...‘The conventional division of private and public law is to some extent a false dichotomy’. Discuss. The aim of this essay is to discuss the conventional division of private and public law is to some extent a false dichotomy. In order to achieve this aim it is necessary to inform that the writer, will examine the Children Act 1989 (CA 1989), giving examples of case law. This will include a brief background of implementation of private and public law into the Act. The next section will identify the similarities and differences in private and public law cases by comparing and contrasting case law. The current regulatory legal framework for contact issues in the public and private law context will be discussed by evaluating how the children’s views are considered. Further in the section the children’s representation in the public and private law arena will be touched on considering the United Nations Convention on Rights of the Child 1990 (UNCRC 1990), implications of the Human Rights Act 1998 (HRA 1998), and the incorporation of the of the European Convention on Human Rights (ECHR) bearing in mind that the Children Act was outlined with a consideration to the convention. Throughout the chapters I will refer to relevant case law, statute, drawing attention to how both private and public law cases can have elements of both private and public law and amalgamation of some cases. There will be a brief discussion to address the different treatment of parties mainly kinship...
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...There are many recent pieces of legislation and policies. The Children Act 1989, States that it is the authorities' duty to safeguard children and promote their welfare. This is to say that children from all backgrounds that are vulnerable to harm should be protected. Also their general way of life should be shielded from those who threaten to harm or impair it in anyway. To protect the children from such people or events, such as abduction, social workers (sometimes known as child protection officers) have been employed. Their primary goal is to focus on the safeguarding of children and for many years these workers have also provided additional support to families and family members that feel they are vulnerable. CAFCAS along with social work is another agency that is employed in the welfare of children dealing with courts to find solutions to families’ differences when parents separate. Their goal is to reunite parents with their children and also to provide the children with a better way of life. This is either by shielding them from an abusive parent or, by helping the single parent gain access to finances to help support the child. Another feature of this legislation is to enable the courts to decide on what is best for the child, if that choice is more beneficial for the child in their current situation. This could in extreme cases involve the removal of the child from their parents and be placed into the care/foster care system; this is always the last resort. CAFCAS...
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...Task 1 Criteria: P1 – Outline why children and young people may need to be looked after away from their families (Unit 10) In the year ending 31 March 2013, a total of 68,110 children were looked after by local authorities in England, a rate of 60 per 10,000 children under 18 years.(13/09/15; Rachael Harker and Sarah Heath)In our community, the local authority has a duty of care which is to ensure the safety/ well – being of others. However, there are times when a child’s best interests have to be taken into account and these interests may be that being cared for away from their family home is best. There are many different reasons as to why children and young people may need to be ‘looked after’ away from their families. The term ‘looked after’ has a specific legal meaning based on the Children Act. More often than not, the reason behind the child being looked after is because the child’s parent or the person who have parental responsibilities and rights to look after the child are unable to care for him/her. (@ Citizens Advice; 13/09/15) These could be either family or child related reasons behind the removal of the child. One of the family related reasons could be through a court order. There are a number of orders that can be issued to ensure the protection and supervision of children. However the main orders that can be made are a child protection order, a child assessment order, an exclusion order, a permanence order and a parenting order. (@citizens Advice:...
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...1. Using the table below, explain the key areas in current legislation which relate to the safeguarding of children (1.1) | Legislation | Description of the area | 1 | The Children Act 1989 | * a child’s welfare is paramount when making any decisions about a child’s upbringing. * It introduced the concept of parental responsibility * Local authorities are charged with the duty to investigate if there are suspicions a child suffers significant harm * The NSPCC is designated “authorised person status”. * defines “harm” as ill-treatment (including sexual abuse and non- physical forms of ill-treatment), or the impairment of health or development. * helps professionals in identifying children in need, and deliver the best options in helping the families and children. * | 2 | Children Act 2004 | * sets out the process for integrating services to children * appoints local authorities and their partners to delegate a director of children’s services and an elected lead member for children’s services, who is ultimately accountable for the delivery of services * created the post of Children's Commissioner for England * updates the legislation on physical punishment | 3 | The sexual Offences Act 2003 | * updates the existent legislation regarding offences against children * monitors the sex offenders * includes the offences of grooming, abuse of position of trust ,trafficking. | 2. Evaluate the effectiveness of a range of activities that...
