The Children (Northern Ireland) Order 1995 was initially introduced to address gaps and defects within exciting children’s legislation. For example people to protect children are limited and need to be changed; this would allow greater protection to children and ensure greater accountability to the courts. There was also little emphasis on the prevention of abuse; this was taken into consideration in the new Order. The Children (Northern Ireland) Order 1995 also promoted the rights and responsibilities of the parent and their duty to safeguard the welfare of their children. This piece of legislation affects children and young people, it takes in the child’s view of their needs and they can be met. It also reassures them that there is help if it is ever needed.
If a case of abuse is suspected or confirmed it is essential for the parents and courts to be aware of the five principles within the Children (Northern Ireland) Order 1995. These are paramountcy, parental responsibility, partnership, prevention and protection. It is made very clear that the welfare of the child is paramount when decision making. This then means that the wishes and feelings of the child, their age and understanding are taken into consideration; this then puts less pressure on the child and allows them to carry on life with some normality. It also advantages the child as it considers their emotional, physical and educational needs. The court will only make an Order when they are sure it will positively contribute to the child’s welfare. It is recognised that a delay I court proceedings can be harmful to the child’s interests, to address this problem courts will draw up a timetable of proceedings, although this is the case some delays should be expected.
The role of the government is to help parents carry out their responsibilities but not to interfere with family life. Parental responsibilities can be shared but a parent cannot surrender their particular responsibilities. This is to advantage the child as it ensures no matter what happens they are entitled to have their needs met. The government is there to help their parent’s to do so and therefore maintain a life of normality. The principle of partnership states that where ever possible children should be brought up with their families. It is considered the government’s duty to support this principle by forming effective partnerships with parents. This benefits the child as their parents and they will be provided with information regarding services available, this makes the child aware of what should and should not be happening to them. If a child is victim to abuse it will reassure them that there is services available to seek help, this has increased the amount of children wanting assistants during abuse.
The Children (Northern Ireland) Order 1995 provides a definition on what they consider being a ‘child in need’ and have then tried to prevent those children from any further neglect. The legislation ensures that there are services in place to help those individuals, these services range from the provision of day care through to accommodation for children who need to spend time away from home. This may make children feel socially excluded as they will be labelled as a ‘child in need’, although this is an advantage as it helps to stop abuse from reoccurring. When complying with this legislation boards have a duty to investigate where there is reason to suspect a case of abuse. An investigation would be carried out and if it indicates that a child’s welfare needs to immediately be dealt with then an Emergency Protection Order may be sought. This removes the child from the home environment for 8 days.
If the investigation identifies any concerns which cannot be dealt with co-operatively then a Child Assessment Order can be applied for. This lasts for 7 days depending on the situation and circumstances, the child may remain in the family home during this time. This is beneficial to the child as it ensures that the risk of the child suffering any form of abuse is limited. Although 7 days may not be long enough for a thorough investigation to take place, therefore it could be possible for the child to be put back in their home were abuse is likely to occur again. It is evident that there are many legislative rights of a child and their family especially when abuse is suspected or confirmed. However these legislations have advantages and limitations which should be taken into consideration always bearing in mind that the needs of the child are paramount.
