Child Protection in UK Law

Leading Cases
  • Re KD (A Minor) (Access: Principles)
    • House of Lords
    • 18 Feb 1988

    The best person to bring up a child is the natural parent. It matters not whether the parent is wise or foolish, rich or poor, educated or illiterate, provided the child's moral and physical health are not endangered. Public authorities exercise a supervisory role and interfere to rescue a child when the parental tie is broken by abuse or separation.

  • Re U (A Child) (Serious Injury: Standard of Proof): Re B (A Child)
    • Court of Appeal (Civil Division)
    • 14 May 2004

    We understand that in many applications for care orders counsel are now submitting that the correct approach to the standard of proof is to treat the distinction between criminal and civil standards as 'largely illusory'. The standard of proof to be applied in Children Act cases is the balance of probabilities and the approach to these difficult cases was laid down by Lord Nicholls in his speech in re H.

  • D v East Berkshire Community NHS Trust and Another
    • House of Lords
    • 21 Abr 2005

    A doctor is obliged to act in the best interests of his patient. The best interests of a child and his parent normally march hand-in-hand. But when considering whether something does not feel 'quite right', a doctor must be able to act single-mindedly in the interests of the child. He ought not to have at the back of his mind an awareness that if his doubts about intentional injury or sexual abuse prove unfounded he may be exposed to claims by a distressed parent.

  • M and Another v London Borough of Newham and Others; X and Others v Bedfordshire County Council
    • House of Lords
    • 29 Jun 1995

    First, in my judgment a common law duty of care would cut across the whole statutory system set up for the protection of children at risk. The system is inter-disciplinary, involving the participation of the police, educational bodies, doctors and others. This procedure by way of joint action takes place, not merely because it is good practice, but because it is required by guidance having statutory force binding on the local authority.

  • C. v C. (Abduction: Rights of Custody)
    • Court of Appeal (Civil Division)
    • 14 Dic 1988

    I would only add that in a situation in which it is necessary to consider operating the machinery of the Convention, some psychological harm to the child is inherent, whether the child is or is not returned. Save in an exceptional case, our concern, i.e. the concern of these courts, should be limited to giving the child the maximum possible protection until the courts of the other country—Australia in this case—can resume their normal role in relation to the child.

  • Re X (A child: Emergency protection orders)
    • Family Division
    • 16 Mar 2006

    The child protection system depends upon the skill, insight and sheer hard work of front line social workers. Underlying those key features, there is a need for social workers to feel supported and valued by the courts, the state and the general populace to a far greater degree than is normally the case.

  • AA (Unattended Children) Afghanistan
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 23 May 2011

    Such risks will have to be taken into account when addressing the question of whether a return is in the child's best interests, a primary consideration when determining a claim to humanitarian protection. Such risks will have to be taken into account when addressing the question of whether a return is in the child's best interests, a primary consideration when determining a claim to humanitarian protection. Such risks will have to be taken into account when addressing the question of whether a return is in the child's best interests, a primary consideration when determining a claim to humanitarian protection.

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Legislation
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Books & Journal Articles
  • Drug Use and Child Protection
    • Núm. 47-2, Junio 2000
    • Probation Journal
  • Child Protection, Not Collusion
    • Núm. 38-4, Diciembre 1991
    • Probation Journal
  • Emergency powers for child protection
    • Núm. 1-2, Octubre 2006
    • Journal of Children's Services
    • 31-40
    This article examines the use of emergency intervention for child protection in England by the police and social services to establish when and why powers are used and what subsequently happens. It...
  • Future proofing child protection social work
    • Núm. 12-2-3, Septiembre 2017
    • Journal of Children's Services
    • 202-210
    Purpose: How might the profession of child protection social work be “future proofed”, i.e. remain intact and of value beyond its present existence? The paper aims to discuss this issue. Design/me...
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Law Firm Commentaries
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