Nobody downloaded yet

Child and the Law - Essay Example

Comments (0) Cite this document
Summary
Research Paper On The Powers and Duties of Local Authorities in relation to the Family Name: Order No: 781100 Subject: Law Name: Date: 2013 Professor: (A) Brief facts This involves a single mother, Ann Dawson aged 20 who begot two issues, namely, Gary and Debbie aged 4 and 2 respectively living in Somerfield…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.7% of users find it useful
Child and the Law
Read TextPreview

Extract of sample "Child and the Law"

Download file to see previous pages (B) Brief Facts In this problem Julie and Keith Morgan got married and begot 3 children, namely, Carly, Robbie, and George aged 16, 13 and 10 respectively, also known to the local authority in Somerfield. Keith has been imprisoned severally for dealing in drugs and petty theft. Their children were found wondering and loitering in the city on a Saturday evening. Carly was drunk and is allegedly engaging in prostitution. Robbie and George are mixing with older boys-involved in criminal activities. The local Authority is concerned and wishes to protect and safeguard them. Issues 1. Whether the Social Services Department (local authority) has any legal authority in both scenarios? 2. If issue 1 is answered in the affirmative, what are the powers and duties of the Local authority? 3. What is the Forum and procedure in the circumstances? Law applicable a) The Adoption and Children’s Act, 2002 [cap 38] b) The Children’s Act, 1989 [Cap 41] c) The Child Care Act, 2006 [cap 21] d) The Children’s Act, 2004 [cap 31] e) The Children and Young Persons Act, 2008 [cap 23] f) The Local Services Act, 1970 [cap 72] g) Case law. Resolution of issues Issue No1: Yes. The local authority is vested with legal powers and duty to take care and protect any child from all forms of abuse “(Children’s Act, 2004, s.17 and 18).” A local authority is a “non- metropolitan organization” charged with the duty of protecting and safeguarding children who have been abandoned by their parents or who are being abused and neglected (Nigel and Douglas, 2007, P.693). Accordingly Section 1 and 7 of “the Local Authority Social Services Act (1970)”empowers Local authorities to protect and safeguard vulnerable children. Additionally, Section 17 and 18 of “the Children’s Act 2004)” and Section 31(10) and 47 of “the Children’s Act (1989)” empower an authority to investigate the vulnerability, neglect and abuse of children with the aim of gathering evidence that will assist the authority in discharging its duties. However, while investigating negligence and abuse of children, the authority should respect the rights of parents towards their children. Premafacie parents have rights and duties over their children and should not be deprived of that primary responsibility in what had been referred to as “family privatization” ( Nigel & Douglas, 2007, P. 477). For this reason, it’s the primary responsibility of the local authority to firstly promote the upbringing and safeguarding of children in cooperation with parents until they are unwilling to cooperate where upon the authority is empowered by law to take over that responsibility. Hence, it shall be the duty and power of the local authority to provide adequate care if children have been subjected to mental, physical and psychological impairment in their development. In doing so, regard should be given to “the child’s welfare as a paramount consideration (Children’s Act (1989, s.1 (1)).” The “welfare principle” is the litmus paper in protecting and safeguarding children from significant harm which the Social Services Department is obliged to fulfill. Welfare simply means the overall upbringing of children including the financial, moral, spiritual and general makeup of children. When the Local Authority has weighed the needs, wishes, risks, choices and all forms of circumstances surrounding the children as well as those of their parents, adherence to the “ ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Child and the Law Essay Example | Topics and Well Written Essays - 3000 words”, n.d.)
Retrieved from https://studentshare.org/law/1403682-child-and-the-law
(Child and the Law Essay Example | Topics and Well Written Essays - 3000 Words)
https://studentshare.org/law/1403682-child-and-the-law.
“Child and the Law Essay Example | Topics and Well Written Essays - 3000 Words”, n.d. https://studentshare.org/law/1403682-child-and-the-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Child and the Law

Child adoption law

... under the Adoption and Children Act 2002? - An Analysis The law on adoption was completely transformed with the effect from 30 December 2005 through the introduction of the Adoption and Children Act 2002 in UK. The Adoption and Children Act 2002 tries to address the question of parental consent of the natural parents and the question of the best interest of the child which are tackled at an early stage. Thus, child’s welfare is given a paramount significance in the Adoption and Children Act 2002 and has introduced a new checklist for the adoption which includes the long-run impacts of adoption. As per the Adoption and Children Act 2002, if the welfare of a child requires it, the court can dispense with the requirement of consent... not get...
16 Pages(4000 words)Dissertation

The impact of the No Child Left Behind Law on Texas Schools

...?The impact of the No Child Left Behind Law on Texas Schools Since the year of 2002 when the implementation of the No Child Left Behind law came intoto effect, many changes have occurred in the classrooms of Texas school children. The way that teaching is carried out, and the testing procedures that students undertake, have affected the educational lives of students. Teachers and school staff have also been affected. This law has changed the previous manner in which money was delegated for educational purposes. Whether or not the impact of this law has been positive or negative is a controversial subject. The law was...
3 Pages(750 words)Research Paper

