Dissertations / Theses on the topic 'Children Act 1969'
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1
Murray, Jeff. "Applications by children under the Children Act 1989 : children 'divorcing' parents." Thesis, University of Leicester, 1998. http://hdl.handle.net/2381/31096.
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The Children Act 1989 recognized for the first time, in statutory form, that children can apply, with the leave of the court, for orders relating to their upbringing including an order relating to where he or she might wish to reside. This ability has led to the suggestion that children can 'divorce' their parents. This work considers these changes in two parts. Part I contains a theoretical examination of the relationship between children and the law. It is argued that children, like all human beings and because they are human beings, are radically autonomous (are ends in themselves) and thereby are the holders of strong (ontological) rights which provide the moral basis for law. It is posited that it is the responsibility of the superior courts to uphold the ontological rights of citizens (including children) and to ensure that all human beings are treated as ends in themselves. Attitudes to children in law are, however, at present predicated on welfare concerns which are underpinned by the philosophy of paternalism which sits in contradistinction to the proposition that children be treated as ends in themselves. This is true both in various mainstream theoretical analyses of how the law should look at children and, as is shown in Part II, in past and current practice of how the law has and is looking at children. In Part II the theoretical position advanced in Part I is used to assess whether the Children Act itself and its interpretation in the courts accords with the strong rights thesis. It is argued that as the Children Act is predicated on welfare and not autonomy that it does not accord with this thesis and it is suggested that the courts in considering the new legal rules are doing so paternalistically; a position which is ontologically indefensible.
2
Perry, Mary. "Planning for looked after children under the Children Act 1989." Thesis, University of Leicester, 2003. http://hdl.handle.net/2381/31351.
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This thesis examines practice in planning for looked after children after the implementation of the Children Act 1989. It is a case study of policy and practice in looking after children, and outcomes in terms of looked after careers, in one local authority between 1991 and 1997. A systemic approach is taken in which social work practice is seen as an interactive process, and decisions about children are 'situated actions'. This means that social work practice has to be considered within the context of the law (the Children Act and associated Guidance and Regulations), policy interpretations of the law made locally, and the circumstances of the children and families themselves. Looked after career patterns and outcomes, and patterns of social work practice in planning for children, are described and examined and related to the policy aims of the Act. The thesis concludes that the Act has led to some changes but local policy interpretations of the Act were influential and some aspects of the Act were not encouraged in written policy. 'Drift' as experienced by children in public care in the seventies and eighties was no longer evident and social work processes introduced by the Regulations played a role in planning for children. But the thesis concludes that the paradigm shift that was required by focusing practice on 'social needs' as opposed to 'problems' had not been sufficiently recognised in the implementation of the Act. Social workers and their managers were still relying on pre-Children Act ways of thinking and conceptualising client' situations and some new processes had been grafted onto old ways of thinking.
3
Woodhouse, Sarah. "The implementation of the concept of voluntary partnership under the Children Act 1989." Thesis, University of Oxford, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.336698.
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Neill, Donna. "Non-complaining and children in the care system : a socio-legal study of the Children Act 1989, s.26." Thesis, University of Bristol, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.689595.
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Situated within a theoretical framework devised by Keith Hawkins, combined with thematic understandings of street-level bureaucrats (SLBs) and their impact on decision-making as developed by Lipsky, this thesis examines why children in care rarely complain about the service they receive from local authorities in England. The gap for this research can be seen more generally in complaints literature which is yet to explore fully the barriers to complaining. I conducted semi-structured interviews with care leavers in order to develop themes which informed the interview questions for four professional groups: Social Workers, Complaints Managers, Advocates, and Independent Reviewing Officers. The data collected from both interview phases has been analysed within Keith Hawkins' framework, and with reference to Lipsky's understanding of front-line policy-making, to develop a greater understanding of professional decision-making processes and the construction of relationships between social care practitioners and looked after children. Looked after children experience care through the relationships they develop with practitioners within a complex framework of procedures and processes. In this context, looked after children are assimilated within a bureaucratic system which influences how they understand the world around them, themselves and their rights. This thesis will show that the care system can discourage looked after children from complaining when things go wrong for a variety of reasons including: the creation of a culture of fear, complexity of processes, lack of advocacy services, lack of information, diversion of grievances, resolution of grievances outside of complaints processes, and lack of trust in professionals and systems.
