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Conflicting Responsibilities in Child Protection

Conflicting Responsibilities in Child Protection. Paula Jefferson Partner Beachcroft LLP. Child Protection – duties owed by Public Authorities to. Children Parents/Guardians Employees. Children. Children Act 1989 Welfare of child paramount

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Conflicting Responsibilities in Child Protection

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  1. Conflicting Responsibilities in Child Protection Paula Jefferson Partner Beachcroft LLP

  2. Child Protection – duties owed by Public Authorities to • Children • Parents/Guardians • Employees

  3. Children • Children Act 1989 • Welfare of child paramount • Section 17(1) It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part) – a) to safeguard and promote the welfare of children within their area who are in need; and b) so far as is consistent with that duty, to promote the upbringing of such children by their families By providing a range and level of services appropriate to those children’s needs

  4. Human Rights Act 1998 • Duty of care owed to a child in investigation where suspected abuse • If a breach may amount to a violation of Article 3 or Article 8

  5. Parents/Guardians • JD v. East Berkshire Community Health NHS Trust • AD v. Bury Metropolitan Borough Council • L v. Pembrokeshire County Council

  6. Conclusion

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