ASBO - For the Evan's Family - Essay Example

Case Analysis In order to analyze whether the threshold criteria are satisfied in the case of Barry and Felicity, having a clear view of the Section 31 of the Children Act 1989 is essential. The Section 31 particularly says about the care and supervision that must be provided to children if they are exposed to harmful living situations. According to Section 31(2), “A court may only make a care order or supervision order if it is satisfied – (a) that the child concerned is suffering, or is likely to suffer, significant harm; and (b) that the harm, or likelihood of harm, is attributable to – (i) the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or (ii) the child is being beyond parental control” (Children Act 1989, as cited in legislation.gov.uk).

Both the children have not reached the age of seventeen and hence they are under the jurisdiction of this legal provision. Barry and Felicity are likely to suffer significant harm if a care order or supervision order is not made. The case makes it clear that Mrs. Evans, with whom the children are residing currently, is not much concerned about the wellbeing of her children. The way Mrs. Evens responds to Mr. Jones who complained to her about the noise disturbances made by Barry late at night clearly reflects that she does not care about her children. Mrs. Evans replies Mr.

Jones why she should care what Barry does when his dad does not care at all. Although Mrs. Evans’ words indicate her anger toward her ex-husband, this attitude is not good for the future of Barry and Felicity. Similarly, it seems that Barry has been hanging out with a gang of older boys who have criminal background and they frequently visit Barry’s house late at night. They drink, smoke, and play music loudly. From the information available, it seems that Mrs. Evans cannot control her son or she does not try to do so. When Mrs. Evans mentions Mr.

Jones’ complaint to Barry, he shouted at her and left the house and did not return for three days. He still plays music loudly at the mid-night and frequently disappears from home for days. Considering that Barry is only 15 years old, it can be argued that he is beyond parental control. He says that the lots of spare money he received from his father were for doing odd jobs for him. However, even Mrs. Evans is not sure whether he was telling the truth. Arguably, it can be suspected that Barry earns money through gang crimes or other illegal activities.

If this suspicion is true, Barry is really exposed to criminality and this situation may cause him many troubles in future. In addition, substance abuse and alcohol consumption pose many potential challenges to Barry’s future. The fact that Barry’s attendance at school has been erratic over the last six months clearly indicates that Barry has been greatly affected by the separation of his father and mother (which happened six months back). Due to his unsatisfactory attendance rate, he is getting behind the coursework during a crucial time in his GCSEs.

These evidences are enough to support the claim that Barry is likely to suffer a significant harm in the absence of a care order or supervision order. And, the harm is attributable to the care given to the child by his mother. Likewise, the case study indicates that Felicity has come to school in dirty clothes over the last six