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Essay / Research Paper Abstract
This 4 page paper examines the responsibilities of parents and those with parental responsibility, such as local authorities when looking after a child under a care order, towards the children they care for. This paper considers what responsibilities exist and how far they stretch. The paper is written relating to English law. The bibliography cites 7 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEchildresp.rtf
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Unformatted sample text from the term paper:
this act the concept of guardianship was paramount with who had responsibility for children, this changed to parental responsibility . This was not a major shift in concept, but the
changes has allowed a focus to move away form the child and property to more required parental responsibilities. This encoded the approach taken in Gillick v West Norfolk and Wisbech
A.H.A [1986] A.C 122 which saw that the rights of parent over children existed to they could fulfil their parental responsibilities (Lexis, 2004). However it was also recognised that a
full list of these responsibilities could not be drawn up (Cretney , 1998). It is interesting to note that the term guardianship is once again used in the more recent
The Adoption and Children Act 2002, where children who are not suitable to be adopted, but cannot go back to their birth parents may be paced in a permanent placement
under a guardianship order, which appears to give the majority of parental responsibilities (Black et al, 2004, Compact Law, 2002). The major responsibility may be that to control
or to direct the upbringing of the child. Gillick demonstrated that this is a diminishing responsibility as the child attains greater capacity for decision making (Lexis, 2004). This approach
also reflects the UN Convention on the Rights of the Child (Cretney , 1998). However although there is a responsibility there is not the need to consult with a
child and under section 31 of the Act there is no right of the state to intervene unless the child is suffering or is likely to suffer significant harm.
This does not mean physical harm, but may mean mental harm (Cretney , 1998). Likewise the courts can also interfere where the parents are interfering with a court order
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