Complete the task(s) set out below.
Word Limit: Maximum 3000 words excluding footnotes, bibliography.
Written assignments must not exceed the specified maximum number of words. When a written assignment is marked, the excessive use of words beyond the word limit is reflected in the academic judgement of the piece of work which results in a lower mark being awarded for the piece of work (Regs. 6.81-6.82).
Referencing: Work must be completed individually and be properly referenced using the OSCOLA system. It must include a Bibliography.
Please see page 2 for assessment details…
Assessment Task Detail and Instructions:
Read the following scenario and answer ALL parts of the question.
Question 1 Total 100 marks
Karen James (38) and Tim James (39) are currently going through a bitter separation and live in separate homes. They were never married. They have a nine-year old daughter, Marley. Marley’s main residence is with her mother, Karen, at 23 Willow Walk, Cambridge. She spends alternate weekends and half of the school holidays with her father, Tim, at 59 Leys Road, Cambridge.
Marley has just returned from a stay at Tim’s house. She came home excited to show her mum a Tik Tok videos she and her dad made together. The video was posted onto a Tik Tok account that Tim created for Marley. Tim is an artist and thinks that Tik Tok is a great platform for people to express themselves. Karen is a secondary school teacher and is very wary of young people using social media.
In one clip, Marley swaps clothes instantly when she clicks her fingers with her dad. A second clip shows Marley smoking and laughing with empty bottles of alcohol in the background. A final clip shows her in her underwear. Karen is angry that Tim would allow Marley to dress and pose in such an inappropriate manner and encourages her to drink and smoke. She is also upset that Tim had created Marley a social media account. She tells Tim that he will never see his daughter again and has reported him to social services.
Tim finds it funny that a clip has upset Karen so much but is furious that she is now stopping him from seeing Marley. Marley is also very upset by her mother not letting her see her father.
Karen, Tim, and Marley were not known to social services in any way prior to Karen reporting Tim. You have been approached by Shona, a social worker for some legal advice on how to deal with this matter.
Answer the following questions using relevant legal authority to support your answer:
(a) Explain what social services must do if they suspect that a child is suffering or likely to suffer significant harm.
20 marks
(b) Explain the Threshold Criteria and whether the case meets the criteria in relation to Marley?
30 marks
Answers should have ample cases with the Act’s sections.
(c) Explain whether Tim has parental responsibility and what steps he could take if he were to acquire parental responsibility and the likelihood of success for each step.
30 marks
(d)
i. Explain what private law orders Tim could apply for to resume contact with Marley. In your answer outline the factors the court would consider and powers it may exercise in this matter.
10 marks
ii. Assess the merits of alternative methods to court proceedings that Tim may try to resolve this matter.
10 marks