Term
Children Act 1989
Principles of the act |
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Definition
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Term
Children Act 1989
Section 17 (10) |
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Definition
For the purposes of this Part a child shall be taken to be in need if—
(a)he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this Part;
(b)his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
(c)he is disabled,and “family”, in relation to such a child, includes any person who has parental responsibility for the child and any other person with whom he has been living. |
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Term
Children Act 1989
Section 31 (9)(10) |
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Definition
(9)In this section—
“authorised person” means—
(a)the National Society for the Prevention of Cruelty to Children and any of its officers; and
(b)any person authorised by order of the Secretary of State to bring proceedings under this section and any officer of a body which is so authorised;
“harm” means ill-treatment or the impairment of health or development [F7including, for example, impairment suffered from seeing or hearing the ill-treatment of another];
“development” means physical, intellectual, emotional, social or behavioural development;
“health” means physical or mental health; and
“ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.
(10)Where the question of whether harm suffered by a child is significant turns on the child’s health or development, his health or development shall be compared with that which could reasonably be expected of a similar child. |
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Term
Children Act 1989
Section 47 |
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Definition
Where a local authority—
(a)are informed that a child who lives, or is found, in their area—
(i)is the subject of an emergency protection order; or
(ii)is in police protection; F1. . .
(iii)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm,the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare. |
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Term
Children Act 1989
Section 20 |
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Definition
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—
(a)there being no person who has parental responsibility for him;
(b)his being lost or having been abandoned; or
(c)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.
Any person who has parental responsibility for a child may at any time remove the child from accommodation provided by or on behalf of the local authority under this section. |
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Term
Children Act 1989
Section 46 |
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Definition
Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may—
(a)remove the child to suitable accommodation and keep him there; or
(b)take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented. |
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Term
Children Act 1989
Child Protection conference |
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Definition
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Term
Children Act 1989
Section 44 |
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Definition
Orders for emergency protection of children.
(1)Where any person (“the applicant”) applies to the court for an order to be made under this section with respect to a child, the court may make the order if, but only if, it is satisfied that—
(a)there is reasonable cause to believe that the child is likely to suffer significant harm if—
(i)he is not removed to accommodation provided by or on behalf of the applicant; or
(ii)he does not remain in the place in which he is then being accommodated;
(b)in the case of an application made by a local authority—
(i)enquiries are being made with respect to the child under section 47(1)(b); and
(ii)those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and that the applicant has reasonable cause to believe that access to the child is required as a matter of urgency; or
(c)in the case of an application made by an authorised person—
(i)the applicant has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm;
(ii)the applicant is making enquiries with respect to the child’s welfare; and
(iii)those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and the applicant has reasonable cause to believe that access to the child is required as a matter of urgency. |
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Term
Children Act 1989
PR, Section 2,3,4 |
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Definition
Parental responsibility for children.
(1)Where a child’s father and mother were married to [F1, or civil partners of,] each other at the time of his birth, they shall each have parental responsibility for the child.
[F2(1A)Where a child—
(a)has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008; or
(b)has a parent by virtue of section 43 of that Act and is a person to whom section 1(3) of the Family Law Reform Act 1987 applies,the child's mother and the other parent shall each have parental responsibility for the child.
(2)Where a child’s father and mother were not married to [F3, or civil partners of,] each other at the time of his birth—
(a)the mother shall have parental responsibility for the child;
(b)the father [F4shall have parental responsibility for the child if he has acquired it (and has not ceased to have it)] in accordance with the provisions of this Act.]
[F5(2A)Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies—
(a)the mother shall have parental responsibility for the child;
(b)the other parent shall have parental responsibility for the child if she has acquired it (and has not ceased to have it) in accordance with the provisions of this Act.]
(3)References in this Act to a child whose father and mother were, or (as the case may be) were not, married to [F6, or civil partners of,] each other at the time of his birth must be read with section 1 of the M1Family Law Reform Act 1987 (which extends their meaning).
(4)The rule of law that a father is the natural guardian of his legitimate child is abolished.
