{"id":3511,"date":"2023-07-06T00:01:12","date_gmt":"2023-07-06T00:01:12","guid":{"rendered":"https:\/\/safeguardinghub.co.uk\/?p=3511"},"modified":"2023-07-28T18:01:40","modified_gmt":"2023-07-28T18:01:40","slug":"non-parental-child-abduction","status":"publish","type":"post","link":"https:\/\/safeguardinghub.co.uk\/non-parental-child-abduction\/","title":{"rendered":"Non-parental Child Abduction"},"content":{"rendered":"

Welcome to the first of three articles looking at various aspects of Child Abduction. This area of safeguarding is based principally around the legislation contained within the Child Abduction Act 1984 and the Children Act 1989. For us these acts translate into to four key categories:<\/p>\n

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  1. Abduction of a child by a person not connected to the child – Section 2 Child Abduction Act.<\/li>\n
  2. Taking, keeping or encouraging a child to run away from lawful care or emergency or police protection – Section 49 Children’s Act 1989.<\/li>\n
  3. Child Abduction Warning Notices (CAWNs).<\/li>\n
  4. Abduction of a child by a person connected to the child (commonly referred to as parental child abduction) – Section 1 Child Abduction Act.<\/li>\n<\/ol>\n

    In this article we concentrate on the first two areas \u2013 Section 2 & Section 49, which are relevant to those who are charged with safeguarding children on a daily basis, particularly professionals who are involved with missing and\/or exploited children. These two offences are commonly associated with non-parental child abduction, rather than the offence of parental child abduction covered under Section 1 of the Child Abduction Act. In other words, those people who for their own reasons, takes or harbours a child who they have limited or no association with.<\/p>\n

    Abduction of a child by a person not connected to the child – Section 2 Child Abduction Act.<\/h3>\n

    What is Section 2 Child Abduction?<\/strong><\/p>\n

    Section 2 deals with people who take or detain a child who are not connected<\/strong> to that child.<\/p>\n

    A person commits an offence if, without lawful authority or reasonable excuse, he takes or detains a child under the age of sixteen:<\/p>\n

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    1. so as to remove him from the lawful control of any person having lawful control of the child; or<\/li>\n
    2. so as to keep him out of the lawful control of any person entitled to lawful control of the child.<\/li>\n<\/ol>\n

      Is this not Kidnapping? <\/strong><\/p>\n

      No! The Common Law offence of Kidnapping may at first seem similar but is in fact very different. Kidnapping is the \u2018taking or carrying away of one person by another, by force<\/strong> or fraud<\/strong>, without<\/strong> the consent<\/strong> of the person so taken or carried away\u2019. Kidnap always involves the false imprisonment of the person taken or carried away. False imprisonment is \u2018the unlawful and total restraint of the personal liberty of another\u2019. Both Kidnap and False imprisonment are indictable only offences so can only be tried in the Crown Court. Both carry a maximum sentence of life imprisonment.<\/p>\n

      What is the idea behind Section 2 and who is it for? <\/strong><\/p>\n

      Some individuals permit young people to stay at their homes without making any attempt to inform the young person\u2019s parent or carer. Some go as far as encouraging the young person to go missing or stay away from the parent\/carer, whilst others actively obstruct attempts by police or social care to locate the child. This is often described as – harbouring a child. Many of these people do not mean the young people any harm and commit the offence without realising they are doing so, purely because they are irresponsible and have a dislike and distrust of authority. Most are not particularly good role models and often the young people are exposed to alcohol and drugs. Then there are the predators, those that target, groom and harbour children with the intent to commit criminal offences. Grooming will often involve the offender inducing, assisting and inciting the child to run away or stay away from their parent or carer.<\/p>\n

      Who is connected to the child and who is not? <\/strong><\/p>\n

      A person is connected<\/strong> to a child if they are:<\/p>\n