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Evaluate the legislative rights of the child and the rights of their families

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Introduction

D1 Evaluate the legislative rights of the child and the rights of their families. The legal rights of children have improved over the last century; children now have the right to primary and secondary education. They have adoption rights, protection from exploitation in employment and protection from neglect and abuse. This is achieved through child protection laws; there are many key pieces of legislation which brought together much of the care related laws which affect children. These include Every Child Matters 2003 and the Children (Northern Ireland) Order 1995. These pieces of legislation established that a child's welfare and development were a paramount principle; this was to be taken into consideration in any legal case that may have an impact on their life. It is also stated within these legislations that it is essential to maintain the family unit and promote rights were possible. The Children (Northern Ireland) Order 1995 was introduced to develop the rights of children and the duties of the parents to protect and fulfil those rights. ...read more.

Middle

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. ...read more.

Conclusion

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. ?? ?? ?? ?? Unit 9 ...read more.

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