Under Section 3 of the Children Act 1989, Parental Responsibility is defined as the rights, duties, powers and responsibilities that a parent has concerning a child. By having Parental Responsibility for a child, a person is able
When Care Proceedings are initiated to protect the welfare of a child, an important and key figure in this process is the Children’s Guardian. A Children’s Guardian, previously known as a Guardian ad litem, is an independent
If you are searching for a clear answer to ‘can my ex-wife claim my pension after divorce’, the starting point is that pensions can be taken into account and dealt with as part of the financial settlement,
Sibling relationships are often the longest relationship we will experience in our lives. During Care Proceedings, the Local Authority recognise the importance of sibling relationships and therefore aim to keep siblings together where possible, when making decisions.
Parents involved in Care Proceedings will almost always be told about the “26-week” timetable”. The law is clear that Care Proceedings should usually be concluded within 26 weeks, or around six months, from the date the application
Understanding the Public Law Outline. When a Local Authority (council) becomes worried about a child’s safety or wellbeing, it can step in. In England and Wales, the rules for how this happens are mainly set out in
There are two ways a child can be removed from a parent or guardian without the need for a Court Order. This is through the parent or guardian signing a Section 20 Agreement, or through the police
When social services have serious concerns about a child’s safety or a parent’s ability to meet their needs, the Court may consider a residential parenting assessment. This involves the parent and their baby or young child staying
The detail of a section 47 investigation is set out in s.47 Children Act 1989. It applies when the Local Authority/Children’s Social Services have received a referral which has been made to them by any person who
When a Local Authority issues Care Proceedings, the Court must ensure that all parties can participate effectively in the process. One crucial consideration is whether a parent has the mental capacity to understand, engage with and instruct
A person who lacks litigation capacity will be allocated a case worker on behalf of the Official Solicitor to act as their Litigation Friend in Court Proceedings. The Official Solicitor acts as a last resort representative for
Domestic abuse can have a significant impact on every part of family life, including when Children’s Services become involved. Many parents worry that asking for help will mean that their children are taken away, but in most
When the family Court deals with care proceedings, the main question is whether a child is suffering, or is likely to suffer, ‘significant harm’. This term comes from the Children Act 1989, which sets out the legal
An Emergency Protection Order (EPO) is a time limited protective order for emergency situations where there is a reasonable cause to believe that a child is likely to suffer significant harm. The three grounds on which an
When Care Proceedings begin, one of the biggest concerns for parents and families can be how much contact they will have with their child. The law recognises how important these relationships are and contact arrangements must be
Care Proceedings are issued by the local authority when they have concerns about the welfare of a child. The court process is intended to conclude after 26 weeks, and the Family Court must then decide what arrangements
The protection of your human rights is vital in all aspects of the law. It is natural to wonder how these rights are maintained in Care Proceedings for parents, especially where the Local Authority are applying for
If social services are involved with your family, you may be asked to take part in a Parenting Assessment. This is a detailed process where professionals look at how well you meet your child’s needs and whether
When social services become involved with families it can be frightening and overwhelming. Many parents worry that ‘social services want to take my children away’ but the reality is the law requires local authorities to assist and
Involvement with social services can be very difficult for families and many people wish to escape so that they do not need to deal with any intervention or scrutiny from social workers and other professionals. If the
If you are a parent going through Care Proceedings, drug testing might be something that the Court asks you to do. One newer test you might hear about is called Patch Testing. It is important to understand
When you have a child ‘parental responsibility’ refers to all the rights, duties, powers responsibilities and authority which by law a parent of a child has in relation to the child and their property. The term focuses
If the Local Authority have concerns about a parent’s ability to care for a child, they may request or complete an assessment of that parent’s ability for care for them. The concerns may arise from an injury
Being involved in Care Proceedings is often one of the most stressful experiences a parent or guardian can face. When your family life is under scrutiny of the Family Court, it is natural to want to talk
If you have any involvement with social services that relates to your alcohol misuse it is likely you will be asked to undertake alcohol testing. There are lots of different methods that social services may use to