Family Law Child Welfare Principle Parent Autonomy

...? Family Law Child Welfare Principle and Parent’ Autonomy The population of United Kingdom has been estimated over 62 million in 2011 and among these around 17.3% are children of 1-14 age groups. There is wide variation in the living standard and incomes of people across UK due to which the children are also living in varied conditions. There is no single legislation covering the child protection rights in UK as there is myriad of laws and guiding principles implemented from time to time to define the duties, responsibilities and power of guardian and parents regarding childcare1. At present the matters of child care, custody and welfare are examined and...
8 Pages(2000 words)Essay

MG 261 Business Law II/ Child Labor Laws

...? Mg 261 Business Law II/ Child Labor Laws Mg 261 Business Law II/ Child Labor Laws Child labor may be defined as work that may lead to harm on children and may as well cause them not to attend school. In most areas of the world, the growing gap between the poor and the rich in the recent decades have led to many young children dropping out of school for them to work. It is estimated, according to international labor organization that more than two hundred and fifty million children who are between the ages of five and seventeen are working under poor conditions. These conditions are describes as being hardazious and...
7 Pages(1750 words)Research Paper

Child Law CW

...? Module Child Law Module MOD000044 Level: 6 Academic Year: 3 Semester: 2 Module Leader: Andrew Gilbert Introduction Parental responsibilityof Bobby was under Anita because there was no agreement of parental responsibility with Steven. Steven decided to apply for residency and contact orders because of the stalemate that he had with Anita concerning Bobby. Anita claimed that the Bobby was not Steven`s son as he had thought all through. Since the two had not reached an agreement on Bobby, the court was to decide on the matter putting into considerationthat the case may not in any way negatively impact on Bobby. For married couples, parental responsibility is shared whereas for unmarried parents,the...
12 Pages(3000 words)Essay

Child and the Law

...The relevant legal duties which are owed by the local ity to Justin. The relevant procedures which will need to be followed in order that such a referral may be made in relation to Justin. The background context in relation to recent concerns about the education of children in local authority care. How the establishment of Children's Trusts may improve the lot of children such as Justin, and how decision making in such a situation relates to relevant child rights theories. Cases such as that of Justin are tragic and yet all too common in present day Britain. The multiple needs of the child, together with the fact that he has been acting as a caregiver for his mother, make the case a multifaceted one in...
12 Pages(3000 words)Case Study

Critical assessment of English international private law governing the care of children and child abduction

...Anand P.S.Brahmanand ID 5283 Order # 133981 16 September 2006 Critical assessment of English international private law governing the care of children and child abduction Introduction: Children constitute the most important section of our society and providing them basic social and physical amenities is our fundamental duty. It is stated that "today's children are tomorrow's citizens". However they are the most neglected section as far as the positive response of society is concerned. The remarkable percentage of world population is shared by youth and children. It is estimated that the world population of youth and children (below the age of 25 years) accounts 3 billion (FN1). It varies from country to...
8 Pages(2000 words)Essay

Child Law

...addresses the offence that is child abduction. In this case, an abductor could be a parent, or not. The act also provides that an individual who is involved with a child below sixteen years of age is deemed to have committed an offence at such a time as when he either sends or takes a child away from the United Kingdom, and not taking the trouble of seeking proper consent. Once a person is deemed to be a parent to such a child, the law recognizes such a person as being connected to the child in question (Wardle & Nolan 2002). In a situation whereby such a child was born at a time when his parents had not yet married,...
4 Pages(1000 words)Essay

Child Law

...Child Law Introduction In order to advise Alistair Smith, regarding his rights with respect to education and overall welfare, the following issues have to be taken up for discussion. Alistair Smith’s school Greenfield Comprehensive has voiced concerns about his education, as well as overall wellbeing. According to their opinion, Alistair Smith is not physically fit for his age and the school is thinking of referring him to a psychologist, in order to determine if he has special educational needs. Alistair Smith’s parents are opposing the school‘s proposal, regarding such reference. As such, the school is dissatisfied with their parenting, and they are desirous of ascertaining, whether it is an issue...
11 Pages(2750 words)Essay

Professional Values Ethics and Law for Child Nursing

...Professional Values, Ethics and Law for Child Nursing Introduction The research objective is to outline the distinctive dilemma in upholding ethics when considering professional values and common law by nurses during child care. To assess the dangers and benefits of adhering to professional values and laws. The subordinate objective includes evaluating the key policies that could be amended in the health care system to improve service delivery. The research case study will be in regards to the fictitious case of a surgical liaison nurse by the name Christine Jones caught in the dilemma of undertaking what is ethically right for both her patient and her...
12 Pages(3000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Child and the Law for FREE!

Contact Us