Protecting the Child at Risk of Significant Harm

Introduction

If a person is in a socially dangerous situation, immediate intervention is required to ensure the safety and well-being of the child. For example, it can be physical abuse or mistreatment of a child, abandonment, or sexual violence. At the same time, the absence of the necessary basic care for the child and the lack of appropriate medical care pose an imminent threat to life. Emotional deprivation, mental abuse, and the fact that a single mother cannot be provided state-guaranteed standards of education require the urgent intervention of social authorities. If the bodies of child protection do not intervene in the situation and the kid is left with his mother (not a full family), there is a high probability of serious harm (up to injury and death). Therefore, it is essential to analyze possible procedures and laws to ensure a decent existence for the child.

The term ‘substantial harm’ was first introduced by a regulation of 1989, which still remains the primary legal instrument designed to protect the liberties of minors. ‘The Children’s Act’ of 1989 was designed to strike a balance between protection and welfare and to ensure that children remain in comfortable and livable conditions (Ryan, 2019). It should be noted that the concept of harm includes abuse and any existing forms of violence that may be inflicted on kids. It also covers sexual and emotional abuse and physical threats, which in turn are also covered by the law. Thus, it can be argued that the law mentioned above is the fundamental regulator covering and counteracting all forms of force against children. The notion of harm also includes categories of neglect of children’s developmental or health impairments by parents.

Technical Investigation

In order to protect a child from domestic and sexual abuse, an initial investigation, as set out in Section 47 of the Children’s Act of 1989, must be initiated. However, the important thing is to first prove that there is reason to believe that the child is at risk of serious harm (Ryan, 2019). Therefore, to begin with, information must be provided that will be sufficient to make the state authorities suspicious. Thus, considering that the kid lives only with his mother, who has psychological problems and has been abused, there is reason to believe that the child could be discriminated against in the family.

The mechanism of protective intervention should also not be relied upon and not be confused with coercive intervention. This is because, for compulsory intervention, there must be a reason that gives grounds to assert not only discrimination but also not meeting state standards (not attending school) and danger to the life of the child. It is significant to emphasize that a large number of government bodies are responsible for child protection, but social services are the lead agency (Ryan, 2019). It is the responsibility of social service personnel to conduct the initial investigation and establish the danger to the infant. As a consequence, based on the work they have done, a decision can be made to begin section 47 proceedings.

There is a problem that when state authorities use an informal approach, they neglect the essential notion of ‘significant harm.’ The transition from informal child protection work to formal child protection efforts can be accomplished in a number of ways. For example, one way is through a specific allegation of maltreatment or a reasonable cause for suspicion of abuse. However, incidents occur in practice that may indicate physical or sexual abuse (Ryan, 2019). Such as when a baby is raised by a single mother and is physically and possibly sexually assaulted (Ryan, 2019). Therefore, it should be mentioned that a single incident of neglect or domestic violence can also be a cause for concern.

Although the seriousness of the harm done to the child is an essential factor that should immediately prompt a response from state authorities, additionally, physical injuries must be distinguished by social workers from common childhood traumas. Thus, medical help should be used to assess the seriousness and nature of the bruises on the child’s body. Suspicion may also arise if parents do not request medical attention or seek medical attention late.

If the allegation is substantiated or if there was an incident of abuse that resulted in injury to the child, then this is grounds for a criminal proceeding. Then the suspicion is replaced by a conviction, and custody proceedings may be initiated prematurely (Ryan, 2019). In this particular case, according to the rules of law, the investigation will include not only the need to collect and analyze information about the family’s well-being. In accordance with the specific behavior of the mother, an additional sensitive examination is also necessary to fully understand the reasons for the threats and analyze the basic circumstances. The law provisions stipulate that a full examination of indicators of the child’s social environment, family composition, and relationship dynamics is necessary. Therefore, determinants such as whether the mother has suicidal tendencies and is a single parent who has been a victim of domestic violence must be considered. Accurate judgments must also be made about the essence of parenting and household relationships, the character of verbal and nonverbal interaction, and the impact of stressful circumstances on the family.

Social work is time-consuming, but it is fairly easy to identify sources of insecurity with effective activity. If there is an adult in the house who already has a history of violence, psychological problems, or addiction, this is already the first element of risk that could indicate abuse. In this context, the social worker must be able to make contact with the adults. Their position and story should be understood but not necessarily accepted (Ryan, 2019). A separate one-on-one conversation with the child is also an imperative step under the law. A social worker can visit the child in the home for 48 hours unless the situation requires urgent action. During the conversation, he must take notes or record all of the obtained data. This information can be used for further legal proceedings if necessary. It is just as critical to keep the parents informed of all decisions. Moreover, the staff should offer them the necessary assistance and provide information about the nature of the support offered.

Child Protection Conference

If significant harm is justified by suspicions of abuse, which is evident in the case of a twelve-year-old not attending school, a child protection conference should be held. The meeting establishes whether it is possible to work with the child’s parents to resolve the problem. Although, in this particular case, it is clear that the incidents have been repeated, and the mother’s behavior raises suspicions about her mental state (Ryan, 2019). Thus, the main point provoking the decision and the intrusion into the family is the seriousness of the concern and the information about the mother’s problems.

Registration

Certainly, it is crucial to point out that the child protection register was abolished in England, although it is still in force in other parts of the UK. Therefore, urgent action must be taken once registered, and local authorities must refer the case to the family court. In addition, considering that there is evidence of abuse or neglect, surveillance of the mother and child is established (Ryan, 2019). Moreover, such a person should be supported; child protective services must take on the responsibility of monitoring and improving the situation.

After Registration Process

Once registration has taken place, the situation of the mother and child must be monitored by social services. At the same time, the child must be provided with the necessary services, such as a medical examination and access to education. This requires a plan for the family, including support for the mother and protection for the child (Ryan, 2019). If the risks to the child cannot be overcome, the issue of removing the baby from the family must be raised.

Conclusion

The social protection system is very vital for the child’s well-being and comfort. For this purpose, social workers are guided by the principles and provisions of the Children’s Act of 1989, which consists of powerful provisions that regulate the process of possible forced intervention in the family. If the child lives with a parent who has also been subjected to violence and has psychological problems, it is already a risk factor that entails social assistance both to the kid and the parents. The norms of the act state that local authorities must go to court when they have serious concerns about family welfare. There is a certain threshold called ‘significant harm’ to a child. If there is evidence that it is traversed or likely to be crossed, then intervention is necessary. The law’s main purpose is to restore balance to the family and provide a comfortable environment for the children without violating parental rights.

Reference

Ryan, M. (2019) The Children Act 1989: Putting it into practice. London: Routledge.

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StudyCorgi. 2023. "Protecting the Child at Risk of Significant Harm." January 10, 2023. https://studycorgi.com/protecting-the-child-at-risk-of-significant-harm/.

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