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 General Questions
What kind of Orders can Social Services apply for?
If the Social Services department believe
a child is at risk, they may apply to the Court for the following orders:
 Supervision Order
This would mean that although the child stays with the parent, Social Services have the power to supervise
how the child is cared for. This Order lasts for up to one year unless an extension is asked for.
Care Order
This would
mean that the child is taken into the care of the Local Authority and
they would have Parental Responsibility
for the child.
Emergency Protection Order
If Social Services feel that a child is in immediate danger they could apply to the
court for an Order
which would either remove the child from the care of the parent
(s) or Order that the child stays where
they are (for instance if they are in hospital
Prohibited Steps Order
This order would most likely be made alongside a Care or Supervision Order and
would prevent a person felt to be a danger to the child from being near the child
without the Court's
consent.
Exclusion Orders
This Order requires that a person who is believed to be a danger to a child leaves
the living accommodation
of that child. This Order is likely to be made in respect of
a parents partner.
Contact Order
This Order would be made by the Court either during Care Proceedings of if the
parent applied to the Court
after proceedings. It would set out the details of
contact between the parent and child and the type
of contact (i.e. whether it is in
person or over the telephone etc).
Interim Orders
These are temporary Orders which
are sometimes made at first or second hearings.
For instance there can be an Interim Care Order where a child is taken into care for
a set period of time, an Interim Supervision Order where a child is supervised for a
set amount of time
and so on.
What are
the Local Authority and what responsibility do they have for children?
The
Local Authority are a body of Councillors elected by inhabitants of a local government area. They have the following
duties in relation to the welfare of children:
They must give advice, guidance & assistance to prevent a child from having
to be received into
care;
They may work with voluntary associations and give assistance, including
financial assistance,
They must look after the children that come into their care;
They must support children in need;
They must also supervise the welfare of foster children and children under a
Supervision Order;
They must maintain an adoption service and to report to the court in respect
of non-agency
adoption applications, Contact Applications, Residence
Applications, Prohibited Steps Orders & Specific Issue Orders.
What is a Child Protection Case Conference?
This is a meeting to see if the
child in question could be protected without a Care Order being made. This could be achieved by providing the family
with support. People such as the child's teachers, doctors and other agencies that are involved with the child will
be invited to the meeting.
What
grounds do Social Services have to show to the Court before a Care Order is granted?
They have to show the following:
That the child is suffering or is likely to suffer significant harm; and
That the harm or likelihood of harm is due to:-
a. The care given or likely to be given to the child is not what would be reasonable
to expect a parent to give to a child; or
b. The
child being beyond parental control i.e. the parent is not able to control the
child.
The Courts must be satisfied
that these grounds have been shown before making the Order.
What do the Court have to consider before making an Order?
The Court have to take into account the Children Act 1989 which states:
The child's welfare is the main consideration;
In considering the welfare of the child the court must apply standard factors;
The Court must also bear in mind the presumption that any delay in deciding
matters is likely to affect
the welfare of the child; and
The Court must not make an Order unless it considers that making it would be
the
better for the child than making no order at all.
Note: this is a basic version of the section of the Act as it is fairly detailed. If
this part of the Act is relevant to your case we can discuss this with you in greater detail.
Who
will be involved in the case?
It
is likely that the following will be involved in the case:
Representative of Social Services
There will be a particular Social Worker involved with the case.
Childrens' Guardian
The Court will usually appoint a Guardian to represent the child throughout the
case.
Childrens' Solicitor
The child will also have a Solicitor who will work with the Guardian and will represent
the child throughout
the proceedings.
Parents' Solicitor
The parent is entitled to have
a representative for all aspects of the proceedings.
If the parents are no longer together they
will have separate solicitors.
Other Agencies
Throughout the case other parties
may be involved. These can range from
agencies such as Sure Start to Family Advice Centres or
can be health
proffessionals such as doctors, teachers, psychiatrists, psychologists etc.
Other parties interested in the Childs' welfare
Other parties may apply to be "joined to the proceedings" and it is up to the court
whether or not the application is agreed. These parties could be for instance
grandparents of the child or prospective adoptive parents.
What is a Guardian and what is their role?
A Guardian is a person who acts for the child in the proceedings. The Guardian will
usually appoint a Solicitor who will also represent the child.
They will try to find out as much as possible about the situation and meet the child
to try and ascertain
what their wishes and feelings are. They will also meet with all
parties concerned and review all
information such as local authority files, medical
reports, teachers reports etc.
They will take into account a child's wishes if they are old enough to provide them. A Guardian has rights of access to examine/take copies of Local Authority records
relating to the child
or indeed the records of any other organisation, for instance,
the NSPCC which may be relevant.
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