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
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
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
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
When the Local Authority become involved due to concerns regarding a parent’s care of a child / children, it can be a very challenging time for the family. Many people feel that they wish to escape so
What is a Care Order in my Care Proceedings case? A care order gives the local authority parental responsibility for the child. The court may make an interim care order so that arrangements can be made to
You may choose to share the location of your Will with your family members or perhaps you keep a good record in your files. However, family members may not remember what you have told them or are
In August and November 2019, I wrote articles considering whether Special Guardianship Orders required reform. The case of Re P-S (Children) [2018] EWCA Civ 1407 spurred the need for change. Developments continue within this area of law. Recently,
The duration of Care Proceedings in Court has increased since the beginning of the lockdown and has reached the longest length since the 26-week target rule was introduced in 2014, despite the number of cases being issued
If social services have asked you to leave the family home, it is usually because they have safeguarding concerns about your presence within the household. This request can be stressful and confusing, but it is essential to
There are two types of investigations, a Section 47 investigation, and a Section 17 investigation. Within 24 hours of suspected harm being reported it is the Social Workers decision in regards to what investigation is required. They
What can I do in these circumstances? Parents often ask this question when seeking advice from our Care Team: When Social Services become involved with parents in relation to concerns about their child, they sometimes ask one
The Local Authority are likely to want to complete a risk assessment where they consider there to be a likelihood of a significant risk of harm to a child. Where there are concerns around domestic violence in
The Local Authority (also known as Social Services) often become involved with families where there are concerns about the care being afforded to any child within a home. However, sometimes the Local Authority are approached by parents
The Local Authority can become involved in your family life for a number of reasons. This may be because they think you or someone else in your family may have done something to harm the child/children. They
Depending upon the extent of the involvement by the Local Authority, you may be eligible for free legal help under three levels of public funding Legal Help Level 1, Legal Help Level 2 or Full Representation. The
The issue of smacking a child as a form of punishment or as a way to control a child’s behaviour is a contentious subject which divides public opinion. The issue has recently hit the headlines after Scotland
The Local Authority have concerns about drug use and excessive use of alcohol around my children – what should I do? Worried family members, professionals or members of the public may notify the Local Authority of concerns
During the first lockdown due to Covid-19 in March 2020, there was an alarming rise of 20% of accidental injuries in children under 12 months old. According to Ofsted, these children were either seriously injured or killed
It goes without saying that the Covid-19 pandemic has had a significant impact in virtually every aspect of our lives. Arguably, one of the most significant changes for us at Johnson Astills, and for our clients, is
The simple answer is yes. Your information can be disclosed and shared between proceedings governed by the 2013 protocol and good practice model. In Care Proceedings, there is a form Annex D that the Local Authority will
Due to the COVID-19 pandemic and the subsequent lockdown, Family Court hearings moved to remote hearings which take place over the telephone or via a video platform to allow for social distancing restrictions. Initially, all major hearings
Legal practitioners in the field of childcare law will be aware that Covid-19 epidemic has significantly challenged the family justice system. This article covers the issues around contact with a child in care and the legal principles,
Care Proceedings begin when the Local Authority believe that your children have suffered or may be at risk of harm. The Local Authority will ask the Court to look at your situation and decide if the Local
During this time of uncertainty, many questions are being raised about all aspects of our day to day life. Following the announcement of the Prime Minister on Monday 23rd March 2020, the country is effectively in “lock
A person’s human rights are protected under the Human Rights Act 1998 and the European Convention on Human Rights. The protection of a person’s human rights is paramount in all aspects of law, and this is of
The UK has seen a rise on the use of Drones for both fun and commercial use. However as a result of new laws being brought in, people found flying drones above 400ft and within a kilometre
At Johnson Astills we are alert to technological innovation and the implications this has with the criminal law. Professional and amateur use of drones has increased significantly over the last few years, but it is increasingly coming
Nitrous Oxide, or laughing gas, is well known for its euphoric and pain relieving effects as it is widely used as an anaesthetic in medicine and dentistry; it is even used in catering for whipped cream canisters.
A Secure Accommodation Order can be made under Section 25 Children Act 1989. This Order allows children’s services to place a Looked After Child under the age of 16 in secure accommodation, on welfare grounds, if one
The President, Sir J Munby has issued new guidance in relation to s.38(6) assessments and the recent decisions and indications relating to the reforms are important in gaining an understanding as to their implementation and practical effect
The President of the Family Division has issued guidance on Transparency in Family Courts published on 16/1/14 to ‘immediately and significantly’ change the way cases are reported. There have been criticisms that the family courts are too