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...There are many different types of legislation have influenced social care provision. This includes The Care Standards Act (2000) and The Children Act 1989 and 2004. The Care Standards Act (2000) provides for the administration of a variety of care institutions, including children's homes, independent hospitals, nursing homes and residential care homes. The Act was passed to regulate and to reduce unfairness and inequality in different social care services. The main purpose of the Act is to reform the regulatory system for care services. There are policies and procedures within the act which require CRB checks to take place. It attempts to take control of the whole concept of care, in all its forms, and to regulate those who provide it virtually in all settings and circumstances. Children Act 2004 is a wide ranging act covering many areas such as parental responsibility and child protection. This act states that children's welfare is paramount. It also made it clear that opinions from children and young people should be taken into account when decisions about their future are being made. It requires local authorities to make arrangements to promote cooperation between the authority, each of the authority's relevant partners and such other persons or bodies working with children in the local authority's area as the authority considers appropriate. The arrangements are to be made with a view to improving the wellbeing of all children in the authority's area, which includes...
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...Beneficence Beneficence refers to actions that promote the wellbeing of others. In the medical context, this means taking actions that serve the best interests of patients. Social care professionals have a duty to act in an individual’s best interest at all times. This can involve balancing the benefits of medical treatment against the risks and costs. Health care professionals quite often have to weigh up arguments over cost, the effectiveness of treatment and the benefit that patients gain from the proposed course of action Justice All individuals should have equal access to medical treatment and be fully aware of their legal rights. Practitioners have to make sure that relevant legislation is put into practice. The Children Act 1989, for instance, states that local authorities must act in the ‘best interests’ of all children, and that each child has a fundamental right to housing, health care and education. Autonomy Care should be person-centred, meaning that care is focused on the individual to ensure that independence and autonomy are promoted. When planning support the social care practitioner should use a variety of different methods to collect information about an individual’s unique qualities, abilities, interests and preferences as well as their needs. This means asking the individual what support or service they would like to meet their needs. The social care worker should not make any decisions or start delivering a service without discussion and consultation...
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...novel Contact is about a girl named Ellie who has a deep passion for astronomy. Her passion for Science comes from her Father who only encourages her to explore more into the universe. Ellie always believed there to be extraterrestrial life and worked throughout her life to discover it. People don't understand her or believe her determination to find what she's looking for. Until the day she received contact from a star known as Vega and is soon to physically experience this journey for herself. In Contact, Sagan's message is received through the different parts that occur in the book although, in the movie many parts were left out getting away from the point of the idea. In the novel Ellie's father died when she was 10 but her mother was still alive. Ellie's mother soon found a new husband, who wasn't very encouraging to Ellie. Ellie's step-father always told her to not seem so smart since she was a girl in order for her to make more friends and to attend these different schools. This is a big part in the message because Ellie proved him wrong by her discoveries even if she was a girl. In the film, Ellie didn't exactly have any push to prove her full ability, there was no person telling her what to do. She simply did it for her passion as well as she did it in the novel but there was more of a personal determination for it. Her mother was a a huge factor because it showed more of who Ellie was and to help her realize how much time she was putting into this contact. In...
