Sections of the Children’s Act 1989

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Section 31 (1) (a) Children’s Act 1989
The court can create a care order under Section 31, placing a child in the care of a designated local authority, with parental responsibility being shared between the parents and the local authority.
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Section 46 Children’s Act 1989
The police can exercise there removal powers under Section 46, the police are required to make a professional judgement to decide if a child is at risk of “significant harm” if they do not use their powers of protection.
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Section 44 Children’s Act 1989
Under Section 44 of the Children’s Act, the local authority can apply for an emergency protection order where there are reasonable grounds for believing there is an immediate risk of significant harm to a child.
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Section 20 Children’s Act 1989
Section 20 gives the local authority the duty to provide accommodation for a child in need. Parents may be asked to sign a section 20 agreement giving the local authority permission to remove the children to foster care or another family member.
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Section 38 Children’s Act 1989
An interim care order is an order that is made by the court before a final order in care proceedings creating a care order in respect of the child while proceedings are on going.
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Section 31 (2) Children’s Act 1989
The threshold criteria- The child is suffering or is likely to suffer significant harm and either the harm is attributed to the care not being what a reasonable parent would give or the child is beyond parental control
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Section 1 (1) Children’s Act 1989
The welfare principle- the welfare of the child is the paramount consideration of the court.
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Section 1 (2) Children’s Act 1989
No delay principle- any delay is likely to prejudice the welfare of the child.
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Section 32 Children’s Act (S14 Children and families Act 2014)
The family court must timetable proceedings to conclude within 26 weeks. This would only be extended if it is necessary to enable the court to resolve the proceedings justly.
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Section 17 (10) Children’s Act 1989
A child in need is one who is unlikely to achieve or maintain a reasonable standard of health or development without the provision of services by the local authority; or his health or development is likely to be impaired; or he is disabled.
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Section 47 Children’s Act 1989
Section 47 is the local authorities duty to investigate where they are informed that a child in their area is subject to a emergency protection order, is in police protection or is suffering or is likely to suffer significant harm.
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Section 1 (3) Children’s Act 1989
The welfare check list
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Section 1 (5) Children’s Act 1989
No order principle- it must be in the best interest for the child for an order to be made then not to make one.
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Other cards in this set

Card 2

Front

The police can exercise there removal powers under Section 46, the police are required to make a professional judgement to decide if a child is at risk of “significant harm” if they do not use their powers of protection.

Back

Section 46 Children’s Act 1989

Card 3

Front

Under Section 44 of the Children’s Act, the local authority can apply for an emergency protection order where there are reasonable grounds for believing there is an immediate risk of significant harm to a child.

Back

Preview of the back of card 3

Card 4

Front

Section 20 gives the local authority the duty to provide accommodation for a child in need. Parents may be asked to sign a section 20 agreement giving the local authority permission to remove the children to foster care or another family member.

Back

Preview of the back of card 4

Card 5

Front

An interim care order is an order that is made by the court before a final order in care proceedings creating a care order in respect of the child while proceedings are on going.

Back

Preview of the back of card 5
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