What is a Child Assessment Order?
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
Child Care or Issues Involving Social Services
Jade’s Law: What is it and How Does it Affect Me?
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
What is a ParentAssess Assessment: How is it different to PAMS?
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 Court could make a Supervision Order or Care Order, what approach needs to be applied by the Court when considering these Orders?
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
What is a Placement Order?
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.
What is a Supervision Order?
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 the new law on a Section 20 agreement and how does this affect me?
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
I received a Letter of Intent to Issue Care Proceedings – What Does This Mean?
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
Mothers’ reoccurrence at care proceedings: how can we prevent the cycle?
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
Why are Drug/Alcohol Tests Ordered with Child Care Cases?
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
I’m being asked to consent to a section 20, can this be a long-term agreement?
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
My children are in foster care, can I get them back?
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
Can the Police Obtain Information From my Childcare Proceedings?
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
Can I have more contact with my child who is in care?
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
What is a Section 91(14) Order and how can it protect me?
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
What is a Fact-Finding Hearing?
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
Will I get extra support during Care Proceedings?
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
Can the media report on my family court proceedings?
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
Can I Oppose an Adoption Application?
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
What is sexual assault and how can I get help?
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.
The Local Authority have issued care proceedings – how long will it take?
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 should I do if I am asked to consent to a s20 agreement?
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
What does it mean when the local authority initiates a s47 investigation?
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
What is Pre-Proceedings?
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,
National DoLs Court: a quarterly update
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
I have been invited to a Child Protection Conference for my child – what does this mean?
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
What is child protection?
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
Who takes care of unaccompanied minors when they enter the UK?
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
What is an Emergency Protection Order (EPO)?
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
Can my children live with their grandparents if I am not able to care?
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
Regional Legal Aid Firm of 2022 at the LALYs!
‘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
National DoLs Court is being launched at the Royal Courts of Justice
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
Blood Alcohol Testing: Is PEth is leading the way?
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.
WHAT WILL SHOW UP IN MY DRUGS AND/OR ALCOHOL TEST?
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
What will happen when my child is ready to leave Local Authority care?
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
Putting Children’s voices at the heart of reform. A report by Dame Rachel De Souza, Children’s Commissioner for England January 2022
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
Almost 100,000 children could be in Local Authority care in England by 2025
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
What happens if my children are separated in foster care?
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
I have a meeting with social services, can a solicitor attend with me?
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
Are Local Authority Leicester City Council Children’s Services Department meeting the needs of families and their children? Update 2022
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
What does ‘risk of sexual harm’ mean?
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
International Day for the Elimination of Violence Against Women
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.
Social Services have asked me to sign and adhere to a Written Agreement and Safety plan, should I sign?
If social services have asked you to sign a safety plan for children or a written agreement, it is important to understand what these documents mean and the implications of signing them. These agreements are not legally
Special Guardianship Order and Care Order – Can they Co-Exist?
In the recent case of F v G [2021] EWCA Civ 622, The Court of Appeal granted leave to appeal to the mother, who argued that Special Guardianship Orders and Care Orders could not co-exist. This case
Independent research recommends Care Services are in urgent need of investment and reform.
The Case for Change, an Independent Review of Children’s Social Care Report investigated Child Protection Services in England. According to a BBC News article written by Alison Holt Social Affairs Correspondent (June 2021) the system is under
I have been told by the social worker that my care of my child has to be supervised. What does this mean?
Where the Local Authority have concerns about a person’s care of a child, they may commission various assessments of the person’s ability to care for them. The concerns may arise as a result of an injury to
My child is in care and I want more contact
Local Authorities have a duty to promote contact between a child in their care and the relevant parties under Section 34 of the Children Act 1989 – unless it is not reasonably practical or consistent with the
What do Social Services mean when they say my child is at risk of harm?
There are 4 main types of Harm that the Social Services may think your child is at risk of suffering or is already suffering. These 4 types are: Emotional harm, Physical harm, Sexual harm and Neglect. Your
Will my baby be removed from me at birth?
A recent study by Nuffield Family Justice Observatory found that the number of care proceedings in England which involved newborn babies increased by 20%. Between 2012 and 2020, the number of newborn babies subject to care proceedings
Does the Human Rights Act 1998 protect parents in Care Proceedings
The protection of your Human Rights is vital in all aspects of the Law. Article 8 of the Human Rights Act provides that everyone has the right to respect for private and family life. How is this
