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Children Act 2004 Is up to Date with All Changes Known to Be in Force on Or Before 13 September 2021
Status: This version of this Act contains provisions that are prospective. Changes to legislation: Children Act 2004 is up to date with all changes known to be in force on or before 13 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Children Act 2004 2004 CHAPTER 31 An Act to make provision for the establishment of a Children’s Commissioner; to make provision about services provided to and for children and young people by local authorities and other persons; to make provision in relation to Wales about advisory and support services relating to family proceedings; to make provision about private fostering, child minding and day care, adoption review panels, the defence of reasonable punishment, the making of grants as respects children and families, child safety orders, the Children’s Commissioner for Wales, the publication of material relating to children involved in certain legal proceedings and the disclosure by the Inland Revenue of information relating to children. [15th November 2004] BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 CHILDREN’S COMMISSIONER 1 Establishment (1) There is to be an office of Children’s Commissioner. (2) Schedule 1 has effect with respect to the Children’s Commissioner. [F12 Primary function: children's rights, views and interests (1) The Children's Commissioner's primary function is promoting and protecting the rights of children in England. -
Human Beings? Reflections on the 70Th Anniversary of the Universal Declaration on Human Rights
All Human Beings? Reflections on the 70th Anniversary of the Universal Declaration on Human Rights Society of Legal Scholars Centenary Lecture 2018, University of Essex Lady Hale, President of the Supreme Court 2 November 2018 This year we celebrate the 70th anniversary of the United Nations’ Universal Declaration of Human Rights – what Eleanor Roosevelt, who chaired the drafting committee, called a Magna Carta for all mankind. The Declaration was non-binding and it took until 1966 to turn it into the binding International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights. The Europeans were well ahead of them in adopting the European Convention on Human Rights in 1950. Of course, these international treaties do not change the law in the United Kingdom. Only Parliament can do that, as it has done with the European Convention, in the Human Rights Act 1998, but only sporadically for the other two. The Universal Declaration opens movingly in article 1: ‘All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.’ But do we really mean it? I well remember coming home from responding positively to a fine lecture by Albie Sachs on ‘Do wicked people have human rights?’ to find that our flat had been burgled. It is annoying but of course if the police had caught the burglar he or she would have been entitled to a fair trial and not to be seriously ill-treated in prison. Today I want to concentrate on the relationship between the first and second sentences of article 1. -
Developing a Capacity Test for Compulsion in Mental Health Law Chris Heginbotham1 and Mat Kinton2
Journal of Mental Health Law May 2007 Developing a capacity test for compulsion in mental health law Chris Heginbotham1 and Mat Kinton2 Concepts of mental capacity are taking on an increased importance in the mental health law of the United Kingdom. For England and Wales, the proposal to introduce a threshold requirement of ‘impaired decision-making’ into the criteria for detention under sections 2 and 3 of the Mental Health Act 1983 was the first amendment to be voted upon in the House of Lords’ reading of the Mental Health Bill. Despite its emphatic (and whipped) resistance to this amendment, Government lost the vote by a wide margin3, although it seems possible, at the time of writing4, that the Government will seek to overturn their defeat in the Commons5. It is therefore timely to re-examine the role of such capacity tests in mental health legislation dealing with detention and treatment. This paper describes as yet unresolved definitional questions that must be encountered when concepts of mental capacity operate as a threshold for coercive psychiatric detention and/or treatment. Mental capacity tests in the Mental Health Act 1983 and other legislation In the House of Lords debate, the Minister stated that the proposal to introduce a test of impaired decision- making was “one of the core amendments that will undermine the broad intent of the Bill”6. Indeed, the clear implication of the Government’s resistance to this amendment was that the introduction of any sort of capacity-based criteria for detention would undermine the purpose of the Mental Health Act 1983 itself. -
Justice in Matters Involving Child Victims and Witnesses of Crime
