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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 difficulty which impairs their...
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 widely in the media. Before an...
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 are undertaken. These assessments are...
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 parental responsibility suspended upon...
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...
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 Supervision and Care Orders. The judgement provides a summary...
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. It does not mean a child has been adopted. However,...
A Special Guardianship Order is an order that can appoint one or more individuals to be a child ’ s ‘ Special Guardian ’ . They are typically made when a parent or carer can no longer care and is made pursuant to the Children Act 1989 and...
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 a duty on the Local Authority to support the...
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 with relatives, and this can be...
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 the first evidence presenting the repeated return of mothers to...
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 is to seek intervention from the Court....
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 thought they may be unable...
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 friends or family and this can be supported...
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 may live with foster carers on a short or...
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 Local Authority is contained within Section 34 and is around...
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 without the...
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 hearing is in a simple manner. To...
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 the Local Authority...
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 place with the...
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 from the Court, there could be one last...
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...
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 this timeframe, and this...
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 persons who have...
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, sexual, or emotional...
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 children’s lives and believe that they...
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 has been 349 applications...
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 conference can also be...
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 can...
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 prior to their...
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 safe care for the child....
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 removed (i.e. from a home address)...
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 leave a certain place....
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. In Family cases...
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 which will be further explored within this...
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 a duty to support young people who have been subject to a...
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 for the children who follow in...
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 2025, compared to 2015. If these trends...
A BBC article dated 26 th 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 when the Local Authority become...
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 meet basic...
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 give you advice about the issues discussed. ...
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 the risk of this type of abuse has...
Written agreements and safety plans are intended to provide clarity about the way that the Local Authority and your family will work together to ensure that your children remain safe whilst in your care. A safety plan is usually a personalised document...
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 was in relation to twin girls F and G. Prior to their...
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...
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 the child, the carer’s mental...
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 child’s welfare. If your child is...
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 child can be referred to Social Services through a...
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 rose from 2425 to...
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 right maintained in Care Proceedings for parents where the...
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 that they do not have to deal with any...
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 look after the child until the court makes a...
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....
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 falling in 2019. Care Proceedings...
When the Local Authority have safeguarding concerns about a person within a household, they may ask them to leave the family home away from the children and other adults within the home to allow for various safeguarding assessments to be completed. The Local...
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 will decide one of...
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 parent to leave the family...
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 a relationship, allegations of sexual or physical...
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 who feel that they are...
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 can also become involved even if you do not give...
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 lowest level of Local Authority involvement...
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 introduced a law banning the smacking of...
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 about parents or carers...
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 by a parent/carer. In...
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 that court hearings for Family and...
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 complete and send to the police to...
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 such as final...
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, which govern it. The...
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 Authority should be granted a legal Order to...
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 high significance in Care...
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 secret...
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 in the cases...
Social services may have to help if you are homeless and you come under one of the following criteria; you are under 18 you are leaving care or you’re under 21 and have previously been in care you are an elderly person you have physical or mental...
Adoption applications are made for children by prospective adopters after care proceedings. Birth parents think this is the “be all and end all” for their children and they cannot oppose an adoption application. This is not the case. Once a...
In recent months, many parents have found themselves in a position where they have been denied legal aid. In the recent case of D (A Child) [2014] EWFC 39, Sir James Munby, the President of the Family Division said that there are only certain proceedings...
The national action plan for tackling child sexual exploitation, published on 23 November 2011, brings together for the first time actions by the Government and a range of national and local partners to protect children from this largely hidden form of...
CAFCASS (Children and Family Court Advisory and Support Services) reported last week that in the month of January 2012 Local Authorities in the UK have made 903 applications to the court for Care Orders in relation to children who they believe to be at risk...
The law relating to children is contained primarily in The Children Act 1989 which came into force on 14 th October 1991. The Act introduced dramatic changes in the law relating to children in that public law (matters with social services involvement)...
Recent cases in the Court of Appeal and the Supreme Court have looked at the way the issue of non-consensual adoption should be considered by the Courts. The first of these important judgments was given in Re B. (Re B (A Child) [2013] UKSC 33) The Supreme...
Ofsted released their first Social Care Annual Report for 2012/13 on the 15th October 2013 which identified that 1 in 7 Local Authorities has been reported to be ‘inadequate’ and some child safeguarding services are struggling to meet even...
Given the need to protect the children involved in family proceedings, hearings are held in private and journalists are not allowed in. Judgments can be publicised with names kept anonymous; it is the facts of the case the legal argument and the...
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