Chapter 12 Self-test questions

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. Under which section of the Children Act 1989 can the local authority make an application for a care order?

s.47(1) correct incorrect

s.44(2) correct incorrect

s.31(1) correct incorrect

s.38(2)
correct incorrect

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. When a care order is made, who has parental responsibility for a child?

The parents and no one else correct incorrect

The local authority and no one else correct incorrect

The mother and the local authority jointly correct incorrect

The mother and the father (if he had PR) jointly with the local authority. correct incorrect

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. The "threshold test" in s.31(2) is made up of two stages, but only one or other of the stages needs to be satisfied before an order can be made. True or false?

True correct incorrect

False correct incorrect

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. If the local authority is concerned about risk during a pregnancy, they can make an application to court for an order before the baby is born. True or false?

True correct incorrect

False correct incorrect

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. Which of the following statements about who is made a party to care proceedings is correct?

Both parents are automatically parties and must be notified of the proceedings. correct incorrect

Only mothers are automatically parties and fathers can only be notified of the proceedings if they have parental responsibility. correct incorrect

Mothers and fathers with parental responsibility are automatically parties. correct incorrect

Children who are old enough to express a view on their future are represented by a litigation guardian and solicitor. correct incorrect

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. Which of the following statements is correct?

An interim care order can only be made if the court are satisfied that there are reasonable ground to believe the threshold test is met. correct incorrect

An interim care order should always be made for the duration of the proceedings to protect the child's safety. correct incorrect

An interim care order must be made if the court are satisfied that there are reasonable grounds to believe that the threshold test is met. correct incorrect

If the threshold test is met, an interim care order must be made. correct incorrect

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. Once proceedings have been issued, the parents have to prove that the children are not at risk of significant harm due to their care not being what it would be reasonable to expect a parent to give. True or false?

True correct incorrect

False correct incorrect

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. What do the local authority have to prove in order to satisfy the court that the threshold test is met?

the local authority has to prove beyond reasonable doubt that the facts happened. correct incorrect

the parents have to prove beyond reasonable doubt that the facts did not happen. correct incorrect

the local authority has to prove, on balance, that the facts might have happened. correct incorrect

the local authority has to prove on balance that the facts have happened. correct incorrect

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. In order to establish that a child is suffering significant harm, what must the local authority prove?

Ill treatment and the impairment of health correct incorrect

Physical harm caused by ill-treatment correct incorrect

Impairment of both physical and mental development correct incorrect

Ill-treatment or impairment of health of development correct incorrect

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. Which of the following statements is correct in relation to establishing whether a child is at risk of significant harm?

If the local authority prove that a child is suffering from ill-treatment they need to also prove that the ill-treatment is likely to cause harm. correct incorrect

If the local authority prove that a child is suffering from ill-treatment they must also show that this ill-treatment is impairing their development. correct incorrect

Impairment is relative, and a child's development must be compared to a similar child to establish whether their development is being impaired. correct incorrect

If the local authority prove that a child is suffering from ill-treatment, they do not also need to prove that this is causing harm. correct incorrect

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. Once it has been established that a child has suffered or is likely to suffer significant harm, the local authority must prove that the parents have deliberately acted in a way that caused, or is likely to cause, significant harm. True or false?

True correct incorrect

False
correct incorrect

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. Once the threshold test has been met, the court must make a care order. True or false?

True correct incorrect

False correct incorrect

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. Which of the following statements about care plans is correct?

The local authority must prepare a care plan whenever there are court proceedings which may result in a care order. correct incorrect

The local authority may prepare a care plan if they apply for a care order. correct incorrect

The local authority only needs to prepare a care plan if they wish to place a child for adoption. correct incorrect

The local authority does not need to prepare a care plan if the plan is to place the children with family members. correct incorrect

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. Which of the following statements are correct? Choose all that apply.

If parents are willing to engage with therapy and other support services, the child must be place with the parents. correct incorrect

If parents are willing to engage with therapy or other services, the timescales for change may still mean that it is better for the child to be placed elsewhere. correct incorrect

If parents are willing to engage with therapy and support services, the reality is that the services needed may not actually be available. correct incorrect

Even if parents are willing to engage with services, once threshold is met a child cannot be returned to their care. correct incorrect

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. If a supervision order is made, the local authority acquires parental responsibility. True or false?

True correct incorrect

False
correct incorrect

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. Which section of the Children Act 1989 imposes a duty on the local authority to allow parents to have reasonable contact with a child in care?

s.31 correct incorrect

s.34 correct incorrect

s.38 correct incorrect

s.39 correct incorrect

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. How do special guardianship orders provide stability and certainty for children? Choose all that apply.

Parents lose parental responsibility. correct incorrect

Parents parental responsibility is limited. correct incorrect

Parents cannot apply to overturn the special guardianship order without first getting leave from the court. correct incorrect

Special guardians can make any decision about upbringing without consulting the parents. correct incorrect

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. What is required before a special guardianship order can be made?