Vienna International Centre, PO Box 500, 1400 Vienna, Austria Tel: +(43-1) 26060-0, Fax: +(43-1) 26060-5866, www.unodc.org Handbook for Professionals and Policymakers on Justice in matters involving child victims and witnesses of crime USD 32 United Nations publication ISBN 978-92-1-130289-9 Printed in Austria Sales No. E.10.IV.1 CRIMINAL JUSTICE HANDBOOK SERIES *0858376*V.08-58376—December 2010—1,350 UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Handbook for Professionals and Policymakers on Justice Matters involving Child Victims and Witnesses of Crime CRIMINAL JUSTICE HANDBOOK SERIES UNITED NATIONS New York, 2009 Note Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. Information on uniform resource locators and Internet sites contained in the present publication are provided for the convenience of the reader and are correct at the time of issue. The United Nations takes no responsibility for the continued accuracy of that information or for the content of any external website. UNITED NATIONS PUBLICATION Sales No. E.10.IV.1 ISBN 978-92-1-130289-9 Contents Introduction ............................................................................................. 1 I. The best interests of the child .......................................................... 5 A. Domestic acknowledgement of the principle of the best interests of the child ................................................................. 6 B. Domestic implementation of the principle of the best interests of the child ................................................................. 8 II. The right to be treated with dignity and compassion......................... 13 A. Domestic acknowledgement of the right to be treated with dignity and compassion ..................................................... 14 B. Domestic implementation of the right to be treated with dignity and compassion .................................................... -
Children's Rights
Children's Rights International Laws • Argentina • Australia • Brazil Canada • China • France • Germany • Greece • Iran Israel • Japan • Lebanon • Mexico • Nicaragua Russia • United Kingdom August 2007 LL File No. 2007-004112 LRA-D-PUB-000018 The Law Library of Congress, Global Legal Research Directorate (202) 707-5080 (phone) • (866) 550-0442 (fax) • [email protected] • http://www.law.gov This report is provided for reference purposes only. It does not constitute legal advice and does not represent the official opinion of the United States Government. The information provided reflects research undertaken as of the date of writing. It has not been updated. Children’s Rights – August 2007 The Law Library of Congress - i CHILDREN’S RIGHTS Table of Contents INTERNATIONAL LAWS AND PRACTICES Wendy Zeldin.............................................................. 1 COUNTRY REPORTS ARGENTINA Graciela Rodriguez-Ferrand............................................................................... 15 AUSTRALIA Lisa White............................................................................................................. 23 BRAZIL Eduardo Soares ............................................................................................................ 36 CANADA Stephen Clarke............................................................................................................ 51 CHINA Lan Zhang....................................................................................................................... 61 FRANCE Nicole Atwill............................................................................................................... -
Keeping Learners Safe the Role of Local Authorities, Governing Bodies and Proprietors of Independent Schools Under the Education Act 2002
Keeping learners safe The role of local authorities, governing bodies and proprietors of independent schools under the Education Act 2002 Guidance Guidance document no: 158/2015 Date of issue: January 2015 Keeping learners safe Audience Local authorities; headteachers and governing bodies of maintained schools; headteachers and governing bodies of voluntary aided and foundation schools; teachers in charge of pupil referral units; church diocesan authorities; proprietors of independent schools; principals of further education institutions; school staff unions; Governors Wales; Careers Wales; higher education authorities and Local Safeguarding Children Board Chairs. It should also be read by staff within those organisations that have a lead responsibility for safeguarding children. Overview This document contains guidance for local authorities and governing bodies on arrangements for safeguarding children under section 175 of the Education Act 2002. Action Employers and educational institutions engaged with the provision of required education services to children and young people should take the necessary action outlined in this guidance. There are legal obligations for employers and educational institutions in these areas and these are highlighted in the guidance. Further Enquiries about this document should be directed to: information Deborah Campbell Diverse Learners and Safeguarding Department for Education and Skills Welsh Government Cathays Park Cardiff CF10 3NQ Tel: 029 2082 5807 e-mail: [email protected] Additional -
Continuities of Risk in the Era of the Mental Capacity Act John Fanning*
