In the present scenario, Marley is the nine years old daughter of Karen James and Tim James,
who are presently going through abitter separation. …
In the present scenario, Marley is the nine years old daughter of Karen James and Tim James,
who are presently going through abitter separation. As aresult they have been living in separate
houses. While marmalade mainly lives with her mother, she visited her father and made some
videos in which she was shown smoking and with some empty bottles of alcohol. At the same
time, she was also shown in her undergarments. Under these circumstances, Karen reports to the
social services. As aresult, it needs to be explained what action should be taken by the social
services if it is suspected by them that achild may be suffering or may suffer significant harm
under these circumstances.
One of the most important parts of child protection legislation is included in the United States
Part 5, Children Act 1989; and
Working Together to Safeguard Children 2018 is government official guideline.
Section 31(1), Children Act 1989 defines injury as “the bad treatment of the child’s health or
development.” Social workers will evaluate the kid’s health and development to what would be
expected of acomparable youngster to determine whether damage has been done. Think about
what is normal for akid of that age or developmental stage, for example.
Services from social services might be requested by afamily member, such as aparent; arelative;
or an older kid. This request may be made on behalf of the family by ateacher, family center
worker, or GP.
It is possible that your local authority will assign aneighborhood-based social worker or amulti-
agency assessment team member (sometimes called MASH team) to conduct a further
assessment, immediate assistance, and referrals to appropriate community-based services and
supports, depending on your location.
Short-term care services for parents and relatives of handicapped or disabled children may be
provided through children’s and adults’ social care services (inside or outside of the home).
There may be concerns about the kid’s safety, such as if an adult’s violent behavior causes injury
to the youngster.
An emergency short-term measure or aplanned series of short-term breaks may be requested by
aparent to assist manage their troublesome child’s behavior or give ascheduled break or series
of short breaks during an especially stressful moment. Emergency action by the police or acourt
order may lead to children being taken into care.
There are several ways in which social services are referred. Self-help is possible via local social
services, which you may locate by clicking on this link. As aparent, you may be referred to a
mental health expert by other professionals who work with you and your family. People who
have reason to believe that achild is in danger of being abused or neglected may turn to social
services, the police, or the NSPCC for assistance.
You may find these suggestions helpful if you’re not sure what to anticipate from social services
in your household. You may find a wealth of information on your local social services
department in the form of brochures and factsheets.
Every Local Authority is obligated by law to assist families in need of assistance in raising their
children. The provision of local services for children in need is mandated by law under Part III of
the Children Act 1989. As arule, children under the age of 18 years old are considered children
in this context (s105).
Every Local Authority shall have the obligation to:
To protect and promote the well-being of at-risk children in their community;
Providing abreadth and degree of assistance relevant to the requirements of these children is part
of our obligation to support the raising of these children by their families.
Section 17 of the Children Act of 1989 imposes an obligation on agencies to work together in the
best interests of children in need. Child Act 1989 provides afoundation upon which the Children
Act 2004 may be built. To ensure that children’s well-being is protected and promoted, Section
11 requires awide variety of organizations to make provisions for the proper implementation of
their responsibilities and services.
Part III of the Children Act 1989 contains many fundamental principles:
Safeguarding and promoting vulnerable children’s well-being is the state’s responsibility, carried
out by local authorities; bringing up children in their own homes is best for them;
While parents are responsible for raising their children, they may need support from time to time;
they should be able to request services, including housing (under s20 of the Children Act 1989),
from or with the aid of the Local Authority as needed.
A child’s needs may be fulfilled by avariety of services, such as their primary care physician
(PCP), their school, or their health visitor (HV). A child’s requirements can be met by avariety
of services; for example, their primary care physician, their school, or their HV.
Reference should be made to Early Family Support Threshold Guidance and Common
Assessment Framework completed as the complexity of the child’s demands increases. The CAF
serves as apillar of support for achild as their treatment progresses to Tier 3;
Tier 3: Children who need the assistance of Children’s Social Care are included in this category
(Children Act 1989). If areferral to the Multi Agency Referral and Assessment Team (MARAT)
is warranted, the Threshold criteria (see Appendix 1: The Art of Referencing
A kid who is in the care system, achild who is subject to aChild Protection Plan, or one who is
otherwise involved with the criminal justice system, is considered to be in Tier 4. It has been
determined that the bar for statutory agency engagement has been satisfied where children’s
social care is the main agency.
They may determine that a child protection investigation is required and undertake what is
known as aSection 47 inquiry where there are concerns about the safety or welfare of achild or
children.. This implies that they will conduct athorough investigation because they suspect that a
kid or children in that household have been abused or neglected or are at risk of being abused or
neglected in the future unless appropriate measures are taken. This is referred to as “substantial
harm” in the legal world.
Please don’t freak out if you’ve heard that they’re conducting a Section 47 investigation.
