important part to play in balancing the
rights of individuals and society
Children Act 1989 (
Children Act 2004
Children and Families Act 2014).
Children’s Hearing System
-Scotland
Jodie and Mary
Civil law and
criminal law
statutes
case
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.
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
Directions -are mandatory
EC law
European Convention on Human
Rights (ECHR),
The European Court
of Justice
makes sure that EC law is observed
throughout the European Union
children’s rights
evolve and extend
depending on their age and
understanding
the law places restrictions on what
children can do, and when they can
do
Public policy often supports the
rights and interests of parents
ahead of those of children,
negative approaches
Children’s welfare
and children’s
rights
can be undermined by conlicting
interests, neglect, indifference and
even hostility on the part of adults,
Listening to children and
taking them seriously
recognise and support children’s
capacities to contribute towards
their own protection, and allow
them to build on those strengths.
minors in law
responsability:adults
who care for them
established as a legal
obligation in the courts
can be relied on to
act in children’s
best interests
judgements as to the best
interests of the child are
often highly subjective, can
and do change over time, and
differ widely between
professionals.
children lack the
competence to act as
agents in their own lives
have the monopoly of expertise
in determining outcomes in
children’s lives.
can exploit and abuse that
power, to the detriment of
children’s wellbeing
UN Convention
on the Rights of
the Child 1989
framework of rights and
principles provides the
goals that societies must
aspire to for every child
set of standards against which
to measure progress, and to be
held to account.
Committee on the Rights of the
Child (CRC
civil rights of children to
exercise their own rights
in accordance with their
evolving capacitie
specific obligations on
governments to protect
children
Families and the
law
parental responsibility
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
The Education
Act 1981
recognised the term
‘Special Educational
Needs’ (SEN
introduce the concept of integration
into the education system
assessment and statement
procedures which
documented the needs of
disabled children.
The Children Act
1989
shaped children’s services and
introduced new concepts in respect
of children and parenting
parental responsibility’
wellfare
checklist
Wishes and Feelings of the
child concerned
The child’s physical,
emotional and educational
needs
The Likely effect on the child
due to changing circumstances
Child’s age, sex , background
and any other relevant
characteristics