There are three levels of public funding for parents whose children are involved with social services. These are Legal Help Level 1, Legal Help Level 2, and Full Representation under Legal Aid. The level of funding you
Child protection conferences are an important part of the child safeguarding process. When professionals suspect that a child is at risk of significant harm, a Child Protection Conference may be arranged to assess the situation, create a
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
Social Services will usually become involved with a family because they are worried that the care being provided to a child is not reaching a good enough standard. However, Social Services can and will be approached by
Exploring Family Placement Options in Care Proceedings: Special Guardianship Orders, Child Arrangement Orders, and Kinship Fostering When a child is unable to remain in the care of their birth parents, there are several options for family placements
Where the Court has been provided with all the evidence relating to a child’s parents in Care Proceedings and the professional assessments of them are negative, they can be ruled out as potential carers before a Final
As of November 2024, the Government has announced they intend to reform the social care system. New rules and regulations have been put forward with an aim to widen opportunities for families to remain together. To summarise
For all children, going into the Care system can be extremely daunting. Local Authorities do their utmost to ensure that children are placed with culturally appropriate foster carers, but this is not always the case. Can you
The involvement of social services in a family’s life can be distressing, especially when parents fear that their child might be taken away. The fear of having your child “stolen” by social services is a common concern,
Often drug and alcohol tests are ordered during the care proceedings process. Parents are required to provide a section of their hair which is tested to consider if they have been misusing substances. It has recently been
If the Local Authority is completing a risk assessment, they are doing so to determine if there is a likelihood of a significant risk of harm to a child. This could be due to concerns regarding domestic
A Special Guardianship Order can be made when the Court determines that a child requires a long-term and stable placement which offers more permanence than a Child Arrangement Order. The need for a Special Guardianship Order can
Psychological and psychiatric assessments are commonly ordered by the Court in Care Proceedings and are frequently requested by the Local Authority during pre-proceedings. However, these assessments are not the same and there are key differences that distinguish
I am being asked to provide friends / family members to put forward for an Initial Viability Assessment, what does this mean If you are contacted by Social Services and told they are initiating Pre-Proceedings or Care
Threshold is an important document in Care Proceedings which sets out a list of concerns and is different for each case. This document is designed to prove to the Court that a child is suffering or is
In recent years, the Family Court has placed further emphasis on the consideration of post-adoption contact. This is where children who have been removed from their parents’ care and have been adopted by a new family will
Where do I stand with parental responsibility? When entering the care proceedings process father’s that are not registered on their child’s birth certificate or have not acquired parental responsibility via other means for example a parental responsibility
When a Court removes a child from their parents’ care and places a child into Local Authority Foster Care, very often parents are worried about how they will see and spend time with their child. At Johnson
For years, many calls have been made for the English Government to reform the law regarding smacking and hitting children. In England and Northen Ireland, any use of physical chastisement is illegal unless it amounts to a
A safety plan is a document which is personalised for each family. The main goal of a safety plan is to safeguard children from any current or future risk of harm. Usually, Social Services will state what
In the last 12 months, it is estimated that more than 800,000 children in England and Wales have lived or continue to live in an abusive home.[1] Domestic abuse and violence remains a major concern for many
The role of an independent advocate is to support and assist a person to communicate their views, wishes and feelings. This may be encouraging them to voice their opinions or assisting their involvement in the court process.
What is a Care Order? A Care Order is an Order made by the Court when the Court determines that a child is suffering or is at risk of suffering Significant Harm. When a Care Order is
A Looked After Child Review can also be known as a LAC Review or a Statutory Review or a Review of Arrangements. This meeting includes all the people who are involved within the child’s life and discusses
Parental responsibility is the rights and responsibilities a parent has over their child. It simply encompasses completing the role of a parent that one would expect a parent to do. Parental responsibility is the legal term given