(5)More than one person may have parental responsibility for the same child at the same time.
(6)A person who has parental responsibility for a child at any time shall not cease to have that responsibility solely because some other person subsequently acquires parental responsibility for the child.
(7)Where more than one person has parental responsibility for a child, each of them may act alone and without the other (or others) in meeting that responsibility; but nothing in this Part shall be taken to affect the operation of any enactment which requires the consent of more than one person in a matter affecting the child.
(8)The fact that a person has parental responsibility for a child shall not entitle him to act in any way which would be incompatible with any order made with respect to the child under this Act.
(9)A person who has parental responsibility for a child may not surrender or transfer any part of that responsibility to another but may arrange for some or all of it to be met by one or more persons acting on his behalf.
(10)The person with whom any such arrangement is made may himself be a person who already has parental responsibility for the child concerned.
(11)The making of any such arrangement shall not affect any liability of the person making it which may arise from any failure to meet any part of his parental responsibility for the child concerned. |
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Term
Children Act 1989
Section 1 (3), Welfare Checklist |
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Definition
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Term
Mental Capacity Act 2005
Code Of Practice |
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Definition
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Term
Mental Capacity Act 2005
Section 2, Lack capacity |
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Definition
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Term
Mental Capacity Act 2005
CoP, 4.11 - 4.13, Assessing Capacity |
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Definition
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Term
Mental Capacity Act 2005
Section 5 + 6 |
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Definition
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Term
Mental Capacity Act 2005
Section 27 |
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Definition
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Term
Care Act 2014
Section 1 (1),(2),(3), Wellbeing |
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Definition
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Term
Care Act 2014
Section 2 (8),(1), Assessment Process |
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Definition
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Term
Care Act 2014
Section 4 (1), LA duty Assessment |
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Definition
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Term
Care Act 2014
Section 9 (5), Assessments Involve people |
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
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Term
Care Act 2014
Section 3, Carers Rights |
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Definition
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Term
Care Act 2014
Section 42-46, Safeguarding |
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Definition
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Term
Care Act 2014
Key principles |
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
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Term
Care Act 2014
Section 17 (1) |
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Definition
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Term
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Definition
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Term
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Definition
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Term
Care Act 2014
Section 27(1) |
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Definition
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Term
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Definition
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Term
Human Rights Act
Article 8 |
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Definition
Article 8 (Qualified Right)
Everyone has the right to respect for his private and family life, his
home and his correspondence.
2 There shall be no interference by a public authority with the exercise
of this right except such as is in accordance with the law and is
necessary in a democratic society in the interests of national security,
public safety or the economic well being of the country, for the
prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others. |
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Term
Human Rights Act
Article 6 |
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Definition
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3. Everyone charged with a criminal offence has the following minimum rights:
to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him
to have adequate time and facilities for the preparation of his defence
to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require
to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him
to have the free assistance of an interpreter if he cannot understand or speak the language used in court |
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Term
Human Rights Act
Article 3 |
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Definition
| No one shall be subjected to torture or inhuman or degrading treatment or punishment |
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Term
Human Rights Act
Article 4 |
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Definition
No one shall be held in slavery or servitude.
No one shall be required to perform forced or compulsory labour.
For the purposes of this article the term ‘forced or compulsory labour’ shall not include:
(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this convention or during conditional release form such detention;
(b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service enacted instead of compulsory military service;
(c) any service enacted in case of an emergency or calamity threatening the life or well-being of the community;
(d) any work or service which forms part of normal civic obligations |
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Term
Human Rights Act
Article 5 |
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Definition
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
the lawful detention of a person after conviction by a competent court
the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law
the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so
the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority
the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants
the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation. |
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Term
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Definition
(1) A public authority must, in the exercise of its functions, have due regard to the need to—
(a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;
(b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
(c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
(2) A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1). |
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Term
| United Nations Convention on the Rights of the Child |
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Definition
Non-discrimination (Article 2)
Best interests of the child (Article 3)
Survival and development (Article 6)
Participation (Article 12) |
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