4.9 Legal Framework

Children Act 1989
Parental Responsibility
Medical Consent
Family Support and Prevention
Children in Need (Section 17, Children Act 1989)
City of London’s Duty to Investigate (Section 47, Children Act 1989)
Duties of other Agencies and Persons to Co-operate
Emergency Protection Orders
Powers of Entry to Save Life or Limb
Police Protection
Judicial Case Management of Children Act Cases
Recovery Orders
Child Assessment Orders
Care Orders
Provision of Accommodation for Children
Review of Cases
Supervision Orders
Special Guardianship Orders
Wards of Court
Interim Orders
Section 8 Orders
Exclusion Orders
Other Legislation
Child Curfew Orders
Criminal Proceedings
Interviewing Child Witnesses

1. Children Act 1989

General principles of the Children Act

Section 1 of the Children Act 1989 sets out a number of principles which any Court shall have regard to when determining whether or not to make an Order.

Paramountcy - When a Court determines any question with respect to the upbringing of a child, the child’s welfare shall be the Court’s paramount consideration [Section 1(1)].
Delay - In all proceedings, there is a presumption that any delay in reaching a decision is prejudicial to the child’s welfare [Section 1(2)].
No Order Principle - The Court shall not make an Order unless it considers that doing so would be better for the child than making no Order at all. In other words, the Court will have to look at all the practical alternatives — including making no Order — in addition to the purpose that any Order would serve - before making an Order [Section 1 (5)].
Welfare Checklist - In addition, section 1(3) sets out the welfare checklist which has to be considered before making any Orders other than emergency orders.

Section 3 of the Children Act 1989 introduces the new concept of parental responsibility, and requires a local authority which has obtained an Order giving it parental responsibility (i.e. an Emergency Protection, Interim Care Order or Care Order) to share parental responsibility with the child’s parents, restricting the parents’ exercise of their responsibility only to the extent required to safeguard or promote the child’s welfare.

The Act emphasises that the primary responsibility for looking after children rests with families and the City Corporation’s role is to help parents fulfil this responsibility, even if it has been restricted by a Court Order. Under these circumstances, local authorities are required to do all that is reasonable to keep parents informed, keep them involved in decision-making and promote contact with their children.

The Act tries to find a proper balance between the need to promote the welfare of the child, and the need to respect the rights of families. This is seen particularly in the various legal safeguards which families have, especially when Court Orders are being made. This balance is reflected in the provisions of the Human Rights Act 1998.

2. Parental Responsibility

The meaning of Parental Responsibility

Section 3 of the Children Act defines and outlines the scope of the duties and authority in “parental responsibility”; doing so by reference to:

“...All the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child...”

The exercise of parental responsibility is left largely to the discretion of the adults involved, subject to two limitations. Firstly, the criminal law imposes minimum standards of care and the civil law provides remedies for the protection of children’s welfare. Secondly, parental responsibility itself diminishes as children acquire sufficient understanding to make their own decisions.

A person other than a parent can acquire parental responsibility through a Court Order, for example a Residence Order or a Special Guardianship Order. The City Corporation can acquire parental responsibility through an Emergency Protection Order, Interim Care Order or Full Care Order. The exercise by natural parents of their parental responsibility will be limited by such Court Orders. A person with parental responsibility is not entitled to act incompatibly with a Court Order. Parents, however, do not lose their parental responsibility unless an Adoption Order is made.

Who may have Parental Responsibility?