A special guardianship order can only be made once threshold is met and the court have the power to make a care or supervision order. correct incorrect

A special guardianship order can only be made when a child is already living with a relative. correct incorrect

A special guardianship order can only be made if a report on the suitability of the special guardian has been made. correct incorrect

A special guardianship order can only be made if threshold is not met and care or supervision orders are not available. correct incorrect

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. What types of support can special guardians receive from the local authority? Choose all that apply.

An allowance correct incorrect

Therapy correct incorrect

Family mediation correct incorrect

Housing correct incorrect

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. How did the Adoption and Children Act 2002 widen the pool of potential adopters? Choose all that apply.

Single people could now adopt correct incorrect

Unmarried couples could now jointly adopt correct incorrect

Same-sex couples could now jointly adopt correct incorrect

Married heterosexual couples could now jointly adopt correct incorrect

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. What must happen in order for a child to be placed for adoption?

The parents must consent and the child must be under a care order. correct incorrect

Parents must consent or the court must dispense with consent. correct incorrect

All those with parental responsibility must consent and a placement order must be made. correct incorrect

Those with parental responsibility must consent or a placement order must be made. correct incorrect

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. Once a placement order has been made, a parent can only apply for it to be revoked if the child is not yet placed with prospective adopters. True or false?

True correct incorrect

False correct incorrect

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. What right does s.47(5) Adoption and Children Act 2002 confer on parents?

The right to oppose the making of an adoption order in all circumstances. correct incorrect

The right to re-open the question of whether their consent can be dispensed with. correct incorrect

The right to apply for leave to oppose the adoption application. correct incorrect

The right to oppose the making of a placement order. correct incorrect

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. Parental consent to adoption can only be dispensed with when there are no realistic alternatives to adoption. True or false?

True correct incorrect

False correct incorrect

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. Which of the following statements most accurately represents the current position in relation to adoption?

If potential suitable kinship carers are able to provide a home, then an adoption order cannot be made. correct incorrect

Although a placement with kinship carers is often preferable, the welfare test may mean that adoption is the right order. correct incorrect

Children have the right to raised by their birth family. correct incorrect

An adoption order cannot be made if the child themselves has expressed a view against it. correct incorrect

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. If a local authority wants to argue for an adoption order to be made, they need to explore all the other realistic alternatives, including any realistic possibility of kinship care. True or False?

True correct incorrect

False correct incorrect

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. What should a judge consider when reaching a decision to make a placement order or adoption order? Choose all that apply

Consider the pros and cons of each option in turn in order to discount them correct incorrect

Consider the child's welfare through his life. correct incorrect

Make a holistic examination of the options to find out what is best. correct incorrect

Consider whether the adoption Is proportionate and necessary correct incorrect

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. Why is it difficult to appeal a decision on fact-finding?

Because of the very strict time-limits for appeal. correct incorrect

Because adoptive families need to be confident that the placement is permanent. correct incorrect

Because the judge at first instance had the benefit of assessing witnesses and hearing evidence. correct incorrect

Because the appellate courts do not want to undermine the authority of the lower courts. correct incorrect

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. In the Webster case, why were the parents unsuccessful in seeking to overturn the adoption orders?

Because there were appealing after a period of several years, meaning they were out of time. correct incorrect

Because it was still not certain that the decision at first instance had been wrong. correct incorrect

Because there were no procedural errors in the original care proceedings meaning the adoptions were validly obtained. correct incorrect

Because, having settled with their adoptive families, the children did not wish to return to their birth parents. correct incorrect

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. What type of order can the court make under s.51A Adoption and Children Act 2002?

Leave to oppose the making of an adoption order correct incorrect

Post adoption contact with parents or relatives correct incorrect

Require the local authority to assess a relative as potential adopter. correct incorrect

Leave to apply to overturn an adoption order correct incorrect

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. Lauren has recently given birth to a daughter, Makayla. Lauren is only 17 years old and has a history of truanting from school and drug abuse. She is currently living in a hostel for homeless young people. Makayla is in hospital as she was born prematurely. The local authority has decided to issue care proceedings as they do not think Lauren is capable of caring for Makayla when she comes out of hospital. Lauren has told the local authority that she does not want Dom, the father, told about the baby or the care proceedings. She has not told Dom about the baby and he is not named on the birth certificate. She claims that he is a friend of her father and that he groomed her and abused her from the age of 13. Do the local authority need to join Dom as a party to the care proceedings?