Determine if the child’s requirements are being fulfilled. They will also utilize this investigation
to determine whether further measures are necessary to protect and promote the welfare of the
There is a possibility that the kid may be officially examined on their own if there is an
accusation that the child has been mistreated or severely neglected. You will be interviewed by a
social worker. You and an older kid may be asked to consent to a doctor’s examination. The
child’s wants and emotions must be taken into account when social services decide what action to
take in the Section 47 inquiry. Educators, doctors, and other experts who are familiar with you
and your kid may provide further information. As aparent, it’s your responsibility to tell others if
you think they need to know more about your family.
Fatherhood is no longer seen in the same way as it was in the past. Fathers may now be seen
outside of the house, at parks and playgrounds, on the streets, and in shopping malls, performing
the role of active ‘fathering,’ which is now widely recognized. From less than 15 minutes aday in
the 1970s to three hours aday during the week and even more at the weekend by the late 1990s,
fathers’ engagement in child care grew significantly. There has been asteady rise in the number
of people becoming involved. As a result, people’s perspectives have evolved. Parental
responsibility for childcare has remained high, with 29 percent of parents believing that the
major role of the mother is to take care of the children (Ellison, Barker and Kulasuriya, 2009)
(Ellison G, Barker A and Kulasuriya T (2009) Work and care: a study of modern parents.
Manchester: EHRC). Fathers’ participation in children’s lives in Scotland is higher than in other
UK counties. A majority of Scottish men want to spend more time with their children than their
English counterparts. On the basis of these findings, they conclude that dads in Scotland are
more likely to read books to their children, put them to bed, and take care of their children on
their own ‘several times aweek.’ Men are increasingly undertaking more household and child-
rearing tasks, although women still devote much more time to these roles than men:. Only 16
hours per week are allotted to males and 26 to females. There are numerous reasons to urge more
father engagement, including this one.
Public relations is not defined in any other way under law. As opposed to “power,” it’s
commonly argued that ‘status’ plays arole here. Even if you have parental responsibility for your
kid, you are not entitled to veto any other parent’s choices or to micro-manage other parents’
decisions on aday-to-day basis, unless there is aspecial guardianship order.
As aparent, you have aduty to protect your child’s well-being, and this duty is to be done for the
child’s sake, not your own. Underpinning akey tenet of the Act is the “no-order” principle in S.
1(5) CA 1985: that parents are expected to exercise their responsibilities to contribute to their
child’s welfare without the necessity for acourt order specifying or limiting such exercise, if all
other factors are equal. This case makes itobvious that the status has nothing to do with paternity
or parenting per se, but rather wellbeing as awhole.
In Re W (Direct Contact)  EWCA Civ 999, the court stated that It’s not just aquestion of
checking abox to say whether or not aparent has parental responsibility. It’s abig deal when it
comes to the relationship between aparent and akid, as well as between the parents themselves.
With the emphasis placed on “responsibility,” which is prominently highlighted in Section 3 of
the Children Act 1989, we hope to encourage more parents to engage in difficult discussions
about post-separation contact than may have been possible in the past by emphasizing that this
responsibility is likely shared with the other parent.
In most cases, you can expect to be consulted by the other parent on key concerns, such as
schooling and health, if you are aparent with acriminal record. A judge will have to rule on the
matter if the parties involved in a PR dispute can’t agree on what to do. A parent must be
informed and consulted before making a choice in these scenarios. There aren’t many choices
you have to make along with the other parent on adaily basis, such as what time the kid wakes
up, what he eats for breakfast, etc.
After reviewing the relevant precedent, the Court of Appeal in Re D  weighed in.
Section 1(1)(b) of the Children’s Act 1989 states that the wellbeing of the child is the most
important criterion for determining whether or not aparent has parental responsibility. Section
1(3) (the “welfare checklist”) doesn’t have to be addressed by the court, but it’s probably agood
idea and the court may find it beneficial to employ an analytical framework, not least since
welfare must be weighed and reasoned.
In awelfare analysis, no one element is given any hypothetical precedence by the court because
of the paramountcy requirement. Many criteria are taken into account, such as the father’s level
of commitment to the kid, their level of connection, and the father’s motivations for requesting
Unless an adoption order is issued, neither mothers nor married dads may have parental
responsibility removed. Article 8 of the ECHR allows for such adifferentiation. This case was
Smallwood vUK (27 EHRR CD 155) (1999).
Unmarried dads may have their parental rights terminated by acourt if they are found to be in the
child’s best interest, although this is an extremely rare occurrence.
An unmarried father who had admitted to sexually abusing the mother’s other children and
caused agreat deal of mental distress to her family was taken from his parental rights (Re D
 EWCA 315).