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...The main current legislation, guidelines, policies and procedures within own UK home nation for Safeguarding children and young people. (REF 1.1) The main current legislation for safeguarding children and young people are: - Children Act 1989 - The Children Act (Every child matters) 2004 - Protection of Children Act 1999 - Data protection Act 1998 - Safeguarding vunerable group Act 2006 - Sexual offences Act 2003 - Criminal justice and court services Act 2000 - Equalities Act 2010 - Data protection Act 1998 non-statutory guidance - United Nations Convention on the rights of the child The main current guidelines for safeguarding children and young people are: - Working together to safeguard children The main current policies and procedures for safeguarding children and young people are: - Child Protection Policy Child protection is part of the wider work to safeguard and promote the welfare of children and young people. It refers to the activity that is undertaken to protect specific children who are suffering from any form of abuse or neglect. It also involves protecting children and young people from maltreatment and preventing impairment of a child’s health and development by ensuring children are raised in positive circumstances by providing safe and caring environments. Parents or carers who fail to protect or care for their children could then be taken to court and the child be then removed from the home and placed into care. Wider forms of safeguarding...
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...Questioning and Investigation If I was to think that my water may be contaminated after watching other people get sick from it I would first try to contact the City Hall. After contacting them I would get the number and location of the nearest water testing business where they could tell me if there is anything wrong with the water. After I would do that I would contact one of the families that have gotten sick and find out if they also think there is something wrong with the water and find out more about what illness they have gotten. I would also try to contact the mayor of the city I have moved to, to let him know about my concerns and find out if anyone else has been asking or worried about this problem. Lastly I would contact an inspector or someone to come to my home to test the water themselves and take a look to be sure it is not something that is personally wrong with my house and that is indeed the water I am getting from the city water. The first question I would bring up is ask if anyone else has been asking about the water being contaminated and also I would ask if there has ever been a problem with this before in the past. I would try to find out when the last time it was that they checked to see if there was contamination in the water and how often they check for these kinds of problems. The last question I would have to ask these people would have to be about where the water is coming from and if it is possible that something has been broken and leaked...
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...relationship between a parent and their child as declared by the Children Act (1989). This definition outlines certain roles and responsibilities over children. Who has parental responsibility? Parental responsibility is when a parent or both parents are responsible the upbringing of their child. If a child is born in a setting where the mother and father aren’t married then the mother would have the parental responsibility over her child until the age of 18 which at that time the child is seen as an adult. Parents are required to: • Provide a home for the child • Protect, maintain and discipline the child. This includes sending them to school, and paying for medical treatment. • Naming the child and choosing their religion • Keeping contact with the child and living with them even outside the UK • Taking responsibility for the child’s possessions and deciding when to disclose confidential information about a child. When can it be terminated? Parental responsibility can be terminated when the child is 18, adopted or GillickCompetency.To leave their parents at a younger age than 18, the court will need to decide if you are mature enough and they do this by doing a test and this test is called The Gillick Test. If they pass this test then they will be able to do anything without the permission of their parents. This can breach the parental rights; here is a good case example This case shows that the girl has more of a right than her mother’s parental responsibility...
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...Members of this email group will consist of: • HHS Human Resources Representative • HHS Communication Team Members • Senior Leadership Team • HHS Administrative Team • HHS Business Officer Due to the immediate need of emergency communications, the BCHHS Administrative team will be the primary party responsible for sending initial, emergency Nixle alerts to staff. Upon notification of an emergency situation, the BCHHS Administrative team will contact the closest member of the Senior Leadership Team to assess next steps. During business hours, others in this email group will send an email acknowledging receipt of the notification to hhsalert@buncombecounty.org and await further instruction. Emergency Nixle alerts must be approved the following staff: • At least 2 members of SLT • One member of SLT and the BCHHS Business Officer • County Manager or Assistant County Manager (or designee) Templated messages are provided below to expedite notification but messages must still be approved by the individuals above prior to sending. For liability reasons, all approved messages must be verified by an email response showing...