Both parents are automatically joined as parties to care proceedings and the local authority must serve Dom with the application for a care order. correct incorrect

Dom is not named on the birth certificate, so does not have parental responsibility. He is not a party to the proceedings and does not need to be told about them. correct incorrect

Dom is not named on the birth certificate, so does not have parental responsibility. He is not a party to the proceedings but must be notified and offered the opportunity to join as a party. correct incorrect

Dom is not named on the birth certificate, so does not have parental responsibility. He is not a party to the proceedings but should be notified and offered the opportunity to join as a party. correct incorrect

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. Amari has two children aged five and three. Amari is a heroin addict and works as a prostitute. Her house is always clean and the children are healthy and developing normally. They are cared for by Amari's mother when she is working. The children came to the attention of social services following an incident where armed police raided Amari's house following a tip off that a known drug dealer was in the property. They did not find the suspect, but the children were traumatised. Amari was arrested on suspicion of drug-dealing but released the same day without charge. The social worker thinks the children are not safe in their mother's care and would like to apply for a care order and for the children to be removed from the unsafe environment. She has sought advice from the local authority legal team. What advice would you give her?

The children were traumatised by the police raid and this incident is enough to establish a risk of significant harm to the children and it is likely an application for a care order will be successful. correct incorrect

The social worker will need to provide evidence to the court that Amari is a heroin addict which will be enough to establish a risk of significant harm making it likely an application for a care order will be successful. correct incorrect

If the social worker can provide evidence to the court that Amari is a heroin addict, there is no causal link to show that this is the children are suffering or likely to suffer significant harm so it is unlikely an application for a care order will be successful. correct incorrect

If the social worker can provide evidence to the court that Amari works as a prostitute, then the threshold test will be satisfied unless Amari satisfy the court that this does not put the children at risk of harm, meaning that an application for a care order may be successful. correct incorrect

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. Jala is 8 years old. Her mother, Elle, grew up in care and has struggled to look after her. The local authority have issued care proceedings and have established threshold based on neglect and emotional harm. Elle was in a very violent relationship with Terry, who is not Jala's father. Jala's father is not involved in the proceedings, but his mother, Mary, has put herself forward to be Jala's main carer and has applied for a special guardianship order. Elle has separated from Terry and has been attending parenting classes and support services for survivors of domestic abuse. She believes that she can make the changes needed for Jala to be returned to her care. Jala is currently in temporary foster care and wants to return to her mother. The local authority prefers the option of Mary as a special guardian. What advice would you give Elle on how the court will decide?

Now that the threshold has been established the court have to make a care order and Jala cannot return to her mother's care. correct incorrect

Although threshold has been established, the court have to look for the least interventionist option which means they must attempt rehabilitation of Jala to Elle's care first. correct incorrect

The judge must consider all the realistic options. In order to decide if Jala can return to Elle the judge will consider risk factors and protective factors in order to decide what is best for Jala. correct incorrect

The court will always favour kinship care over a placement with a foster carer and it is extremely likely therefore that Mary will be successful in her application for a special guardianship order. correct incorrect

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. Lexi is 5 months old and was removed from her mother Mira's care when she was 2 days old. She has been living with foster carers under an interim care order. Mira has a learning disability and was living in supported accommodation when she became pregnant. She has been unable or unwilling to say who the father is. Mira's parents Anya and Priya have put themselves forward as potential long term carers for Lexi. Mira has been assessed as having capacity to understand and participate in the proceedings. Mira visits Lexi three times a week and she is noted to be devoted and loving with the baby. She would like to keep Lexi, with support from her parents and social services. The local authority has asked for placement order to be made so that Lexi can be adopted. The local authority evidence is that because she is still a young baby this is the best long term plan for her. The social work assessment concluded that Anya and Priya (in their early 50s) were too old to take on a baby as they would be parenting a teenager in their 60s. The social work assessment has also concluded that Mira was simply unable to understand the needs of a baby or young child even with support. Mira wants to oppose the placement order and is not willing to consent to the adoption. She wants a chance to raise Lexi herself and if that is not possible, she wants Lexi to live with her parents. Can the court dispense with Mira's consent and make a placement order?

The court has the power to dispense with Mira's consent if the welfare of the Lexi requires it. This means that if, on balance, adoption would be better than the alternatives, adoption should be preferred and consent dispensed with. It is therefore likely that Mira's consent will be dispensed with. correct incorrect

The court does not have the power to dispense with Mira's consent even if the welfare of the child requires it. Adoption permanently severs a child's legal ties with their birth family, so if the parents do not consent to this, long term foster care is the only alternative option. If Mira does not consent, a placement order for Lexi will not be made. correct incorrect

The court can dispense with Mira's consent because of she has a learning disability and does not understand the needs of a baby or young child. It is likely therefore that the placement order will be made. correct incorrect

The court has the power to dispense with Mira's consent if the welfare of Lexi requires it. This is a stringent test and parental consent should only be dispensed as a last resort and if nothing else will do. It is possible that the court will not agree to dispense with consent as Mira and her parents can provide a realistic alternative. correct incorrect