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Section 156 of the Children and Young People Act

  1. For the purposes of this Part, a child is in need of care if- 
    1. the child-
      1. has been physically injured (otherwise than by accident); or
      2. has been sexually abused, by one of the child’s parents or by a member of the household in which the child lives or there is a likelihood that he or she will so suffer such physical injury or sexual abuse; 
    2. the child-
      1. has been physically injured (otherwise than by accident); or
      2. has been sexually abused, by a person other than a person mentioned in paragraph (a), or there is a likelihood that the child will so suffer such physical injury or sexual abuse, and the child’s parents are unable or unwilling to protect him or her from the injury or abuse; 
    3. by reason of the circumstances in which the child is living, has lived or is reasonably likely to live or in which the child is found- 
      1. the health of the child has been impaired or there is a likelihood that it will be impaired; or 
      2. the child has suffered, or is likely to suffer, psychological damage of such a kind that his or her emotional or intellectual development is or will be endangered; 
    4. the child is engaging in behaviour that is, or is likely to be, harmful to him or her and his or her parents or guardian are unable or unwilling to prevent the child from engaging in that behaviour; 
    5. there is no appropriate person to care for the child because- 
      1. the child has been abandoned by his or her parents or guardian; 
      2. the child’s parents or guardian cannot, after reasonable enquiries have been made, be found; or 
      3. the child’s parents are dead and he or she has no guardian;
    6. there is serious incompatibility between the child and one of his or her parents or between the child and his or her guardian; or
    7. the child is required by law to attend school and is persistently failing to do so and the failure is, or is likely to be, harmful to the child. 
  2. In the application of this Part, an authorised person, the Director or the Court shall have regard to the degree of injury, abuse, impairment, likelihood, incompatibility or failure and shall disregard any of those things that, in the circumstances, appears to be not sufficiently serious or substantial to justify action under this Part. While we will take on the position of the department there are in these matters issues which take time to both assess or work through.