In relation to married parents, all mothers and fathers automatically have parental responsibility. In relation to unmarried parents, mothers automatically have parental responsibility.
The position in relation to unmarried fathers changed on 1 December 2003. Up to then, if the father was not married to the mother, he could only acquire Parental Responsibility by a formal agreement with the mother in a prescribed form or by a Court Order. However the change is that an unmarried father acquires Parental Responsibility if he registers the birth jointly with the mother, and the registration takes place on or after 1 December 2003. This is not retrospective and therefore an unmarried father whose name appears on the birth certificate where registration took place before 1 December 2003 does not have Parental Responsibility.
Other persons have parental responsibility if Orders have been made granting custody or care or control of a child to them prior to the Children Act 1989 or if they have been appointed guardians on the death of the parents or if they have been granted parental responsibility through an Order made under the Children Act 1989. Parental responsibility will last as long as the Orders remain in existence.
Under the Children Act 1989, parental responsibility will be acquired through a Residence Order, Special Guardianship Order, Parental Responsibility Order (to an unmarried father or stepfather), Care Order, Interim Care Order or Emergency Protection Order.
On the death of all those with parental responsibility a person appointed as guardian of the child either by a Court or in a will, acquires parental responsibility.
Step-parents and civil partners may now obtain parental responsibility by court order or agreement for their partner's children.
Prospective adopters also acquire parental responsibility upon the placement of a child with them under a Placement Order or where parental consent to the adoptive placement has been formally given and witnessed; however, this is shared with the birth parents and the City Corporation until an Adoption Order is made and the extent to which they may exercise their parental responsibility prior to an Adoption Order being made can be determined by the City Corporation and is best done in the form of a written agreement.
The birth parent no longer has parental responsibility after the child is adopted.

Implementation

Section 2(6) of the Children Act 1989 provides that any person with parental responsibility does not cease to have that responsibility solely because some other person (e.g. a local authority) subsequently acquires it. The implications of this are great.

For example:

The City Corporation has a duty to ascertain and consider the wishes and feelings of those with parental responsibility before making any decision with respect to any child it is “looking after” [Section 22(4)].
Note: Looked after children are all children who are provided with any form of accommodation (whether on a voluntary or statutory basis) by the City Corporation for 24 hours or more.
When conducting any review on a looked after child, the City Corporation must seek the views of any person with parental responsibility in relation to any particular matter which is being considered [Section 26(1)]. (This does not apply where the child is placed for adoption when the City Corporation’s duty is to consult the prospective adopters).
When providing voluntary accommodation in agreement with parents, the City Corporation must ensure that it identifies those with parental responsibility for children so accommodated, so that it can be clear about who has the right to remove and provide or arrange alternative accommodation elsewhere [Section 20(7)].

The City Corporation has a duty to promote contact between looked after children and anyone with parental responsibility. Where a child is subject to an Emergency Protection Order, Interim Care Order or Care Order, they can only refuse or end such contact with the Court’s authority.

Apart from the duties above which relate to accommodated or looked after children, the City Corporation will have to consider the implications of who has parental responsibility in regard to children about whom they are considering that accommodation or “care” might be appropriate, e.g.:

When considering whether or not to provide accommodation under Section 20, the City Corporation must ensure no other person with parental responsibility is in a position to help or provide an alternative.
The City Corporation must properly consider (and prove to the Court that it has done so) all the alternatives before applying for an Emergency Protection Order or Care Order, if that ever becomes necessary.

3. Medical Consent

Where a child is of sufficient understanding, medical treatment may only be given with his consent (except in medical emergencies). It is for the doctor to decide whether a child is capable of giving consent. Children aged 16 years and over can give their own consent. Where a child is not of sufficient understanding, the consent of a parent or any person with parental responsibility is required. This would include the City Corporation when the child is subject to an interim or full care order, or an emergency protection order.

Children who are capable of giving consent cannot be medically examined or assessed without their consent when they are subject to:

A Child Assessment Order (Section 43)
Emergency Protection Order (Section 44)
Interim Care or Supervision Order (Section 38)
A full Supervision Order (Schedule 3 paragraphs 4(4)(a) and 5(5)(a)

If there is a dispute in other circumstances in which a child refuses to consent, the matter should be put to a court to resolve.

