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My Social Worker wants me to sign a Written Agreement, what does this mean?

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A Written Agreement is a tool that is often used by Children’s Social Care (Local Authorities) when working with children and families.  They can be used when children are subject to Child in Need Plans, Child Protection Plans or when they are looked after children subject to Care Proceedings.

Essentially, a Written Agreement is a tool for monitoring parents behaviour, they will usually outline the concerns that the Local Authority have with regards to the care and wellbeing of the children, and what they would like the parents to do to address these concerns.  It should also outline what the Local Authority will do to support parents.  For a Written Agreement to be effective they should be properly drawn up, monitored and evaluated.

There are a number of things that parents should know about regarding Written Agreements.  The first is that most Written Agreements will include a statement that it is not a legally binding document or something along those lines.  It is correct that if a Written Agreement is broken the Local Authority would not be able to sue for compensation or breach of contract and they cannot take a parent to Court and force them to comply with the Written Agreement.

However, it is important to recognise that there could be consequences if parents do not comply with a Written Agreement they have signed.  If it is breached then it can be used as evidence in Court that parents are not working honestly with professionals and/or not making the necessary changes to provide adequate care for or safeguard their children.

Alternatively, if parents follow the agreement then the document can be used as evidence in Court that parents are engaging with professionals and/or making the necessary changes to provide adequate care for children.

Accordingly, it is important that parents should not sign a Written Agreement if they do not think they can comply with what is written on the agreement.  Parents should also be aware that if they think that something in the Written Agreement is unfair then they should say so.  Also if parents are willing to do what is being asked, but they would like some help, then they should ask for that help to be identified and put in the Written Agreement.

Crucially, Parents should not sign a Written Agreement unless they understand every part of the agreement and they should always seek legal advice before signing any Written Agreement.

Contact our Child Care and Social Services Solicitors

Here at Johnson Astills, the members of our Care Team are specialists in providing expert legal advice in relation to Local Authority involvement with families, including advice relating to Written Agreements.  If you require some advice then please call us on 0116 255 4855 to discuss how we may be able to help you.

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