The law

The law

important part to play in balancing the rights of individuals and society
1. Children Act 1989 (
2. Children Act 2004
3. Children and Families Act 2014).
4. Children’s Hearing System -Scotland
Jodie and Mary
Civil law and criminal law
1. statutes
2. case
3. Regulations--made by the Secretary of State for the enforcement of a particular area of policy. They provide more detail about how legislation should be acted on and they carry the full force of law.
4. Guidance -sets out expectations about the way legislation should be used in order to bring about its intentions. It indicates a path towards good practice at the local level
5. Directions -are mandatory
EC law
1. European Convention on Human Rights (ECHR),
2. The European Court of Justice
  1. makes sure that EC law is observed throughout the European Union
children’s rights
1. evolve and extend depending on their age and understanding
  1. the law places restrictions on what children can do, and when they can do
    1. Public policy often supports the rights and interests of parents ahead of those of children,
      1. negative approaches
2. Children’s welfare and children’s rights
  1. can be undermined by conlicting interests, neglect, indifference and even hostility on the part of adults,
  2. Listening to children and taking them seriously
    1. recognise and support children’s capacities to contribute towards their own protection, and allow them to build on those strengths.
3. minors in law
4. responsability:adults who care for them
  1. established as a legal obligation in the courts
  2. can be relied on to act in children’s best interests
    1. judgements as to the best interests of the child are often highly subjective, can and do change over time, and differ widely between professionals.
  3. children lack the competence to act as agents in their own lives
  4. have the monopoly of expertise in determining outcomes in children’s lives.
  5. can exploit and abuse that power, to the detriment of children’s wellbeing
UN Convention on the Rights of the Child 1989
1. framework of rights and principles provides the goals that societies must aspire to for every child
2. set of standards against which to measure progress, and to be held to account.
3. Committee on the Rights of the Child (CRC
4. civil rights of children to exercise their own rights in accordance with their evolving capacitie
5. specific obligations on governments to protect children
Families and the law
1. parental responsibility
  1. all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property"
Important laws
1. The Education Act 1981
  1. recognised the term ‘Special Educational Needs’ (SEN
  2. introduce the concept of integration into the education system
  3. assessment and statement procedures which documented the needs of disabled children.
2. The Children Act 1989
  1. shaped children’s services and introduced new concepts in respect of children and parenting
  2. parental responsibility’
  3. wellfare checklist
    1. Wishes and Feelings of the child concerned
    2. The child’s physical, emotional and educational needs
    3. The Likely effect on the child due to changing circumstances
    4. Child’s age, sex , background and any other relevant characteristics
    5. Any harm which the child may or could suffer
    6. Capability of parents to meet the child’s needs
    7. The Range of powers available to the courts

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