to the exclusion of any other person with parental responsibility for the child (apart from another special guardian). During a residence order a child may not have their name changed or be removed from the United Kingdom for more than three months without consent from all carers with parental responsibility or leave of the court.
Section 15
Orders for financial relief with respect to children: Schedule 1 makes provision in relation to financial relief for children.
Section 16
Family assistance orders: The court may require the Local Authority to make an officer of the authority available to advise, assist and (where appropriate) befriend any person named in the order subject to the consent of the adults named in the order for a period of twelve months unless the court specifies a shorter period. If while working with the family the professional is given cause to suspect that the child concerned is at risk of harm, they must do a risk assessment and make it available to the court (Section 16A).
Section 31
Care and Supervision orders: Following an application by the Local Authority, and after being presented with a care plan by the Local Authority, the court may place a child in the care of, or under the supervision of, the Local Authority if it is considered that the child is at risk of significant harm or the child is beyond parental control. The court should act to complete the process without delay (Section 32). While a child is subject to a care order the Local Authority shall be responsible for their care and shall appoint someone to have parental responsibility for the child (Section 33) and shall ensure that they are allowed reasonable contact with their parents (Section 34). The court may direct the Local Authority to investigate a child's circumstances and consider whether they should apply for a care order or supervision order, provide additional services to the family or take any further action. Should the Local Authority decide not to take any action they must explain in their report to the court their reasoning (Section 37). A supervision order will terminate after 12 months. The Local Authority may apply to extend this but a supervision order shall not last for longer than three years.
Education supervision orders:
Interim care order or interim supervision order: The court may make an interim order which shall not last for longer than eight weeks or four weeks if it is the second interim order being issued unless a period of four weeks means the end date is before a period of eight weeks after the first order was issued. The court may give directions regarding assessments (health, psychiatric, etc.) it considers appropriate although if the child is of sufficient understanding to make an informed decision he may refuse to submit to the examination or other assessment.
Section 44
Emergency protection order: Where the court has reasonable cause to believe that the child is likely to suffer significant harm if not removed to accommodation provided by the applicant (Local Authority) or not kept in the place where they are being accommodated they will make an emergency protection order. The applicant will then be entitled to access to the child and to accommodate the child. The court may also order that a specific individual be excluded from the child's residence instead of removing the child. The order shall last for as long as is stipulated in the order up to a maximum of eight days (Section 45). If the child was taken into protection using police powers (Section 46 - normally 72 hours) the period will start from the day the police took the child.
The law confers on Local Authorities certain responsibilities:
Special guardianship support services (Section 14F)
Services to a child in need (Section 17)
Day care for pre-school and other children (under 5 or not yet attending school). Section 18
Review of provision for day care, child minding. Section 19
Provision of accommodation for children Section 20: Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of there being no person who has parental responsibility for him, his being lost or having been abandoned or the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care. Provision under this section can only be made with the consent of a carer with parental responsibility and who is able to provide accommodation. A person with parental responsibility may remove the child from accommodation provided under this section at any time.
Provision of accommodation for children in police protection or detention or on remand, etc. Section 21
General duty of local authority in relation to children looked after by them. Section 22
Persons qualifying for advice and assistance. (leaving care) Section 24
Use of accomodation for restricting liberty. Section 25 The local authority may not use accommodation arrangements to restrict the liberty of a child unless they have a history of absconding or are likely to abscond and absconding would put them at risk of significant harm. The Local Authority should put the case to the court and they should decide whether to grant an order to place the child in secure accommodation.
Duty to investigate Section 47: Where a child is made subject of and emergency protection order or is in police protection or the Local Authority reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm then they have a duty to investigate and take such steps as are necessary to protect the child.