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Ferris, Katy. "An analysis of the complaints review panel under part III of the Children Act 1989 and NHS & Community Care Act 1990." Thesis, University of Sheffield, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.434533.
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Jordan, Helen. "The complaints procedure operating under the Children Act 1989 : a study of the complaints procedure operating in six Social Services Departments." Thesis, University of Sheffield, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.264439.
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Moloney, Lawrence, and l. moloney@latrobe edu au. "JUDGEMENTS AS SOCIAL NARRATIVE: AN EMPIRICAL INVESTIGATION OF APPEAL JUDGEMENTS IN CLOSELY CONTESTED PARENTING DISPUTES IN THE FAMILY COURT OF AUSTRALIA 1988 � 1999." La Trobe University. Institute for Education, 2002. http://www.lib.latrobe.edu.au./thesis/public/adt-LTU20070411.144416.
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The thesis is divided into two sections. Section 1 explores the psycho-social and legal constructions of family, parenting and children that have influenced judicial decision-making in parenting disputes following separation and divorce. Particular attention is paid, first, to the circumstances surrounding the shift from paternal to maternally-based presumptions about the parenting of children; and second, to the more recent and somewhat puzzling shift to a presumption of gender neutrality. The extent to which fault has continued as a less overt decision-making criterion is also considered.
In Section 2, judgements in recent closely contested parenting cases in the Family Court of Australia are analysed as contemporary socio-legal narratives. A systematic, in-depth examination of a heterogeneous sample of publicly accessible cases revealed that gender-based assumptions continue to dominate judicial thinking about parenting and family structure. In particular, it was found that outcomes that favoured mothers correlated with perceived evidence of conformity to a maternal stereotype of self-sacrifice on behalf of the child(ren). Outcomes favouring fathers usually resulted from situations in which mothers were judged to fall short of these stereotyped expectations. Fathers� roles, even in cases in which their applications were successful, generally continued to be equated with breadwinning and support. Their capacities as nurturers to their children were either not mentioned or treated with scepticism.
In the light of the findings, tensions between continuing gender-based roles in families, public attitudes to parenting and preferred family structure, and recent changes in our scientific knowledge base regarding gender and parenting are reviewed. Implications of the persistence of the breadwinning/nurturing dichotomy both within the Australian culture and family court judgements are discussed. Particular attention is drawn to the impact of the confused circumstances in which gender-neutral parenting principles came about in the 1970s.
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Luggya, Daniel. "A case study of stakeholders' perceptions of the management implications of the discipline provisions of the 1996 Schools Act in a rural Eastern Cape high school." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1006156.
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South Africa's education management system has undergone a long history of transformation from the promulgation of the Bantu Education Act of 1953 to the realisation of democracy, and in this context, the South Mrican Schools Act (SASA) of l996. Apartheid legislation and the new democratic legislation have had a profound impact on the education leadership and management of schools, in which authoritarian management practices have been replaced by democratic management practices. However, democratic management practices have not yet had a significant effect in the leadership and management of schools, especially in the schools of previously disadvantaged areas. This thesis seeks to examine perceptions held by education stakeholders in the light of the rights of students as stipulated in the discipline provisions of the Schools Act of 1996, in one of the rural high schools in the Northern Region of the Eastern Cape Province. One of the most important discipline provisions is the ban on corporal punishment in schools. My intention in carrying out this research was not to generalise my findings but to understand the experiences and perceptions of the stakeholders in this school regarding the discipline provisions of the SASA. The data suggest that authoritarian education practices, especially corporal punishment, are still a factor in the maintenance of student discipline in this rural school. Stakeholders still believe in the use of corporal punishment as the only way of maintaining discipline and an orderly environment for teaching and learning. Such beliefs, assumptions and values concerning the use of corporal punishment are held by the principal, teachers, students and parents and have not changed since 1996. Beliefs, assumptions and values on the exclusive use of power by the principal on issues of suspension and expulsion are still being held by the above stakeholders in the school. The vision of the SASA that schools become autonomous institutions with democratic leadership and management practices does not seem to be practical because of the centralisation of power in the hands of the Provincial Head of the Education Department. This centralisation of power denies the principal and other stakeholders of the school the power to decide on crucial matters like the expulsion of misbehaving students, because it is the provincial Head who decides on the seriousness of offences committed by misbehaving students and subsequent expulsions. Apart from the location of power in the Provincial Head of the Education Department, the stakeholders of this school are also powerless on expulsion of students, or any other form of punishment because of the implication of the "right" to education in the Bill of Rights in the Constitution of the Republic of South Africa. The education department has to devise programmes that change the beliefs and assumptions of stakeholders on corporal punishment and decision-making on expulsions and suspensions. Unfortunately corporal punishment persists because parents use it in the home and support its use in school. Programmes on alternatives to corporal punishment are required for the smooth implementation of the SASA.