Medical Law Review, Vol. 24, No. 3, pp. 415–433 doi:10.1093/medlaw/fww036 CONTINUITIES OF RISK IN THE ERA OF THE MENTAL CAPACITY ACT JOHN FANNING* School of Law and Social Justice, University of Liverpool, Liverpool, UK ABSTRACT When compared with the Mental Capacity Act (MCA) 2005, the Mental Health Act (MHA) 1983 seems an outlier. It authorises compulsory treatment of mental disorders on the basis of P’s risks. English law, therefore, discriminates between mental and physi- cal disorders. Following the UK’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD), the MHA probably also violates international law. Against this backdrop, one might expect that decisions contingent on risk are confined to the MHA and have no relevance elsewhere. This article argues that the opposite is true: risk-based decision-making has colonised MCA processes and plays a key role in determining the nature of P’s interaction with health services. These ‘continuities’ of risk are most notable in the Deprivation of Liberty Safeguards (DOLS), where assess- ments of risk are implicitly significant for best interests and eligibility determinations. Using governmentality theory as an explanatory model, this article claims that the DOLS can be reconstructed as part of a wider legal apparatus for the regulation of the risks of harm associated with mental disorders. The article also argues that the Law Commission’s recent proposals to introduce a new ‘protective care’ scheme and expand the remit of the MHA hint at a ‘rehabilitation’ of risk as an integral component of mental health and capacity law. -
Working Together to Safeguard Children 2018
Working Together to Safeguard Children A guide to inter-agency working to safeguard and promote the welfare of children July 2018 Contents Contents 2 Introduction 6 About this guidance 7 What is the status of this guidance? 7 Who is this guidance for? 9 A child centred approach to safeguarding 9 A co-ordinated approach – safeguarding is everyone’s responsibility 11 Chapter 1: Assessing need and providing help 13 Early help 13 Identifying children and families who would benefit from early help 13 Effective assessment of the need for early help 15 Provision of effective early help services 16 Accessing help and services 16 Referral 17 Information sharing 18 Statutory requirements for children in need 22 Homelessness Duty 23 Assessment of disabled children and their carers 24 Assessment of young carers 24 Assessment of children in secure youth establishments 24 Assessment of risk outside the home 25 Purpose of assessment 26 Local protocols for assessment 26 The principles and parameters of a good assessment 27 Assessment Framework 30 Focusing on the needs and views of the child 30 Developing a clear analysis 31 Focusing on outcomes 32 Timeliness 33 2 Processes for managing individual cases 34 Flow chart 1: Action taken when a child is referred to local authority children’s social care services 35 Flow chart 2: Immediate protection 37 Assessment of a child under the Children Act 1989 38 Flow chart 3: Action taken for an assessment of a child under the Children Act 1989 40 Strategy discussion 41 Flow chart 4: Action following a strategy discussion -
Making Decisions a Guide for People Who Work in Health and Social Care
OPG603 Making decisions A guide for people who work in health and social care The Mental Capacity Act A guide for people who work in health and social care Making decisions A guide for people who work in health and social care Helping people who are unable to make some decisions for themselves This booklet provides introductory information on the Mental Capacity Act 2005 and how it will affect the way you work. It is not a statutory Code of Practice issued under the Mental Capacity Act 2005 and is not a guide to how the law will apply to specific situations. 1 A guide for people who work in health and social care A guide for people who work in health and social care This document has been produced by: In association with the National Care Association: 2 3 A guide for people who work in health and social care A guide for people who work in health and social care Acknowledgements The Mental Capacity Implementation Programme (MCIP) published this booklet. MCIP is a joint government programme between the Ministry of Justice, the Department of Health, the Office of the Public Guardian and the Welsh Assembly Government that was established to implement the organisation, processes and procedures to launch the Mental Capacity Act. We are very grateful to Sheila Scott, Chief Executive of the National Care Association, who wrote this booklet assisted by Zoe Sampson, Ruth Scott and Viv Shepherd. They were supported by Nadra Ahmed and Dick Barton and three focus groups. We are also very grateful to our Advisory Group which was made up of organisations who work with or represent people who work in health and social care. -
Restricting Movement Or Depriving Liberty? Restricting Movement Or Depriving Liberty? Neil Allen1
