Depending on what stage your case is at, the Local Authority could propose to undertake a number of different types of assessments when Social Services become involved with your family. What is a Section 47? Every child
When the Local Authority issue Care Proceedings to seek Public Law Orders regarding children, the subject children will be allocated a Children’s Guardian to represent their views, wishes and best interests throughout the proceedings. The Guardian is
What is a Special Guardianship Order? A Special Guardianship Order (SGO) is a long lasting, Private Law Order, made by the Family Court. The Order appoints one or more individuals to become the child’s ‘Special Guardian.’ This
A sibling assessment will evaluate the bond and relationship between siblings. A sibling can be defined as a person whom you share at least one biological parent with. An assessment will consider the sibling dynamic, and the
When the Local Authority considers that a child is at risk of significant harm, they can apply for a Care Order or an Interim Care Order. This would only be granted if the Court finds reasonable grounds
Communicourt is an intermediary service mostly funded by HMCTS, with no charges or payments required by parents or legal professionals. In the context of Care Proceedings, their aim is to assist a parent who has a communication
What is a Child Protection Conference? A Child Protection Conference is a multi-agency meeting arranged by the Local Authority. The purpose of the conference is for family members and professionals involved in a child’s life to share
Your baby being placed for adoption against your will is referred to as a non-consensual adoption or contested adoption. The term ‘forced adoption’ is not a term that is used within the Family Court but is used
If the Local Authority are concerned about a child’s health, development or the way that they are being treated, but do not feel that there is an immediate risk to them, they may request that various assessments
By the end of 2023, Justice Secretary Alex Chalk plans to introduce a new law before Parliament which would result in parents who kill their partner or ex-partner with whom they have children to automatically have their
PAMS stands for ‘parenting assessment manual software’. It was an assessment used with parents or carers that have learning difficulties or additional needs. Its aim is to assess the parent’s capacity and to support them in understanding
The recent decision in the Court of Appeal in the case of JW (Child at home under Care Order) [2023] EWCA CIV 944 is a reminder of the approach that should be taken when considering making final
A Placement Order is a Court Order which says that a Local Authority can place a child for adoption with prospective adopters, who have passed all the necessary checks and are a suitable match for a child.
A Supervision Order is one of many orders that the Court has the power to grant a Local Authority in Childcare Proceedings under section 35 Children Act 1989. The purpose of a Supervision Order is to impose
What is a Section 20 agreement? You as a parent can voluntarily enter into a Section 20 agreement. A Section 20 agreement allows your child to be accommodated willingly in either foster care, with your friends, or
The Local Authority will send you a Letter of Intent to Issue Care Proceedings once they have decided that there are significant concerns regarding the safety of your child/children, and the only way to keep them safe
It has been estimated that 1 in 4 women in England and Wales are at risk of return to court within 10 years after the initial set of proceedings. In 2015, findings from Broadhurst et al provided
Substance abuse can have a significant impact on childcare proceedings, as it can lead to social workers having concerns about the safety and wellbeing of children. When a parent or caregiver struggles with substance abuse, it is
What is a section 20? Section 20 is a voluntary arrangement that parents can consent to and withdraw this consent at any time. The agreement allows the child to be voluntarily accommodated in foster care or with
What is a Foster Carer? Foster Carers can offer children a safe and loving home when they are not able to remain with their birth parents. Why have my children been placed into Foster Care? Children
Childcare proceedings are confidential, which means the disclosure of information deriving from proceedings is governed by strict rules and protocols. If the Police wish to obtain information from your childcare proceedings, they need to make an application
The Local Authority in each area will have a designated team who deal with Child Protection. They have a wide range of duties and powers as detailed within laws. One of the duties and powers of the
A Section 91(14) Order is known as a ‘barring order’ and relates to Section 91(14) of the Children Act 1989. This type of Order allows the court to prevent individuals, usually parents, from making an application to
The Court has the power to order a fact-finding hearing in care proceedings, yet many parents did not know what a fact-finding hearing is until speaking to a solicitor. This article aims to explain what a fact-finding
If you are a parent with additional needs, such as learning difficulties or cognitive functioning issues and the Local Authority are involved with your children, you may be entitled to extra support. What are Care Proceedings? When
Generally, those subject to family court proceedings are protected from the details of their case being shared with the public. This applies to both private and public law family proceedings and only very limited reporting can take
The Local Authority might have been successful in obtaining a care and placement order for your child, but that does not mean that your child will be adopted once a prospective adopter has been found. With permission
Sexual assault happens when someone touches another person in a sexual manner without their consent. The Sexual Offences Act 2003 says that someone commits sexual assault if all of the following happens; They intentionally touch another person.
