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 Local Authority is contained within Section 34 and is around contact with a child who might be in the care of the Local Authority.   

What does the Law say?

Section 34(1) of the Children's Act of 1989, the child must have reasonable contact with:

• Parents.
• Guardian.
• Any person who held a Residence Order or Child Arrangement Order for residence immediately before the Care Order was made.
• Any person who had care of the child under Wardship immediately before the Care Order was made. A Warship occurs when the High Court believes a child is at such a risk and needs protection, which cannot be provided by those with parental responsibility, then a child is made a ward of the Court. Meaning the Court will have responsibility over the child and no decisions can be made without the Court’s permission.

Children Services have a duty to promote contact with wider family members such as grandparents and siblings, in the absence of any Court Orders.

Research shows that most children want contact. At Johnson Astills Solicitors, we know that having your child in Local Authority care can be difficult for all parties [1] and knowing the rights you have as a parent or the child, and what duties the Local Authority have will help.

If your child is in the care of the Local Authority, they may contribute to or cover all of your travel expenses if you do not have the money to travel to contact.

Types of Contact

There are many different types of contact available. Direct contact through in-person meetings, which may be overseen in a contact centre, is one type of contact, while non-direct contact takes the form of letters, emails, or phone calls.

If your child is subject to ongoing care proceedings, interim contact should be set up. The level of interim contact is typically higher than under a final Care Order

What if you are unsatisfied with your contact?

There are various choices to consider if you are dissatisfied with the amount of contact permitted with a child in care. You might request a written statement from the social worker outlining the causes behind the present degree of contact. This will clarify the Local Authority's position about the contact procedure and prevent the Local Authority from later adding further reasons. You can also express, in writing, the type of interaction you would like to have with the social worker. If it is in the child's best interest, you may request a different type of contact.

If none of the aforementioned options satisfy your worries about the lack of contact, you can ask the Court for an Order, which may allow you to have contact with the child in foster care. This is different from a Child Arrangement Order and is covered by section 34 of the Children's Act of 1989. If you fall into one of the carer categories listed in the second paragraph of this Article, you may submit an application.

The Court will evaluate whether maintaining reasonable contact with the child is in their best interests. In order to give the child a sense of security and to maintain their identity and heritage, the Court recognizes the significance of regular contact.

The Local Authority has the ability to stop all contact if it is deemed in the best interests of the child, but only by obtaining a Court Order. There is an exception, though, in cases where there has been a serious incident or when the quality of the contact has declined significantly over time.

How can we help?

We appreciate how distressing this situation can be and for this reason, our Care Team at Johnson Astills Solicitors can offer advice, assistance, and representation at all stages of the Local Authority’s involvement including assistance in relation to contact.

Should you require our assistance then please email us at careteam@johnsonastills.com or call us at either our Leicester Office on 0116 255 4855 or our Loughborough Office on 01509 610312 and ask for a member of our Care Team to discuss your options further.