By Mary Maguire
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Additional info for Law and Youth Work
It has been argued (Hoffman and Rowe, 2006) that it plays an important part in expanding the scope of the judicial review in the United Kingdom. This is the process by which the courts are able to decide whether or not those in positions of authority have exceeded their legal powers. The Human Rights Act 1998 The incorporation of the ECHR into UK law through the Human Rights Act (HRA) 1998, is the most significant attack on the purely welfarist approach to children’s rights in evidence to date, as well as being the most significant constitutional change of our time.
The Children Act was designed to ensure that the interference by the state into family life was justified and that the procedures were subject to greater scrutiny and oversight by the courts. It recognised that the removal of a child from their family home was a traumatic event and that, as such, great care should be taken to hold all parties to the decision to account. You will note that the Children Act not just imposes duties (Section 47) on local authorities to investigate circumstances where a young person is considered to be at risk of significant harm, it also imposes duties on local authorities (Section 17) to provide support to 43 Chapter 4 Child protection children in need and their families.
West Norfolk and Wisbech Area Health Authority. Fraser guidelines (named after one of the judges in Gillick) set the criteria by which competence is assessed. There is no absolute right to refuse treatment if under 18 years of age, (re R and re W) and the court’s permission must be sought when a competent minor refuses treatment which the medical practitioner considers essential. Chapter 3 Autonomy, consent and competence ● If a child/young person is not competent, a person with parental responsibility can give consent on their behalf.