4. Family Support and Prevention

Section 17 of the Children Act 1989 gives local authorities a general duty to safeguard and promote the welfare of children in need (see definition below) and to promote the upbringing of such children by their families, so far as this is consistent with their welfare duty to the child, by providing an appropriate range and level of services, including the provision of accommodation and the convening of Family Group Conferences. Partnership with parents, consultation with children, involving extended families and careful joint planning and agreement are the guiding principles for the provision of services to children and their families within the family home or where children live elsewhere under voluntary and statutory arrangements.
Local authorities are under a duty under the Children Act 1989 to take reasonable steps, through the provision of services for the child and his family, to prevent children within their area suffering neglect or ill treatment. Further, if a child believed to be likely to suffer harm who has lived in a local authority’s area proposes to move to another local authority area, the first local authority must inform the other local authority of the harm the child is likely to suffer and, if possible, where the child proposes to live.
Under Schedule 2 paragraph 5 of the Children Act 1989, a local authority may provide accommodation for a person who voluntarily leaves premises where a child is suffering or likely to suffer ill-treatment from him or her. This provision may assist in making arrangements to safeguard a child without having to disrupt the child’s living arrangements.
In a case where a child is suffering or likely to suffer significant harm and alternative arrangements need to be made for the child’s care, the local authority have a discretion to decide whether the provision of accommodation for the child by agreement with the parents under Section 20 of the Children Act 1989 is sufficient to safeguard the welfare of the child, or whether an application for a Care or Supervision Order is necessary. The term ‘Accommodated Child’ refers to a child for whom the local authority has provided accommodation under section 20. Work with parents to achieve an initial agreement regarding accommodation of the child by the local authority will usually ensure that the ongoing plan for the child can be operated in partnership with the parents. However, where, for example, a parent is unwilling to co-operate at the outset, or becomes uncooperative or inconsistent in attitude or commitment to the child, the nature of the arrangement should be reassessed, and the need for care proceedings or even emergency protective action should always be considered.

5. Children in Need (Section 17, Children Act 1989)

Under Section 17 [10] of the Children Act 1989, a child is in “need” 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 a local authority;
His health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
He is disabled.

6. City of London's Duty to Investigate (Section 47, Children Act 1989)

The City Corporation is under a duty to investigate in the following circumstances:

When a Court in family proceedings directs that the City Corporation, in its function as a a local authority, investigate a child’s circumstances [Section 37(1)]
Where the City Corporation is informed that a child who lives, or is found, in its area is the subject of an Emergency Protection Order (granted to a person other than the City Corporation) or is in Police protection [Section 47(1) (a)] or has contravened a ban imposed by a curfew notice made under the Crime and Disorder Act 1998. [Under that Act, there is provision for local curfew schemes which allow local authorities to ban children of specified ages (under 10) from being in a public place during specified hours.]

Where a child has been taken into Police Protection, the City Corporation’s enquiries have to consider whether it would be in the child’s best interests for the local authority to ask for an application to be made by the Police for an Emergency Protection Order [Sections 46(7) and 47(3)(c)].
Where City Corporation is informed, or has cause to suspect, that a child living in their area has suffered significant harm or is likely to suffer such harm [Section 47(1) (b)].

In such circumstances, the City Corporation’s duty is to take such steps as are reasonably practicable (unless they are satisfied that they already have sufficient information about the child) to obtain access to the child or to ensure that access to him or her is obtained on their behalf by a person authorised by them for this purpose. These enquiries must be made with a view to enabling the City Corporation to determine what action, if any, to take with respect to the child [Section 47(4)].

Also, where the City Corporation has obtained an Emergency Protection Order under Section 44 with respect to a child, it must make (or cause to be made) such enquiries as they consider necessary to enable them to decide what action they should take to safeguard or promote the child’s welfare [Section 47(2)].

These enquiries must be directed particularly towards establishing whether the City Corporation should make an application to the Court or exercise any of their other powers under the Children Act with respect to the child [Section 47(3) (a)].

