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Legal

Understanding the Children Act 1989


Sections of the Children’s Act 1989:


S47 – a Child Protection Enquiry – investigation needed as reasonable cause to suspect a child is suffering or is likely to suffer significant harm.


S17 – Child in Need – CSC have a duty to safeguard and promote the welfare of children in need. This can be used to assist homeless children.


S20 – children are voluntarily accommodated with parent’s permission (no court order) LA share PR with parents but parents have the greater share (51%)


Under Section 20 Children Act 1989, where the short breaks (for children with disabilities) exceed a total of 17 days per placement/75 days per 12-month period and/or take place in more than one setting, the child is Looked After and an IRO must be appointed and a Care Plan drawn up.


S31 – Full care order – the court creates the order and places the child in local authority care. PR still shared but LA has the greater share (51%)


CO – An order placing a child in the care of the Local Authority


ICO – Interim Care Order – this is used to place children under the care of the LA temporarily while care proceedings are ongoing. The LA has PR for the child


EPO – Emergency Protection Order – an order issued in an emergency situation to protect a child from ongoing or imminent risk of significant harm


S25 – this sets out the welfare criteria which must be met before a CiC can be placed in secure accommodation