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Lynch, Nessa, and n/a. "The rights of the young person in the New Zealand youth justice family group conference." University of Otago. Faculty of Law, 2009. http://adt.otago.ac.nz./public/adt-NZDU20090728.105833.
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The youth justice family group conference (FGC) is a statutory decision making process whereby the young person, their family/whanau, state officials and the victim of the offence come together to decide on a response to offending by that young person. The FGC is an integral part of the youth justice system, involving thousands of young people and their families each year.
There is a considerable amount of literature available on the youth justice FGC, most notably in regard to the purported restorative justice nature of the process. However, for a legal process which involves so many young people on a daily basis, there is little information available on the due process rights of young people in the FGC. This thesis seeks to remedy this gap in the research knowledge.
Firstly, this thesis establishes the theoretical framework for the rights of the young person in the youth justice system. The historical context and theoretical justification for these rights is considered, and the benchmarks for rights coming from international and national human rights standards are identified. A key theoretical issue is the application of rights to the FGC. It is argued that although the FGC differs in format from the adversarial criminal process, it remains a state process involved in resolving a breach of the criminal law, and thus the young person's rights should be safeguarded.
Secondly, this thesis evaluates legislation, policy and practice relating to the rights of the young person in the FGC. Three key areas of rights are considered: legal assistance, how the offence is proved, and outcomes of the FGC. Reference is made to practice examples derived from observation of the FGC in two centres in New Zealand.
Finally, as the FGC is certain to remain an integral part of the youth justice system, recommendations are made as to how legislation and practice could be improved to better safeguard the rights of young people in this process.
10
Wild, Charles Richard. "Could the integration and development of teachers' pastoral role into the childcare framework provide a key to rebalancing child protection work so as to prioritise Section 17 and Part III of the Children Act 1989?" Thesis, University of Sheffield, 2002. http://etheses.whiterose.ac.uk/3423/.
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The hypothesis underpinning this research study suggests that the integration of schools into the childcare framework could provide a key to re-balancing child protection work so as to prioritise the Children Act's family support provisions. It is the researcher's contention that an essential element in this re-balancing process would be the development of a more effective early detection system. In this respect, it is proposed that the educational establishment could fulfil this role given its unique position to gather information and to liaise with other agencies at a community level. Whilst this position has been recognised to a limited extent, the education service could be utilised to a far greater extent to reinforce the philosophy of the 'Framework for the Assessment of Children in Need and their Families' and as such Part III of the Children Act. A brief summary of the implications and considerations to arise from an analysis of the research data is as follows: Information concerning children in need is available within schools, though the utilisation of this information varied considerably between schools. Liaison can successfully take place between schools and other agencies at a community level. Greater clarification is required in terms of the scope a Child Protection Liaison Teacher's duties/responsibilities in order to address the variation in practice indicated by the sample. Consequently, formalisation in terms of guidance documentation, training and/or the personnel undertaking the role of CPLT is required. Greater support and training of teaching staff in general is also required if schools are to be integrated into the childcare framework. Whilst schools could undertake the early detection role proposed by the hypothesis a great deal will nevertheless depend upon how that information is subsequently utilised, i.e. in order to identify children in need or to pursue the current practice of risk assessment.