7. Duties of other Agencies and Persons to Co-operate

Where the City Corporation conducts Section 47 Enquiries, it shall be the duty of other agencies listed below to assist them in those enquiries if called upon by the City Corporation to do so.

The agencies concerned are:

Any local authority
Any local education authority
Any local housing authority
Any health authority
Other persons authorised by the Secretary of State for the purposes of this Section

8. Emergency Protection Orders

In an emergency, the City Corporation, the NSPCC, a Police Officer or any other person can apply (under Section 44 of the Children Act 1989) for an Emergency Protection Order. In practice, local authorities will make most applications. The Order will enable a child to be removed to other accommodation or to remain in a place where he is being accommodated (e.g. a hospital or foster placement). The Order may authorise the applicant to enter specified premises and to search for the child in respect of whom the Order is made or for another child if the Court has reasonable cause to believe that he may be on the premises (Section 48).

The Court may also issue a warrant authorising a Police Constable to assist the applicant, using reasonable force if necessary [Section 48(9)]. Under Section 48(11), a Court may direct that a registered medical practitioner, registered nurse or registered health visitor, may accompany a Constable if he/ she so chooses.

Where speed is essential to protect a child and a warrant would take too long to obtain, the Police can enter premises without a warrant to save life or limb under Section 17 (1)(e) of the Police and Criminal Evidence Act 1984.

The conditions for granting an Emergency Protection Order are that the Court is satisfied that there is reasonable cause to believe the child is likely to suffer significant harm if he is not removed from, or does not remain at, a place or where a Section 47 Enquiry is being conducted and those enquiries are being frustrated by the unreasonable refusal of access to the child requested as a matter of emergency. If the Order is granted, the applicant should only remove the child if this is necessary to safeguard his welfare, and must return the child when the applicant considers it is safe to do so.

The Court may attach directions to the Order regarding assessment of the child and contact with parents or others.

An Emergency Protection Order lasts for a maximum period of eight days. The Court may, exceptionally, extend it for a further period of up to seven days if an application to extend is made and there is reasonable cause to believe that the child is likely to suffer significant harm if the Order is not extended. There is no appeal against the making of or refusal to make an Emergency Protection Order. However, after 72 hours from the granting of an Order the child, his parents, any other person who has parental responsibility for him, or any person with whom he was living immediately before the Order was made, may apply to the Court for its discharge.

Where the Court is satisfied that an Emergency Protection Order should be granted the Court may also include an exclusion requirement in the Order – see section on Exclusion Orders above.

Throughout the period of any Emergency Protection Order, parents should, as far as possible, be involved in discussion and planning for the child and at the very least should be kept fully aware of what action is being taken.

9. Power of Entry to Save Life or Limb

A Police Constable may enter and search any premises, without the need for a warrant, for the purposes of saving life or limb (Police and Criminal Evidence Act 1984, Section 17).

This is a general power and may be used to gain access to premises in which a child is in serious danger.

10. Police Protection

Where a Police Constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, s/he may remove the child (under Section 46) to suitable accommodation, e.g. a relative’s home, a hospital, a Police Station, a residential children’s home or other suitable place, and keep him there or take reasonable steps to prevent the child’s removal from any hospital or other place in which he is being accommodated. No child may be kept in Police Protection for more than 72 hours. As soon as possible, the Police should inform the local authority within whose area the child was found, the child (if he appears capable of understanding), his parents, any other person who has parental responsibility for him or any person with whom he was living immediately before his removal, of the steps that have been, and are proposed to be, taken in respect of the child and the reasons for taking them.

Whilst a child is being kept in Police Protection, the Police do not have parental responsibility for the child but should do what is reasonable to promote the child’s welfare. This includes allowing such contact with the child as, in the opinion of the Police, is both reasonable and in the child’s best interest.

