Analysis of Child and Family - Case Study Example

Child and Family Case Study Child and Family Case Study: The Evans Family Sections of the legislation and their provisions Application to the case study to the Evans Family Children Act of 1989, section 1. The act has three components. There should be no delay, the welfare of the child is to be given prior consideration and there is no order principle. The Act is potentially applicable to Josh. If there were hearings concerning his custody, the court must consider his welfare before passing a judgement and justify the judgement. Children Act of 1989, sections 2 to 4. This Act sets out a guidance on matters concerning parental responsibility (as amended by the Adoption and Children Act 2002) This is relevant to Jamie. Rose is responsible for Jamie’s welfare since he is not Tim’s son and she was never legally married to Josh’s father Josh Children Act of 1989, section 8 that states that a court can make rulings with respect to the child arrangements for matters to do with contact or residence. This is potentially applicable to Jamie. The court can make an order on Jamie to remain in Rose’s custody and Josh can be contacting Jamie on a specified period interval Children Act 1989, section 17. States that a local authority can should safeguard children’s welfare by extending services relevant to those needs. Jamie’s learning disability makes this act applicable to him. For instance, he might be provided with a form of special education that takes his disability into account (Coleman, 2013 p. 70). Children Act 1989, section 20. A local authority must provide accommodation services for a child in need for example when persons who care for the child cannot provide accommodation. Tim is quite aggressive and even assaults rose. This makes the living environment unsafe for both Rose and Jamie. Local authorities can therefore provide alternative accommodation to Jamie for his safety. Children Act, section 23C. Local authorities have an obligation to ‘former relevant children until they attain 21 years of age. For example, provision of advice and assistance. Rose having been in care of Jamie is entitled to such services in relation to Jamie’s education and training. Jamie requires the assistance maybe till he is 21 years old. Children Act 1989, section 31 involved with care and order and section 38 involved with interim care order in case a person’s aggressive behaviour results to other members of the family becoming homeless If a care of order is needed, the local authority should prove the case in a family court on a balance of probabilities and prove that it is the sole way of protecting Jamie since his step father Tim is assaultive (Coleman, 2013, p. 21). Children Act 1989, section 47. The Act outlines the duty to enquire where there are grounds to believe that a child is being subjected to physical, emotional and sexual harm or neglect currently or in future. If Jamie is affected adversely by Tim’s aggressive towards Rose, his mother, there is possibility that he would be subjected to emotional harm (Fortin, 2009, p.324). A89, section 44, local authorities or other concerned individuals to follow a court procedure to remove a child who is in immediate danger It stipulates that the child should remain in a safe place or access to a child is authorized where it is unreasonably denied. If Jamie is prone to immediate danger while living in Tim’s house, an Emergency Protection Order could be applied. This would take at least 8 days giving the local authority time to assess the situation and decide on how to protect Jamie. They may put him under foster care. Children Act 1989, Schedule 2 outlines the powers of local authorities to provide assistance in areas of finance, counselling and other services that might cut down on the effect of disability in a household. This is potentially applicable to the Evans family whereby Jamie has a learning disability and Rose is battling with brain haemorrhage. The services would reduce the effects of their sick conditions. The Children Act 1989 contains an important principle of partnership. This means that social service providers must work in conjunction with the families to protect the child and closely with other institutions like schools. This is relevant to Jamie. Social services should work together with Rose, the mother, and closely with his school and maybe the hospital he receives his treatment from. Family Law Act 1996, section 42 which provides for a re non-molestation order. Breach of this order is an offence. It also covers domestic violence protection and orders between sections 24 and 30 of the Crime and Security Act. This is relevant for Rose’s protection. She might seek a non-molestation order against Tim to stop him from assaulting her. Tim would be arrested if he breaches the order (Harris-Short, Miles, 2011, p. 257). Anti-social Behaviour, Crime and Policing Act 2014, section 1. Local authorities, the police department or landlords might file an application for an anti-social injunction. An application for an ASBI might be made by the agencies to counter the anti-social behaviour being rallied against Rose by Tim (Lowe, 2014, p. 199). Protection from Harassment Act 1997, section 2. The harassment must involve conduct on at least two occasions. Section 4 provides for harassment and fear of violence. Rose is being harassed by Tim and this brings up fear of violence. If Tim is charged he might be ordered to stay away from Rose and breach of this order would lead to arrest (Great Britain, 2014, p. 159). The Act Data Protection of 1998 and data protection principles, schedule 1. Peoples’ personal data is to be protected and only disclosed in limited circumstances like on health matters to health facilities. This is relevant to Rose. Her personal data on the state of her health should not be disclosed except in circumstances that aim to uphold her well-being (Great Britain, 2012, p. 7). Positive and Negative effects the legislation on the Evans Family Positive Effects Negative Effects The rights and interests of parents in charge of child care are upheld The laws might lead to splitting families and some for example when child custody changes. Efficient and timely intervention ensures that Rose and Jamie get the appropriate assistance enabling them to live comfortably The legislation might alienate the parties involved for instance it may widen the rift between Rose and Tim The information related to the parties involved is adequately safeguarded The rights and needs of each parent are not addressed in a balanced manner The law protects and upholds the fundamental rights of the participants like the freedom from harm that protects Rose Court proceedings may be threatening as it might turn family members against each other. The independence of the parties involved is assured In some cases information sharing may not be adequate and may lead to low confidence among participants Implications of the Legislation on Human Rights Articles and Sections of the Human Rights Act Discussion Proportionality in relation to protection and care proceedings The local authority must conduct itself proportionally for instance not completely denying Josh of Jamie’s custody but also not failing to act Protocol 1, Article 2, Right to Education A solution to Jamie’s learning disabilities must be sought by the local authority (Koch, 2009, p. 152). Article 6: Right to Fair Trial All the parties involved, that is, Tim, Rose and Jamie are entitled to fair hearing (Koch, 2009, p. 161). Article 5: The Freedom of liberty and security The safety of Rose is a responsibility of the local authorities (Ruggeri, 2015, p. 92). Bibliography Coleman, S. (2013). Safeguarding Children and Young People: The Social Work Skills Series. London: Routledge. Fortin, J. (2009). Childrens rights and the developing law. Cambridge, UK, Cambridge University Press. Great Britain. (2012). Data Protection Act 1998: Information Commissioners guidance about the issue of monetary penalties prepared and issued under section 55C (1) of the Data Protection Act 1998. London: Stationery Office. Great Britain. (2014). Anti-social behaviour, crime & policing act 2014, chapter 12. [S.l.], Stationery Office. Harris-Short, S., & Miles, J. (2011). Family law: text, cases, and materials. Oxford: Oxford University Press. Kindt, J. E. (2013). Privacy and Data Protection Issues of Biometric Applications: A Comparative Legal Analysis. London: Springer Science & Business Media. Koch, I. E. (2009). Human rights as indivisible rights: the protection of socio-economic demands under the European Convention on Human Rights. Leiden: Martinus Nijhoff Publishers. Lowe, N. (2014). Bromleys family law. Oxford: Oxford University Press Ruggeri, S. (2012). Liberty and security in Europe: a comparative analysis of pre-trial precautionary measures in criminal proceedings : with 3 figures. Gottingen: V&R unipress GmbH Read More