11
Shariff, Salahudin Hidayat. "The application of the 'best interests of the child' principle as a criterion for fulfilling Malaysia's Convention on the Rights of the Child obligations : a comparative study between Malaysia's Child Act 2001 and the English Children's Act 1989 including the common law and Shari'ah law applications in the respective jurisdictions." Thesis, University of Kent, 2018. https://kar.kent.ac.uk/66815/.
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The Child Act 2001 (Act 611) was Malaysia's response to incorporate the principles of the Convention on the Rights of the Child (CRC) into Malaysian law. The CRC, like all international human rights instruments, is a rights based convention providing for child rights. This thesis is a study of whether the current standards on the best interests of the child principle is sufficiently applied in Malaysia in order to fulfil her obligations under the CRC. In order to answer this question, a deeper understanding of Malaysia's unique socio-legal complexities and background is needed so as to be able to analyse how far Malaysia has fulfilled her obligations. The research utilises a doctrinal and black-letter law approach since the data for analysis were documents and articles on the CRC, the Children Act 1989 and the Child Act 2001. The research methodology chosen is a comparative study England and Malaysia because of the strong historical and legal relationships. The research will use the literature available which is voluminous in England and try to understand the principle as applied in England. This thesis will compare the principle applied in England with that applied in Malaysia. This would include the English and Malaysian civil law (under the relevant Acts), the international law (CRC) and the Islamic Law (Shari`ah). The research will also analyse the principle as applied in England and how it compares to the CRC. This thesis will also show that the best interests of the child principle as envisioned under the CRC is closer to the Shari'ah approach and Malaysia should utilise it as a means to move forward and apply the best interests of the child principle as required under the CRC. Once the application has been done, Malaysia will be able to fulfil her obligations fully under the CRC.
12
Mull, Haley Grace Liqing. "Break a Leg- Just not in Alabama: Analyzing the Timing of Medicaid's Adoption and State Variation in Medicaid Eligibility." Miami University / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=miami1588084119596649.
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Yen-Chun, Wu, and 吳彥君. "The Relationship Between the Custody Order and Residence Order of the Children Act 1989 in Enland." Thesis, 1996. http://ndltd.ncl.edu.tw/handle/10302198422148823345.
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碩士淡江大學
歐洲研究所
84
The Custody Order represents an important symbol to parents. Such Order stands for re-distribution of the exercise of parental rights following separation or divorce. The party obtaining the grant of the Custody Order enjoys a dominant position in connection with the matters related to his/her children. Accordingly, it be- comes worthy to consider the reason why the Children Act 1989 provides that the Custody Order shall be totally replaced by the Residence Order. Meanwhile, such a ques- tion is also the purpose of this report to deal with. There are three legal resources in connection with the Custody Order. Namely, they are Matrimonial Causes Act 1973 ,Domestic Proceedings and Magistrates' Court Act 1978, and Guardianship of Minors Act 1971.Due to above different legal resources in connection with the Custody Order, it results to different categories of the Custody Order and different standard application. Since the prevailing law which has applicable for a long time is not amend- ed or revised along with the development of the social policy, then the drawbacks of the Custody Order gra- dually appear attributed to such current laws which can- not meet the need of solving out the social problems. To ensure the benefits of children from the conflicts between fraternity rights and maternity rights and to resolve the drawbacks resulting from the different cate- gories of the Custody Order based on the above legal resources, all of the Egualism, the scholars such as Su- san Maidment, and the Law Commission submit their sugges- tions and reforms on such a issue.
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Sanyanga, Willard. "Implementation and regulation of the Tobacco Products Control Act 83 of 1993 by street level bureaucrats (and the Tobacco Control Amendment Act of 1999) in relation to selling of tobacco to underage people : the Pietermaritzburg central business district as a case study." Thesis, 2005. http://hdl.handle.net/10413/1934.
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This study aims to explore the challenges faced by Street level bureaucrats in the implementation and regulation of the Tobacco Products Control Act 83 of 1993 (and the Tobacco Control Amendment Act of 1999) in relation to the selling of tobacco products (especially cigarettes) to minors in the Pietermaritzburg central business district area. These Acts are national policies formulated through the various stages of policymaking for tobacco control. Policymaking is not complete once a policy is approved. Instead implementation and regulation determine the success or failure of a policy or programme therein. Common implementation challenges include amongst others large number of participants in a programme, diverse goals, lack of commitment to the programme, lack of resources and technical difficulties. It is the purpose of this study to critically analyse and discuss the implementation problems faced by street level bureaucrats who have certain discretionary powers and are at the frontline of policy implementation. Specific focus will be given to environmental health officers and police officers in the Msunduzi Municipality and the Drugs and Liquor Section respectively (Pietermaritzburg central business district area).Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2005.
