儿童保育与保护
儿童保护法律框架、保育程序和保护义务。
简介
儿童保护立法规定保护儿童免受虐待和忽视的义务。
核心原则
Welfare Principle — The child's welfare is the court's paramount consideration in any decision about their upbringing (s.1 CA 1989).
No Order Principle — The court should not make an order unless it would be better for the child than making no order (s.1(5)).
Parental Responsibility — Rights, duties, powers, and responsibilities a parent has in law in relation to a child. Mothers have automatic PR; fathers acquire it through marriage, registration, agreement, or court order.
Significant Harm — The threshold for care proceedings: the child is suffering or likely to suffer significant harm attributable to the care given or the child being beyond parental control (s.31(2)).
Section 47 Investigations — Local authorities must investigate where they have reasonable cause to suspect a child is suffering or likely to suffer significant harm.
Care and Supervision Orders — Courts can place a child in local authority care (care order) or under supervision (supervision order) if threshold criteria met.
Child Arrangements Orders — Regulate with whom a child lives and spends time (replaced residence and contact orders).
Safeguarding Duties — Local Safeguarding Children Partnerships coordinate safeguarding across agencies (Children Act 2004, as amended).
关键法规
Children Act 1989
Children Act 2004
Adoption and Children Act 2002
重要判例
Re B (Children)
[2008] UKHL 35
Re H (Minors)
[1996] AC 563
常见情景
Concern about a child's safety
Report to children's social services or police. Under s.47, the local authority must investigate. Emergency protection orders (s.44) or police protection powers (s.46) can remove a child from immediate danger.
Dispute over where a child lives after separation
Apply to court for a child arrangements order. The court applies the welfare principle and the welfare checklist (s.1(3)). Mediation should be attempted first.