Restricting Movement or Depriving Liberty? Restricting Movement or Depriving Liberty? Neil Allen1 “It is of course helpful to know that the question is one of degree and the matters which should be taken into account in answering it. But one also needs to be told what the question is. What is the criterion for deciding whether someone has been deprived of liberty or not?”2 This judicial appeal for clarity exposes a jurisprudential problem which threatens one of our most fundamental human values; the right to liberty. For no-one really knows what it means to be “deprived” of one’s “liberty”. The extremities are straightforward. Prisoners are deprived; picnickers are not. But liberty deprivations may “take numerous other forms [whose] variety is being increased by developments in legal standards and in attitudes”.3 Technology, too, has played its part in such developments by introducing novel ways of restricting movement beyond the paradigmatic lock and key. The more expansive those other forms, however, the greater the risk of legal uncertainty. The challenge in this paper is one of interpretation. Article 5 of the European Convention on Human Rights 1950 protects the “liberty and security of person” which is said to have a “Council of Europe-wide meaning”.4 But how should this autonomous concept be transposed into English law? Adopting Berlin’s classic dichotomy,5 does liberty relate to the absence of external barriers or constraints, where we enjoy it to the extent that no-one is preventing us from doing whatever we might want to do (negative liberty)? Or does it concern the presence of internal factors, where we enjoy liberty to the extent that we are able to take control of our lives and self-determine in our own interests (positive liberty)?6 These complex philosophical perspectives cannot be ignored and are, to varying degrees, protected by other Convention articles.7 But article 5 is not concerned with such broad notions of liberty because it contemplates liberty in its classic sense. -
00 MENTAL HEALTH 2012 Edn 00-291.Qxd 22/12/11 14:21 Page 1
00 MENTAL HEALTH 2012 edn 00-291.qxd 22/12/11 14:21 Page 1 Chapter 1 Background to the Mental Health Act 2007 Introduction The Mental Health Act, as passed in 2007 and largely implemented in 2008, is the result of ten years of debate. Many will see the Act as a disappointing conclusion to such a lengthy period of discussion and analysis. It is essentially an amendment Act which reforms the existing Mental Health Act 1983. In its final version the Act is not a particularly radical reform and it preserves most of the existing law. The UK Government’s initial plans were more radical but they met significant resistance as we shall see in this chapter. We will also look at the main changes in summary form. The structure of this book This book is essentially concerned with the Mental Health Act 1983 as revised by the 2007 amendments and as it operates in England and Wales. There are some differences between the two countries in terms of the Act but more significantly with the various rules, regulations and Codes of Practice. We try to highlight the differences where they are significant. The text of the Act itself is included within this book but occasionally readers may need to access the internet or seek other source materials for particular references (such as the Reference Guide). The book contains some material on the Mental Capacity Act because of its relevance to mental health law. The aim is to simplify the law as far as possible to make it accessible to professionals and to those affected by the law. -
The Mental Capacity Act Call to Action: Online Development of Critical
The Mental Capacity Act Call to Action: Online Development of Critical Rights Based Social Work Elaine James, Mark Harvey, Rob Mitchell Elaine James, Head of Adult Social Care Strategy & Policy Bradford Council. Elaine is an Honorary Researcher at Lancaster University and a member of the Centre for Disability Research. Elaine is a member of the Chief Social Worker for Adults Social Work Research and Evidence Group. Mark Harvey Principal Social Worker, Health & Community Services, Comnet 54353, AP2107 Ground Floor, Apsley One, Brindley Way, Hemel Hempstead, Hertfordshire, HP3 PBF. [email protected] Rob Mitchell Principal Social Worker Adults, Health & Social Care Calderdale Council, 1 Park Road, Halifax, HX1 2TU. [email protected] Rob Mitchell and Mark Harvey are Co-Chairs of the National Adult Principal Social Worker Network. Rob is an Ambassador of the British Association of Social Workers. Correspondence to [email protected] Word Council 5331 The Mental Capacity Act Call to Action: Online Development of Critical Rights Based Social Work Abstract This paper outlines the approach taken and findings from a national social work practice development event, the MCA Call to Action. In March 2016, the adult social work Principal Social Worker Network ran the first Call to Action in support of the Ministry of Justice Mental Capacity Action Day. The MCA Call to Action was conceived and designed as a critical and creative way to conduct practice-led research into the integration into social work values of the statutory principles within the MCA 2005. The approach made use of the open social media platform, twitter.