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Tyabazayo, Phumlani. "The duty of the state to give effect to the rights of children in child-headed households in the context of section 28(1)(b) and (c) of the Constitution of the Republic of South Africa, 1996." Diss., 2009. http://hdl.handle.net/10500/3198.
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The scourge of HIV/AIDS is ravaging our communities; many children have lost their parents to this pandemic. The death of parents because of this pandemic has resulted in the emergence of a new phenomenon of child-headed households. This paper seeks to examine the rights of children in child-headed households as entrenched in section 28(1)(b) and (c) of the Constitution. Once the rights of children in child-headed households are ascertained, the state’s duty to give effect to these rights is investigated. In the analysis of the rights, the socio-economic rights jurisprudence of the Constitutional Court is considered. The paper further argues that the state gives effect to the rights of children in child-headed households through legislation and policy. As such, the paper takes a closer look at the legislation and policies that seek to give effect to the rights of children in child-headed households as enumerated in section 28(1)(b) and (c) and gaps in that legislation and policy are highlighted. In conclusion, proposals are made that will assist the state to give effect to the rights of children in child-headed households as set out in the Constitution.Private Law
LL.M.
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Mashiane, Mafabo Andries Bernard. "An assessment of the constitution of the Evangelical Lutheran Church in southern Africa within the Bill of Rights as enshrined in the South African Constitution Act 108/1996." Diss., 2006. http://hdl.handle.net/2263/26743.
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The constitution of ELCSA was adopted in the constitutional assembly held on 15 to 19 December 1975 at Rustenburg, Tlhabane. The constitution of South Africa was adopted on 08 May 1996 and amended on 11 October 1996 by the constitutional assembly. It is obvious from this situation that the ELCSA constitution was put together and adopted during the rule of the National Party in consideration of the constitution of South Africa at the time. This suggests that the bill of rights was not taken into account when the constitution of ELCSA was written. The church‘s top down management system of administration is questionable. The harmony of rights and the ELCSA constitution was tested. The labour relations requirements are not taken into consideration by the ELCSA constitution given the procedures followed to add in addressing employee disputes. The ELCSA constitution was critically evaluated for compliance. The areas of the South African Constitution that were not considered at the initial stage of the church constitution were identified during the study. It is imperative though that the Church should not find her self-making concessions on issues that are contrary to Christian beliefs and norms that form the basis of the faith. Dr Martin Luther’s two kingdoms provided some guidance when the church was under pressure regarding certain issues that are required by the law of the country. Particularly the church does not condone abortion. In this study it was established that some areas require the church to mobilise and challenge the state. The study is concluded by a discussion of areas that present conflict between the church and legal requirements, areas that the church is omitting to do and areas that the church has to take a stand on. This discussion included recommendations that the church has to consider ensuring that legislation is complied with and that there is no conflict with the church constitution.Dissertation (MA(Theology) Church History)--University of Pretoria, 2008.
Church History and Church Policy
unrestricted
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DVOŘÁKOVÁ, Karla. "Spektrum odborných služeb pro pěstounské rodiny." Master's thesis, 2007. http://www.nusl.cz/ntk/nusl-46195.
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In my diploma work I concentrated on various forms of work with foster-families focused on prevention, consultancy and special help. Regional authorities are obliged to arrange them as a part of so-called consultations on foster care practice according to para. 4 of section 11 of Act No.359/1999 Coll. on Social and Legal protection of children. I tried to map the way the particular regional authorities fill this paragraph. In more detail I attended to activity of south-bohemian regional authority in this field. In terms of the research I found that the importance of foster-families meetings consists in experience exchange, feeling of sharing and gaining new information. From that point of view more days meetings are the most popular with both fosterers and social workers when there is more time for it.