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The Children And Families Act and The Human Rights Act - Coggle Diagram
The Children And Families Act and The Human Rights Act
The Children And Families Act
The role of the Children’s Commissioner:
The Act has given the Commissioner strong powers.
The Commissioner has to focus on the rights of all children, including those in care or living away from home.
Role is increased from representing the ‘views and interests’ of children to ‘promoting and protecting’ the rights of children.
Parents who have a new child:
Parental leave – mothers, fathers and adopters can opt to share parental leave so each take time off work when they have a new baby.
Fathers or mother’s partner can take unpaid leave to attend up to two antenatal appointments.
Allows both parents to have time off work to go to clinic appointments before the baby is born.
Allows people who are going to adopt a child to have time off work to see the child and attend meetings about the adoption.
Family courts and justice:
Introduced a 26 week deadline for the family court to rule on care proceedings.
In cases where parents are splitting up, courts should help parents to do what is right for their child, not what parents might want.
Courts are to take the view that after separation both parents should be involved in their children’s lives, if it is safe and their best interests.
Introduced a single order called a ‘child arrangements order’ to replace contact and residence orders.
SEND: (children with special educational needs and disabilities):
Introduced Education and Health Care plans (EHCP)
Children’s needs are assessed in a holistic way with EHC plans.
Give rights to a personal budget for children with an EHCP.
When writing an EHCP, families have to be involved in discussions and decisions about children’s care and education.
Young people and parents must be informed by the local authority of support they are entitled to so they are aware of the choices that are available.
Schools to be provided with more support for children with medical conditions in order to meet their needs. This extends the choice for children to attend mainstream schools if they choose to.
The Act aims to get education, health care and social care services working together.
The Human Rights Act
Article 8: right to a private and family life
Article 9: freedom of thought, belief and religion
Article 7: no punishment without law
Article 10: freedom of expression
Article 6: right to a fair trial
Article 11: freedom of assembly and association
Article 5: right to liberty and security
Article 12: right to marry
Article 4: freedom of slavery
Article 14: protection from discrimination
Article 3: freedom from torture and inhumane/degrading treatment
3 PROTOCOLS:
Abolition of death penalty
Right to education
Right to free elections
Article 2: right to life