Magistrates - Child Law

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Child Law

J is 13 and lives with his mum M. He is an only child and his father died  when he was 3. He is in year 9 but has had a very chequered history of schooling and is frequently absent to care for his mum who suffers from depression and alcoholism.

He is protective of his mum and makes no complaints about looking after her. He is the subject of an education supervision order, and has in addition been taken into care on a voluntary basis by social services on a number of occasions. when his mum is hospitalised or unable to cope.

J does not settle well when in foster care and it is very upsetting to him. He is a quiet boy and his frequent absences from school means he has no friends. The school offers him remedial support but in spite of this he is struggling and has fallen far behind in schoolwork.

J's education welfare officer has been discussing with the shool how to better support J. They feel there is little they can do especially as they feel J is showing signs of depression and needs support with mental health as well as education issues. The school considers thesituation so critical so they suggest that he be considered for a place at boarding school. the school has excellent reputation for remedial work and for helping depressed and lonely children. There would be the possibility of weekend home visits.

They have passed their concerns to the Local Authority Social Services Department. A children's trust has recently been established in this area.

CONSIDER:
- the relevant legal duties which are owed by the local authority to J
- the relevant procedures which will need to be followed in order that such
a referral may be made in relation to J
- the background context in relation to recent concerns about the education
of children in local authority care
- how the establishment of Cildren's Trusts may improve the lot of children
such as J
- how decision making in such a situation relates to relevant child rights
theories
the relevant legal duties owed;
duty to promise an education
protect children at harm

LA have duty to educate kids in care, concerns re quality of education.

Part 111 of the Children Act 1989 regulates support services for families and the powers and duties of Local Authority (LA) towards children looked after by them. One of the primary purposes of the services is to prevent wherever possible the necessity to take compulsory action in respect of children, eg. care orders or supervision orders. S.17 (1) imposes general duties on LA to; safeguard and promote the welfare of children within their area who are in need and so far as consistant with that duty, to promote the upbringing of such children by their families. The Act defines a child as being 'in need' in S.17 (10) if he is unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by the LA under his part, or his health or development is likely to be significantly impaired, or further impaired, or he is disabled. The facts of this scenario lead me to believe that Justin is a child in need as he needs educational as well as mental support.

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The LA cannot refer Justin to boarding school without consent of his mother, under s.31 Childrens Act as the LA do
not have Parental responsibiltilty (PR) for him. PR is defined in the Children Act 1989 as: "All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and his property." There is no limit on the number of people who can have parental
responsibility for a child at any one time, and a person does not lose parental responsibility merely because someone else acquires it. Although on
the ...

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