How long should public law proceedings take? When the Local Authority initiate public law care proceedings, the standard duration of these proceedings should be 26 weeks which equates to 6 months. There may be some variance on
What is a s20 agreement? A s20 agreement allows the Local Authority to accommodate a child and place them in foster care or other placement without a Court order. If the Local Authority are involved in your
A section 47 investigation (S.47) stems from the Children Act 1989 which is legislation that governs England and Wales. It means the Local Authority/Children’s Services have received a referral which has been made to them by any
The Local Authority issue the pre-proceedings process where there are significant concerns regarding a child or children that are suffering harm or a child or children that are likely to suffer serious harm. This could be physical,
Following on from the National Deprivation of Liberty (DoLs) Court being announced in July 2022, the Nuffield Family Justice Observatory have published data in relation to the use of such applications. Over the first 3 months, there
The Local Authority will arrange a child protection conference for a child if there are concerns regarding the child being abused or it is believed that the child is suffering or likely to suffer significant harm. A
Child protection is about making sure children are kept safe and free from harm. Local Authority Children’s Services often become involved with families where children might be at risk of harm. Child protection means that professional services
Unaccompanied minors are children who enter the UK and may be seeking asylum under the Refugee Convention and may also be known as ‘unaccompanied asylum-seeking children (UASC). These children may experience a number of forms of harm
An Emergency Protection Order (EPO) is a time limited protective order for emergency situation whereby there is reasonable cause to believe that a child is likely to suffer significant harm on 3 grounds: The child is not
When the Local Authority have concerns surrounding a parent (or carer’s) care of a child then the Local Authority may complete an initial viability assessment of the capability of any wider family members or friends to provide
‘A Team of Fabulous Women!’ and ‘Leicester Legal Aid Legends’: Johnson Astills declared the Regional Legal Aid Firm of 2022 at the LALYs! What are the Legal Aid Lawyer of the Year Awards (LALYS)? On Tuesday 12
DoL stands for ‘Deprivation of Liberty’ and means that a person’s freedom is taken away from them. Being deprived of liberty will mean that a person is under continuous supervision and control and is not permitted to
You may be asked to engage in blood alcohol testing. This has now become an essential part in providing an insight into an individual’s alcohol consumption and providing an evidential picture within proceedings before the Family Court.
If the Local Authority has concerns about your suspected alcohol or substance misuse, they may well ask you to agree to be tested. There are several different ways to test for alcohol or substance use, each of
Once a Care Order is made at Court, this Order remains in place until a child reaches 18 years old. Once a child reaches adulthood, the Care Order will cease to have effect. The Local Authority have
The report completed by Dame Rachel De Souza is dedicated to the children in care, who have voiced their experiences. These children have shared their thoughts and personal experiences in the hope that change can be brought
The County Councils network (CCN) say more needs to be done to assist keeping families together. If this is not achieved soon, Local Authorities could spend up to £3.6bn more a year placing children in care by
A BBC article dated 26th January 2022 shone a light on the separation of siblings upon children entering the foster care system. The article highlights that around 45% of sibling groups are split up into different placements
There may be lots of reasons why social services are inviting you to a meeting. For some of these meetings, you may be entitled to legal representation, meaning a solicitor can attend the meeting with you and
We previously wrote about the first Social Care Annual Report that was released from Ofsted in 2013. This report identified that a vast majority of Local Authorities were inadequate, and some child safeguarding services were struggling to
In November 2021, the NSPCC confirmed that a record number of people had contacted their service due to concerns around child sexual abuse, with nearly 5,000 calls made within a 6 month period. There are concerns that
Thursday 25th November 2021 marks the launch of the UNiTE to End Violence against Women campaign, consisting of 16 days of activism across the UN and concluding on 10th December, which will be International Human Rights Day.
