Equal access to the built environment, transport, information and communication and for all the barriers to the above to be identified and removed (article 9) Living independently and being included in the community (article 19) Freedom of expression and opinion, and access to information (article 21) Respect for home and the family (article 23) Education (article 24) Habilitation and rehabilitation (article 26) The Code of Practice for Part 2 of the Act also makes it clear that public authorities must not act in a way that is incompatible with rights under the European Convention of Human Rights. This includes: Article 2 – right to have life protected Article 3 – right not to be subjected to inhuman or degrading treatment Article 5 – right to liberty and security Article 6 – right to a fair hearing Article 8 – right to respect for private and family life, home, and correspondence Human rights can be absolute rights, limited rights or qualified rights. Absolute rights mean rights that the state can never infringe, and include the right to protection from torture and inhuman and degrading treatment. Limited rights are rights that may be limited under explicit and finite circumstances, such as the right to liberty. Qualified rights are rights which require a balance between the rights of the individual, and the rights of the broader community or the state. They include the right to respect for private and family life; the right to manifest one’s religion or belief; freedom of expression; freedom of assembly and association; and the right to peaceful enjoyment of property. More information on the Human Rights Act can be found in the Ministry of Justice’s publication . Key learning point You need to know the rights that children have and work to uphold them. Facilitators’ hints and tips ‘Children's Rights in Wales’ is a web resource produced by Save the Children with part funding from the Welsh Government. It is designed to help local practitioners, policy makers, managers and strategists develop their understanding of children's rights and how to adopt a children's rights perspective to their work. The ‘Children’s Rights in Wales’ website contains lots of useful information, resources, training and interactive materials for both children and professionals on all aspects of children’s rights and the UN Convention on the Rights of the Child. It can be accessed here:
not possible, the Part 6 care and support plan must be prepared within 10 working days of the child’s first placement arranged by a local authority. If an application for a care order is made under Section 31 of the Children Act 1989 a Care Plan must be provided for the court. Section 31A provides that the local authority must prepare a care plan for the child within the timetable set by the Court. No order can be made until the court has considered the plan. A Part 6 Care and Support Plan may be used as a child’s ‘court’ care plan if it meets the requirements imposed by Section 31A Children Act 1989. In Wales, this is set out in the National Assembly for Wales Circular, 1/2000. Facilitators’ hints and tips The Welsh Government’s priorities are to support families to care for their children and de-escalate the need for formal interventions in their lives. Section 15(2)(f)(1) of the Act seeks to reduce the need for proceedings for care or supervision orders under the Children Act 1989. Where it is necessary to look after a child, priorities are: Greater stability for the child by supporting continuation of friendships and relationships with people important to them and consistency in their education. Greater range and choice of placements locally so children can live close to home and community. Acting sooner to find the right permanency solution for each child. Activity – Discussion How will the way you assess and plan care and support for children and their families change under the new Act? What practical examples of early intervention can you think of within your own / or your teams day-to-day practice that have strengthened the capacity of families to continue caring for their children? How can these preventative interventions be built on and developed? Slide 14 Advocacy