Original Message -----
From: "Mel" <***@hotmail.com>
Newsgroups: uk.gov.social-work
Sent: Tuesday, November 11, 2003 6:33 PM
Subject: Help needed
Post by MelI'm currently studying for my BA in Social Work, during a lecture on Monday
I got somewhat confused, I asked for a further explanation, it was a 7 hour
lecture though and information just wasn't going in.
I'm looking at the process of care proceedings, the 'foggy information' I
Assessment of Risk.
S47 Investigation.
If risk established then an application for Interim Care Order filed and
notice served, it just seems to get muddled from there and goes on and
on...I have timescales written down all over the page, 72 Hours, 8 days
maximum and final hearing no more than 40 weeks from onset.
Does anyone know of the process in diagram format, where does a PPO (section
46) fit in all this...
Hi Mel
Ok firstly, on one hand you are for real, rather than trying to inflame the
situation where many people believe that social workers know nothing of the
law!; On the other hand, I hope you're messing as what you appear to have
covered in one lecture, was the basis of a term of lectures (law lectures
and child care in practice lectures) in my Masters course a few years ago.
You need more than 7 solid hours! You need to have some practice notes/ case
studies; real life dilemmas to look at with the law.
Whatever - this is from the Swansea Uni websit. It is very basic - you
should purchase a good law book (Brayne and Martin I think) to give you the
basics, then back it up with further reading. Anyway - this explains where
the PPO fits in. I hope it helps.
Significant Harm
. Prior to the Act the grounds for state intervention were diverse
. Some 17 routes to care
. Welfare principle alone thought an unrobust criteria
. Fear that orders would be issued because the child would be better
off with foster parents
. Uniform threshold criterion below which state intervention is not
justified
. Harm is defined as ill-treatment or the impairment of health or
development
. Health is physical or mental health and development is physical
intellectual, emotional, social or behavioural development
. The harm must be significant. Significant is not statutorily defined
but comparison with what could reasonably be expected of a similar child is
used.
Initial Intervention
. Emergency Protection Orders (s 44)
- Provides immediate short term protection
- Not to be used as a routine response to suspicion of abuse
- Application is made to a family proceedings court
- Can be made ex parte before a single justice
- Can therefore be obtained outside normal court hours
Who may apply and grounds for the order
. Three separate grounds
- Significant harm
. Grant an order to any person only if satisfied there is reasonable cause
to believe that child is at risk of significant harm if not removed to
accommodation provided by the applicant or does not remain in the place he
is being accommodated
. If granted the local authority will have a duty to investigate under
section 47
- Frustrated Access - enquiries under s47
. order made on application of local authority where it is satisfied that
enquiries under s 47 are being frustrated by unreasonable refusal of access
to the child and such access is needed as a matter of urgency
- Frustrated Access - enquiries by authorised person
. allows an officer of the NSPCC to obtain an order if the court is
satisfied that there is reasonable cause to suspect child is suffering or
likely to suffer significant harm and the authorised person is making
enquiries in to the child's welfare and those enquires are frustrated by
unreasonable denial of access to the child which is needed as a matter of
urgency
Consequences of the order
. operates as a direction to any person to comply with any request to
produce the child to the applicant
. may include a provision requiring a person to disclose information
about the whereabouts of the child
. may authorise the applicant to enter and search for the child named
in the order
. if another child is then found on the premises and grounds for an
order apply the order has effect on him as if it were an emergency
protection order
Police protection s46
. Police officers have a power to take immediate action by removing or
detaining a child without a court order where the significant harm criteria
is satisfied
. No specific powers of entry and search are conferred by the Act but
PACE allows an officer to enter premises without warrant for the purpose of
saving life or limb
. No child may be kept in police protection for more than 72 hours
Long term solutions
. In many cases of suspected abuse no immediate protection is deemed
necessary
. Investigation will be conducted in accordance with the Area Child
Protection Committee procedures
. At various points during the investigation certain legal procedures
may be invoked
Pat