On completing their enquiries the Police must release the child from Police Protection unless they consider that there is reasonable cause for believing the child would be likely to suffer significant harm if released. Under such circumstances, the Police should discuss the matter with the City Corporation with a view to applying for an Emergency Protection Order.

It is accepted that Police Protection will only be utilised by the Police in exceptional circumstances and as a last resort. For example, it would be appropriate where it is necessary for the Police to use their emergency powers to protect a child from immediate danger i.e. where the urgency is so great that the child’s safety would be compromised by the delay involved in an application for an Emergency Protection Order.

Under normal circumstances, any removal or other action required to protect a child, whether on a voluntary or compulsory basis, will be achieved by the City Corporation Family and Young People’s Service.

11. Judicial Case Management of Children Act Cases

Since November 2003, the Protocol for Judicial Case Management in Public Law Children Act cases has operated. The objective of the Protocol is to minimise delay in completing Children Act cases involving local authorities (referred to as Public Law cases), so that, other than in exceptional or unforeseen circumstances, every Public Law case should be finally determined within a maximum of 40 weeks of the application being issued. This is to be achieved through the cooperation of all the parties and the strict timetabling of the various stages in the case, in accordance with the standardised procedures set out in the Protocol. The Court will have an active case management role through a specialist judiciary.

12. Recovery Orders

A Court may make a Recovery Order in respect of a child who is in care, or is the subject of an Emergency Protection Order, Care Order or Interim Care Order or in Police Protection (under Section 46), if there is reason to believe that he or she has been unlawfully taken away from the “responsible person”, has run away or is staying away from the “responsible person” or is missing. A “responsible person” is any person who has care of the child by virtue of a Care Order, Emergency Protection Order or following Police removal.

The Order operates as a direction to produce the child or disclose his or her whereabouts, and authorises a Constable to enter specified premises and search for the child using reasonable force if necessary.

13. Child Assessment Orders

On the application of the City Corporation or an authorised person (e.g. the NSPCC), the Court may make a Child Assessment Order if it is satisfied that an assessment of the state of the child’s health or development, or the way in which he has been treated, is required to determine whether or not he is suffering, or is likely to suffer, significant harm. The Court may make an Emergency Protection Order instead of a Child Assessment Order, if it is satisfied that there are grounds for doing so.

This is not an Order to deal with emergency situations and the applicant for a Child Assessment Order must ensure that prior notice of the application is given to the child, his parents, any other person who has parental responsibility for him or with whom he is living or being cared for by and a person in whose favour an Order relating to contact is in force in respect of the child. The plan placed before the Court when an application is made should have been considered at a Child Protection Conference.

Child Assessment Orders, which, unlike Emergency Protection Orders, may be appealed against, must specify the date on which the assessment is to begin and will have effect for a maximum of seven days from that date. They do not authorise an assessment which the child refuses to undergo (provided he is of sufficient understanding to make an informed decision). If, exceptionally, the child is to be kept away from home during an assessment, the Order may contain directions as to the contact which is to be allowed with other people.

A Child Assessment Order may specify the person to whom the child is to be produced by any person who is in a position to do so.

14. Care Orders

A Care Order is an Order made by the Court following care proceedings under section 31 of the Children Act 1989.

A Court can only make a Care Order if it is satisfied that the child concerned is suffering or is likely to suffer significant harm attributable to the care being given to the child, or likely to be given to him if the Order were not made, not being what it would be reasonable to expect a parent to give or the child being beyond parental control. This test is referred to as “the threshold criteria”

An Interim Care Order can be made at any stage in the proceedings if the court is satisfied that reasonable grounds exist for believing that the above criteria are satisfied. The duration is for up to 8 weeks of the first occasion and after that, for periods of up to 28 days. There is no limit to the number of the interim care orders that can be made.

Under a Care Order or an Interim Care Order the local authority specified in the order acquires parental responsibility for the child, to be shared with the parents and any others who retain parental responsibility, for example Special Guardians.