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...9-575-072 REV: APRIL 14, 2009 DARRALL G. CLARKE Optical Distortion, Inc. (A) In late fall 1974, Daniel Garrison, president and chief executive officer of Optical Distortion, Inc. (ODI), had asked Ronald Olson, marketing vice president, to develop a marketing plan for ODI’s new and only product—a contact lens for chickens.1 While contact lenses serve mainly to improve human eyesight, the lens developed by ODI was made to partially blind the chickens. Garrison explained: Like so many other great discoveries, our product concept was discovered quite by accident. In 1962 a chicken farmer in Arizona had a flock of chickens that developed a severe cataract problem. When he became aware of the problem, he separated the afflicted birds from the rest of the flock and subsequently observed that the afflicted birds seemed to eat less and were much easier to handle. So dramatic was the difference that a poultry medical detailman visiting the farm, rather than being asked for a cure, was asked if there was any way to similarly afflict the rest of the flock. It has not proved possible chemically or genetically to duplicate the reduced vision of the chickens, resulting from the cataracts, but a chicken wearing the ODI lenses has its vision reduced enough to obtain the good behavior the Arizona farmer observed. This behavior has important economic implications for the chicken farmer. By the end of 1974 the ODI lens had been tested on a number of farms in California and Oregon ...
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...Demonstrative Communication Maritza Santiago BCOM/275 October 29, 2012 Kim Hinton Demonstrative communication can be effective and ineffective negative and positive for the receiver and sender. It is an unwritten and nonverbal communication that involves such things as facial expression, body language, tone of voice, and so forth. Demonstrative communication is a very important factor when he or she is delivering a message. The receiver can get to know the speaker when he or she are talking, lets take for example tone of voice, the speaker should use a moderate tone of voice, not to loud or soft, use a constant tone, the receiver will see this as an indication of confidence and security. This will be a positive and effective message, but if the speaker is loud, this can be sense as aggressive and negative, it will be an ineffective way of communicating and getting the message across. Body language can tell how people are felling, if they are walking kind of slugage they are probably tired, a very common one is the cross arms, they can sense from this disapproval and simply defensive on what is said, this will transfer as negative and ineffective, but if this person have their arms down he or she look approachable open to suggestions this will be seen by the sender or receiver as positive and effective. It is important that they smile, and walk around the room, the receiver will take this as a positive and effective sign, this will tell them that...
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...SHANE BARBER 4/19/2013 University of Phoenix XBCOM/275: BUSINESS COMMUNICATIONS AND CRITICAL THINKING Instructor: JOSEPH WALTER WEEK 2 Demonstrative Communication Paper Demonstrative Communication When we speak to people we talk more with our body language than any words we may use. Body language is a universal language that everyone shares. Some body movement can be concealed but there are plenty of movements to watch to see how the receiver is reacting to your message. How the message is sent from the sender also determines how the receiver will react to the message. We all send signals that show how we feel about messages we receive and messages we send out. Facial expressions are one of the most recognizable ways to see how someone received a message. When a conversation takes place and a message is being given eye contact is very important. It tells the sender of the message that you are paying attention to what they have to say. No eye contact can mean a couple of different things. It can mean that you do not wish to hear or care what the other person has to say. It also is sign that you are not paying attention to what they have to say. When eye contact is being made it’s important to watch the eyes of the receiver. As a former Law Enforcement Officer eye contact is a key element to watch on the receiver of a message. The direction of movement of the eyes can tell you what the person is thinking about and what the person may feel. For example, while sending...
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...another significantly close area. Cryptograms and a variety of puzzles have also been known to hide or send information to designated parties. There is also another form people use to interchange information, it is called demonstrative communication. This is the action of receiving and sending messages, teachings, or information through the non-verbal use of body language, facial expressions, appearance, eye contact, posture, and tone of voice (Huntington 2014). This type of communication is and can be used to see if the information that is being discussed, is being understood or absorbed by the selected audience. For example: a person is chosen to do a presentation at work, by noticing the body gestures of his/her audience can be a hint as to what may have interested them during one of the topics. This gives the presenter the advantage of giving a little more information on it or perhaps ask if anyone has any questions about it. When speaking with anybody, one can always notice if the other party is involved in the discussion by paying attention to his/her eye contact. Say there are three...
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