Law: Child Protection

Law: Child Protection


Legislation: Children Act 1989 s.31(9)
9. In this section –
“Harm” means ill-treatment or the impairment of health or development, including, for example,
impairment suffered from seeing or hearing the ill-treatment of another;
– “Development” means physical, intellectual, emotional, social or behavioural development;
– “Health” means physical or mental health; and
– “Ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.
Significant Harm
Legislation: Children Act 1989 s31(10)
10. Where the question of whether harm suffered by a child is significant turns on the child’s health or
development, his health or development shall be compared with that which could reasonably be expected of
a similar child.

***Re L [2007] 1 FLR 2050
The mother had severe learning difficulties, and was represented in the proceedings by the Official Solicitor.
The father had partial, not global learning difficulties, but his ability to function in every day life was affected.
He did not require a litigation friend, but he was unable to read the papers in the proceedings and was
unable to understand them unless they were explained to him. The local authority had provided the parents
with considerable assistance over a number of years through the Adult Learning Disability Team. The
Children and Families Team were first involved when the family reported a sexual assault on the elder child
by a man whom the father had allowed to stay in the family home notwithstanding that the father knew him
to be a Sch 1 offender. However, the family fully co-operated in the investigation, and the local authority did
not remove the two children, effectively closing the file the following year on the basis that the children
were now adequately protected. Fresh concerns developed because the mother had suffered significant
physical injuries on a number of occasions, attributed to domestic violence by the father. The authority
began a core assessment which was never completed because, following an allegation made by a pupil at the
children's school that the father had been seen whipping the children with a belt, the children were removed
from the family home under an emergency protection order. The children were placed with foster parents,
with whom they progressed well. At the hearing the judge held that, although it was unlikely that the
children had been whipped, the threshold criteria had been established, basing his conclusion on the
evidence and opinions of the expert witness. The Court of Appeal directed a retrial because of concerns
about the expert evidence (Re L (Care Proceedings: Significant Harm [2006] EWCA Civ 1282, [2007] 1 FLR
1068). At the retrial, the local authority sought care orders, relying upon the impact of alleged domestic
violence on the children, on the behaviour of the children and the general family dynamics during contact,
and on significant improvements experienced by the children at school since their removal. It was
acknowledged that both parents had had positive and loving relationships with the children, now aged 10
and 7.
Held: care application dismissed

– 1. The judgment would be given in public because the case raised real difficulties in the not
altogether uncommon circumstances in which parents had learning disabilities, and were in many
ways inadequate but not malicious and in which children were adversely affected by the experiences
that flowed from this. The current legal starting point was that children were best brought up within
natural families: it followed that society must be willing to tolerate very diverse standards of
parenting, including the eccentric, the barely adequate and the inconsistent, and that some children
would experience disadvantage and harm, while others would flourish in atmospheres of loving
security and emotional stability. It was not the provenance of the state to spare children all the
consequences of defective parenting; the compulsive powers of the state could only be exercised

Get 20% Discount on This Paper
Pages (550 words)
Approximate price: -

Try it now!

Get 20% Discount on This Paper

We'll send you the first draft for approval by at
Total price:

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

Do My Homework has assembled a team of highly skilled writers with diverse experience in the online writing circles. Our aim is to become a one stop shop for all your Academic/ online writing. Check out below our amazing service!


Essay Writing Services

At Do My Homework, we prioritize on all aspects that creates a good grade such as impeccable grammar, proper structure, zero-plagiarism, and conformance to guidelines. The principal purpose of essay writing is to present the author's evaluation concerning a singular subject about which they have made. Since Professionalism is the mother of every success, try our team of experienced writers in helping you complete your essays and other assignments.


Admission Papers

You have been trying to join that prestigious institution you long yearned for, but the hurdle of an admission essay has become a stumbling block. We have your back, with our proven team that has gained invaluable experience over time, your chance of joining that institution is now! Just let us work on that essay.How do you write an admission essay? How do you begin the essay? For answers, try Quality Custom Writers Now!


Editing and Proofreading

Regardless of whether you're pleased with your composing abilities, it's never an impractical notion to have a second eye go through your work. The best editing services leaves no mistake untouched. We recognize the stuff needed to polish up a writing; as a component of our editing and proofreading, we'll change and refine your write up to guarantee it's amazing, and blunder free. Our group of expert editors will examine your work, giving an impeccable touch of English while ensuring your punctuation and sentence structures are top-notch.


Technical papers

We pride ourselves in having a team of clinical writers. The stringent and rigorous vetting process ensures that only the best persons for job. We hire qualified PhD and MA writers only. We equally offer our team of writers bonuses and incentives to motivate their working spirit in terms of delivering original, unique, and informative content. They are our resources drawn from diverse fields. Therefore your technical paper is in the right hands. Every paper is assessed and only the writers with the technical know-how in that field get to work on it.


College Essay Writing

If all along you have been looking for a trustworthy college essay service provider that provides superb academic papers at reasonable prices, then be glad that you search has ended with us. We are your best choice! Get high-quality college essay writing from our magnificent team of knowledgeable and dedicated writers right now!


Quality Assignment/Homework Help

We give the students premium quality assignments, without alarming them with plagiarism and referencing issues. We ensure that the assignments stick to the rules given by the tutors. We are specific about the deadlines you give us. We assure you that you will get your papers well in advance, knowing that you will review and return it if there are any changes, which should be incorporated.