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The Children Act 1989 is the legal framework used by the court when making decisions in respect of the welfare of children and young people up to 18 years of age. The overriding principle for the court in making any decision is that the welfare of the child is paramount. The belief is that wherever possible a child should be cared for by their family and the court should not make a legal order unless they are satisfied that by not doing so the child will be or is likely to be at risk of significant harm.
In reaching a decision the court has a range of powers that they can introduce to protect the child's best interest:
| Section 8 Order | defines where the child/young person should live and who has parental responsibility for day to day decisions concerning the child. |
| Contact Order | defines who the child/young person should have contact with. |
| Prohibited Steps Order | defines anyone the child/young person shouldn't see or something that shouldn't happen because it places the child/young person at risk. |
| Supervision Order | places a duty on the local authority to assist and befriend a child/young person the court believes is likely to suffer significant harm if an order is not made. |
| Care Order | gives the local authorty shared parental responsibility, in serious cases, which lasts until the child/young person reaches the age of 18, unless the case is returned to court and the order is revoked. |
| Emergency Protection Order | Granted by a magistrate in the case of an emergency where a child is at serious risk of harm, giving the local authorty permission to see the child/young person and, if necessary, remove them to a place of safety. The order lasts for eight days and then the local authority has to decide whether they need to apply to the court for a legal order. |
A parent can apply to court for a section 8 order or a significant other can apply to court to be granted the right to apply.
If the Local Authority decide to make an application in a non emergency situation they must give three days notice to all parties of their intentions.
For advice, contact:
| Team Address | Areas Covered | Telephone | Fax |
| Assessment Team West | Central, North West, Hoyland, | 01226 772423 | 01226 772404 |
| Assessment Team East Brierley Hall Church Street Brierley Barnsley S72 9HT | Brierley, Cudworth, Athersley, | 01226 775131 | 01226 775923 |
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