Should the courts become involved, they will always
consider:
- The wishes and feelings of the child concerned -
considered in the light of his/her age and
understanding
-
The child's physical, emotional and
educational needs
-
The likely effect on the child of
any change in circumstances
-
The age, sex, background of the
child and any characteristics of the child which the court
considers relevant (paying particular attention to the racial,
cultural, religious and linguistic background of the child) Any
harm the child has suffered or is at risk of suffering
-
How capable each of the child's
parents are of meeting the child's needs (or any other person in
relation to whom the court considers this question
relevant)
-
The range of powers available to the
court under the Children Act in the proceedings in
question
There are many kinds of care orders that may be made and a brief
outline of these follows below:
Emergency Protection Order (EPO)
If the court thinks it would be dangerous for a
child to live at home, or thinks someone else should leave the
child's home, then it can make an EPO. This sort of order usually
lasts for eight days and will never last more than 15 days. A child
might have to leave home for a short while (but never longer than
15 days, unless the court decides that a care order is necessary).
If a child does have to leave home, family and friends can still
visit them if the child requests this.
Care Orders
The court might make a care order if it thinks it is
not safe for a child to live at home. It will give the Local
Authority the same responsibilities as a parent and decisions can
be taken as to where the child may live.
Supervision Orders
This order means that a child can still remain at
home, but a social worker would be in regular contact with them.
There may be directions attached to the order that ask parents or
carers to do something specific, e.g. ensure the child attends a
certain group or keeps medical appointments.
Section 8 Orders
a. A "contact order" - an order requiring a person
with whom a child lives, or is to live, to allow the child to visit
or stay with the person named in the order, or for that person and
the child to have indirect contact with each other, or prohibiting
contact with the person named in the order.
b. A "prohibited steps order" - an order that
no step which could be taken by a parent in meeting his/her
parental responsibility for a child, and which is of a kind
specified in the order, shall be taken by any person without the
consent of the court.
c. A "residence order" - an order setting the
arrangements to be made as to the person with whom a child is to
live.
d. A "specific issue order" - an order giving
directions for the purpose of determining a specific question which
has arisen, or which may arise, in connection with any aspect of
parental responsibility for a child.
Child Assessment Orders
A Child Assessment Order may be made as part of a
child protection investigation. It means the court thinks that
there may be medical evidence that a child may have been hurt or
abused. Medical evidence means facts that show that a child has
been hurt on purpose or in ways that wouldn't usually happen to
them.
Under this type of order a child does not have to leave home if
they do not wish to, however, if they do leave home it will usually
be only for a few days, and they can still see their family and
friends if they want to. |