All children who are the subject of Care Orders have to have a Care Plan. When making a Care Order, the Court has to approve the Care Plan for the child.

A Care Order lasts until the child is 18 years old unless discharged earlier.

15. Provision of Accommodation for Children

Children Act, Section 20 places a duty on all local authorities to provide accommodation for any child in need within their area who appears to them to require accommodation s a result of

There being no person who has parental responsibility for him
His being lost or abandoned
The person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care

A child who is accommodated becomes ‘looked after’ by the City Corporation, in its capacity as a local authority.

16. Review of Cases

Children Act 1989, Section 26 and the Review of Children’s Cases Regulations 1991 require local authorities to review the cases of children who are looked after at specified intervals. The reviews from part of the continual planning process for children looked after. The reviews are chaired by an Independent Reviewing Office and involve the child, parent, carer and social worker. Other agencies should be consulted as part of the process.

17. Supervision Orders

A Supervision Order is an order made by the Court under section 31 of the Children Act 1989. The Court can only make a supervision order if it is satisfied that the threshold criteria are met (see section on Care Orders above).

Under a Supervision Order, the local authority specified in the order has a duty to advise, assist and befriend the child and the family.

A Supervision Order does not confer parental responsibility on the local authority.

A Supervision Order can be made for up to one year and can be extended for a total of up to 3 years by a Court.

An Interim Supervision Order can be made for up to eight weeks on the first occasion and after that, for periods of up to 28 days. There is no limit to the number of interim supervision orders that can be made.

18. Special Guardianship Orders

A Special Guardianship Order is an order made by the Court under section the Children Act 1989, as amended by the Adoption and Children Act 2002. The Order has only become available since 30 December 2005 and offers a new option to provide permanence for children who are unable to live with their parents but for whom adoption is not the right option, for example because of their age and existing attachment to their birth parents. It may therefore be appropriate where a child lives with relatives or friends of the family or with foster carers who wish to offer a permanent home to the child.

A person in whose favour a Special Guardianship Order is made will become the child’s Special Guardian and acquire parental responsibility for the child, which he or she can exercise on day to day matters exclusively and without the need to consult the parents on every issue.

Parents must still be consulted however about the child’s adoption, change of name and removal from the country for more than 3 months.

A Special Guardianship Order will last until a child is 18 years old. It will not automatically be discharged on the making of a Care Order, although the exercise of parental responsibility will be restricted as a result.

19. Wards of Court

A child who is a ward of court is under the jurisdiction of the High Court. No important decision can be taken regarding such a child without the High Court’s consent. This includes medical assessments and interviews.

20. Interim Orders

An interim Order can be made by a court when an application for a Care or Supervision Order is adjourned or where the court has given directions to investigate. The court has the power to make decisions about medical or psychiatric assessment or examination of a child.

21. Section 8 Orders

Contact Orders

A Contact Order is an Order made by the Court, usually under section 8 of the Children Act 1989 requiring the person with whom a child lives to allow the child to have contact with the person named in the order.

A Contact Order can be made in relation to a child who is the subject of a Care Order (under section 34 of the Children Act 1989) or in relation to a child who is the subject of a Placement Order (under section 26 of the Adoption and Children Act 2002.

Residence Orders

A Residence Order is an order made by the Court under section 8 of the Children Act 1989 which specifies with whom a child should live.

A person in whose favour a Residence Order is made will acquire parental responsibility for the child.

A Residence Order will normally last until a child is 16 years old although the Court may direct that the Order last until the child is 18, for example where the child is disabled, or where the child was previously looked after by the local authority and his or her foster carers have applied for the Order with a view to providing permanent care for him or her.

A Residence Order will automatically be discharged on the making of a Care Order.

A Residence Order cannot be applied for by or made in favour of a local authority.

Prohibited Steps Order

A Prohibited Steps Order is an Order made by the Court under section 8 of the Children Act 1989.

