Law assignment notes
Topic: Children and Families Law
Word count: 1500
LO1: demonstrate a working knowledge of legislation relating to children and young people.
LO3: begin to develop an understanding of relationship between law and social work.
In order to respond to the above learning outcomes this test paper contains 3 questions to guide how you should structure your answer. Essentially, for each part you are asked to demonstrate an understanding of the law and how the law should be applied to the case scenario.
Remember, in addition to evidencing your use of the law, you will also need to evidence the manner in which you exercise your duties and powers.
Please answer the questions in order and ensure your answers are numbered.
There is no introduction or conclusion required. Please ensure you reference legislation (primary/secondary/regulations/reports) appropriately when responding to the questions. Please include a reference list at the end.
Read the scenario below and answer the questions which follow:
Referrer: Mrs Hussain, Park Hill Primary School
Child: Ryan Pilkington D.O.B: 25/6/2012
Mother: Katie Rushton D.O.B: 4/8/1987
Mother’s partner: Kyle Gregory D.O.B: 17/11/1990
Father: Ryan Pilkington D.O.B: 27/9/1986 (working in Dubai)
You are a social worker in a Local Authority Children’s Services Referral and Assessment Team responding to incoming duty calls. Mrs Hussain made a referral (11.50 am). Ryan refused to follow an instruction from his class teacher, Miss Hyatt, to clear his table before break. He called her a ‘stupid bitch’ and said that ‘it’s your job to clear up not mine’. At break time he took another child’s lunch box and ate everything. These behaviours are unusual for Ryan and when he was sent to see Mrs Hussain he told her that he doesn’t see why he should have to clear up because it’s not his job. Mrs Hussain asked him why he had changed and reminded him that he was always so helpful in class. Ryan started crying and said he wants to leave home because Kyle is always shouting at him and his mum but he can’t leave his mum on her own. Ryan showed Mrs Hussain some bruises on his arm and told her that he fell against the table when he was trying to stop Kyle from hitting his mum. When asked about taking the food Ryan explained that he was hungry because Kyle ate all the food at home and said ‘I know it was wrong but Kyle made me go to bed without my tea and then he ate everything. I’m sorry, I was really hungry’. Mrs Hussain is concerned that Ryan has been hurt trying to protect his mother, that his physical needs are not being met, and that he is learning behaviours at home.
Mrs Hussain explains that Ryan has good attendance and is never late. He was a popular boy with a lot of friends but has recently been having more arguments in class and at break times. There have never been any concerns regarding Ryan until about two months ago. Although school staff have never met Kyle Mrs Hussain believes he may have had a relationship with another woman with children at the school. She is not sure if this is true. Katie has does not have much involvement with school staff but she attends parents evenings and takes an interest in Ryan’s learning and development.
Katie has a large family network in Manchester and moved to the Midlands when Ryan’s work moved him to Wolverhampton. They split up three years ago and he now works in Dubai.
The Children’s Information System (CIS) indicates no previous contact with children’s services.
Police National Computer (PNC) Check: Katie is not known to the police. Ryan (senior) is not known to the police. Kyle has a history of abusive relationships with women but there have been no police call outs to the home he shares with Katie and Ryan. Kyle has two convictions for assault.
Discuss the legal context of this scenario (Be explicit when referring to a power or a duty). Clearly identify the relevant pieces of legislation in your answer.
Word count approximately 600 words.
The team manager has requested you progress with a s.47 Children Act enquiry. Please discuss what this will entail and how you will exercise your duties/powers, referring to the legal framework (Regulations, Statutory Guidance, and National Minimum Standards) and any procedural documents that will guide your practice. Please discuss the processes for escalation and de-escalation of the case.
Word count approximately 800 words.
Are there any potential human rights issues within this case? If so, be clear whose rights are, or could be affected and how you would address this?
Word count approximately 100 words.
