Re B-S was a Care Proceedings case that took place in 2013 and has shaped how Local Authorities are expected to evidence analysis when showing their final care plans.
Whilst there has always been a duty on Local Authorities to prove that ‘nothing else will do’ when presenting a care plan that places children away from families, Re B-S has cemented the need for a thorough investigation to be evidenced before doing so.
Re B-S has reaffirmed that a social worker must show they have explored all viable options and all placements that may become realistic with additional support.
Therefore, in all social worker’s evidence, particularly any final evidence, they are required to list all the viable possibilities, such as family placements, placement with parents, long-term foster care, adoption etc. Then they must show a clear pro and con to each of these choices and what would need to be implemented for it to be considered for a child’s permanent placement. A clear balanced approach must be demonstrated.
Adoption is considered a draconian approach and for this approach to be able to satisfy the Court it is the necessary way forward; it must be shown that ‘nothing else will do’.
The key points that have been taken from Re B-S are:
- It is not enough to declare that it would be better for a child to be adopted without presenting a clear analysis of how that conclusion has been reached.
- The making of care order’s must be proportionate. It must be clear that it is necessary in the circumstances to interfere with the child’s Human rights as per Article 8 – their right to a family life.
- Consideration must be given to what support could regulate a family placement and alleviate the Local Authority’s concerns. If it is not realistic, why this is and why it wouldn’t be considered appropriate to manage the risks involved.
- Even when the care plan reflects the child remaining with their birth parents, a clear analysis of all options should be explored and evidenced.
How can we help?
If Social Services are involved with your family or children have been made subject to Care Proceedings, we understand that this can be very stressful and that is why we are here to help and provide advice. We have experience in assisting parents at all stages of Local Authority involvement. Please contact Johnson Astills at either our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312 and ask or a member of the Care Team. Alternatively you contact us through our free online enquiry form or email us at careteam@johnsonastills.com and a member of our team will be happy to assist you.