The Order specifies action that cannot be taken by a person in relation to a child without the consent of the Court.

Specific Issues Order

A Specific Issues Order is an order made by the Court under section 8 of the Children Act 1989.

The Order gives direction for the purposes of determining a specific question which has arisen in relation to the exercise of parental responsibility for a child, for example, where or how a child should be educated

22. Exclusion Orders

There is a range of powers available under the Family Law Act 1996 which may allow a perpetrator to be removed from the home, instead of having to remove the child. For the Court to include an exclusion requirement in an Order, it must be satisfied that:

There is reasonable cause to believe that if the person is excluded from the home in which the child lives, the child will cease to suffer or cease to be likely to suffer significant harm; and
Another person living in the home is able and willing to give the child the care which it would be reasonable to expect a parent to give, and consents to the exclusion requirement

23. Other Legislation

The Police and Criminal Evidence Act (PACE) 1984 sets out the main powers of the police to investigate criminal offences. It also makes provision for the protection of suspect’s rights. The Act covers such areas as police powers to stop, search, arrest and detain. The five statutory codes give more detailed provision which deals with the detention, treatment and questioning of persons in police custody, including guidance on the treatment of juvenile offenders.

Sexual Offences Act 2003 brings together the sexual offences that can be prosecuted through the criminal justice system. It includes measures that clarify issues surrounding consent in rape and sexual assault cases, gives children protection against sexual abuse, provides a specific set of offences to protect persons with a mental disorder, the commercial sexual exploitation of people for sexual purposes through prostitution and trafficking. Part 2 of the Act deals with notification requirements (register of sex offenders), which gives police the power to monitor convicted sex offenders in their area.

Protection of Children Act 1999 requires all regulated child care organisations to refer names of individuals considered unsuitable to work with children to the Department for Education.

The Act requires regulated childcare organisations to check he names of anyone they propose to employ in posts involving regular contact with children against the list of individual kept by the Department for Education. They should not employ anyone whose name is on the list.

A person has the right to register objections against a proposal to include their name on the lists and will have the right of appeal to an independent tribunal.

24. Child Curfew Orders

Under the Crime and Disorder Act 1998, there is provision for local curfew schemes which allow local authorities make Child Curfew Orders to ban children of specified ages (under 10) from being in a public place during specified hours.

25. Criminal Proceedings

Criminal proceedings can still be brought for a wide range of misconduct resulting in the abuse of a child. The offence of cruelty, ill-treatment or wilful neglect of a child under 16 is set out in Section 1 of the Children and Young Persons Act 1933. This offence includes failure to provide adequate food, clothing or medical attention. There are other more specific offences in the 1933 Act, such as allowing a child under 12 to be in a room with an unguarded heating appliance if this results in a serious injury to the child.

Offences against children are listed in Schedule 1 of the Children and Young Persons Act 1933.

A child under 10 is below the age of criminal responsibility.

26. Interviewing Child Witnesses

The Government publication, ‘Achieving Best Evidence in Criminal Proceedings’, gives guidance to those conducting video-recorded interviews with child witnesses where it is intended that the interview be used in court proceedings. Whilst the focus of the document is on criminal proceedings, it is practice to follow the Guidance in Joint Investigations Between the Police and Children and Young People’s Services, in order to avoid the unnecessary re-interviewing of a child.

The Guidance gives general advice on when, where and how to make a video recording which is intended to be used in criminal (and civil) proceedings, and sets out the legal conditions which must be satisfied before a court can accept a video recording of an interview with a child witness. It gives advice on preparation for, and conduct during, the interview and details the matters which need to be dealt with once the video recording has been made, including arrangements for the proper storage, custody and disposal of tapes.

Although it is not compulsory to adopt the Guidance, it should be applied, in the interest of good practice, in all cases. Non-compliance may result in the video interview being ruled inadmissible as evidence.

End