Child Protection in UK Law

Leading Cases
  • D v East Berkshire Community NHS Trust and Another
    • House of Lords
    • 21 Abril 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.

  • Re KD (A Minor) (Access: Principles)
    • House of Lords
    • 18 Febrero 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.

  • M and Another v London Borough of Newham and Others; X and Others v Bedfordshire County Council
    • House of Lords
    • 29 Junio 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 Diciembre 1988

    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.

  • D v East Berkshire Community NHS Trust and Another
    • Court of Appeal (Civil Division)
    • 31 Julio 2003

    It will always be in the parents' interests that the child should not be removed. Thus the child's interests are in potential conflict with the interests of the parents. In view of this, we consider that there are cogent reasons of public policy for concluding that, where child care decisions are being taken, no common law duty of care should be owed to the parents.

  • Re X (A child: Emergency protection orders)
    • Family Division
    • 16 Marzo 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 Mayo 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
    • Nbr. 47-2, June 2000
    • Probation Journal
  • Child Protection, Not Collusion
    • Nbr. 38-4, December 1991
    • Probation Journal
  • Emergency powers for child protection
    • Nbr. 1-2, October 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
    • Nbr. 12-2-3, September 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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Forms
  • Chapter IDG52970
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......One of their duties is to protect and promote the well-being of children. Where a child is thought to be at risk of significant harm, Social ...Requests in Scotland will come from the “Keeper of the Child Protection Register”, not directly from the local authority. Top of page. Proactive ......
  • Chapter TCTM02211
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . The Child Tax Credit Regulations 2002, Regulation 3(1), Rule 4, Cases A and B. A ... 35 of the Children’s Hearings (Scotland) Act 2011, a child protection order within the meaning of section 37 of that Act, a compulsory ......
  • Chapter NIM41331
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......NIM41330 gives details of Home Responsibilities Protection (HRP) and Child Benefit entitlement. The 1994 regulations were amended to ......
  • Chapter TCM0114060
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . The circumstances where a child or young person is not included in the family are as follows. Young person ...Note: ‘Transitional Protection Cases’ - This exclusion doesn’t apply to families who have had ......
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