Children Act section 33(3) defines the difference between care and supervision orders. Care
orders are the only legal means through which Los Angeles may be granted full parental
responsibility and the authority to choose how others may exercise that obligation. As aresult of
the adoption of a care order, the local authority (LA) is now in charge of making choices
concerning achild’s welfare, rather than having a”shared” parental duty.
Parental responsibility may be regulated by the LA if itis deemed ‘essential’.
Nevertheless, the LA may only exercise its powers to limit other people’s parental
responsibilities if itis required to protect or promote the welfare of the child under section 33(4).
In light of Article 8 of the European Convention on Human Rights and the requirement to act
proportionately, the LA must assess whether or not what itproposes is ‘essential.’
Unless there are concerns about the welfare of a kid, it is impossible to legally terminate
communication between afather and his child. There may be problems of criminal offenses, drug
or alcohol misuse, domestic violence, or any other improper behavior that puts akid in danger.
There are unfortunately many instances in which a mother just refuses to allow her son or
daughter’s father to visit them. When it comes to parental rights, many males fail to realize that
they enjoy the same protections as moms. This implies that they are entitled to the same level of
access to the kid that the mother is.
In other words, unless there is agood cause to do so and one that impacts the welfare of the kid,
a mother should not restrict a father who has parental responsibility from seeing their child.
However, if the mother is taking care of the kid on adaily basis, she has the ability to block
access or contact.
Only if there is adanger of bodily or psychological damage to the kid may contact be halted
under English law. As aresult, failing to show up on time for court-ordered contact or failing to
pay child support aren’t grounds for denying afather access to his kid.
Even though your ex-partner can’t legally block you from having contact with your kid, you may
have to go to court to guarantee that the contact takes place.
If you are worried about your child’s safety or wellbeing, ajudge may issue an order preventing
them from seeing you if there is:
ï‚· Drug/alcohol misuse
ï‚· Criminal activity
ï‚· Domestic abuse
ï‚· Any other inappropriate behavior putting the child at risk
Children have alegal right to access, but it is not afundamental human right. As aparent, you
have some legal duties, but no inherent right to ‘contact’ with your child. Decisions on whether or
not to allow you to see your kid are determined solely on the basis of how it will benefit your
child’s quality of life, not how it will benefit you as a parent. As long as there are no safety
concerns, the court will aggressively promote contact between the kid and their biological
This presumption of continuing parental engagement in akid’s life was incorporated into federal
law by the federal government in 2014 as the greatest way to ensure the well-being of achild. If
it cannot be established that you will hurt or endanger your kid, you will almost always be
allowed some kind of contact with them. Courts may, however, take into account the danger of
damage to the other party if contact is allowed in circumstances of domestic violence. Before
reaching afinal decision, the court will take into account avariety of additional considerations,
including motive and dedication.
Mediation, collaborative practice, and arbitration are three ways parents in the United Kingdom
might avoid going to court in the event of disagreement.
In cases involving minors, these non-judicial techniques of resolving disputes are preferable than
going to court because:
Compared to judicial processes, they are less expensive.
They get things done swiftly.
Parents and children may experience less anxiety and distress as aresult of using these services.
With the help of a neutral, qualified mediator, parents strive to resolve their issues through
mediation. As aresult of mediation, parents may better express their feelings to one other and
resolve conflicts peacefully.
Shuttle mediation, where parents sit in different rooms and have their agents transmit their
requests back and forth, is occasionally offered in high-conflict situations. â€“
Occasionally, the kid who is the subject of the dispute is invited to participate in the mediation
process as an equal participant.
Mediators have a deep awareness of the laws and procedures involved in settling family
problems. Legal counsel and making judgments for you are out of the question. They only
provide you with the means to come to an agreement.
When parents are more comfortable negotiating with the assistance of legal counsel,
collaborative practice may be beneficial.
One representative from each parent’s side (typically acertified collaborative lawyer) works with
the other to create asolution that both sides can agree on.
It is possible for lawyers to refer clients to other specialists, such as family counselors and
arbitrators, if they feel itis necessary.
Mediation, on the other hand, is amore informal approach. Both parents first sign apromise to
stay out of court. Parents and attorneys often attend aslew of subsequent sessions. A legally-
binding agreement is signed if the parents (who always have the last word) come to an agreement.
Arbitration seldom lasts more than a day or two, in contrast to the weeks or months that a
collaborative process might last (not counting preparation time). A lawyer or other legal
practitioner acts on your behalf in arbitration, deciding a particular case for you. Final and
binding court orders are issued by the arbitrator. There are times where arbitration may be quite
helpful, especially in the context of joint practice. Legal representation delivers evidence to an
arbitrator and examines witnesses for the opposite parent in aseries of hearings. It is common for
these hearings to be conducted in aboardroom-like atmosphere.
Social workers may be called upon by the arbitrator to provide areport on the child’s desires and
any potential welfare concerns they may have.
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