Family
Local Authority Care Work
We represent both parents and children who are the subject of Care Proceedings. We are able to offer objective and professional guidance at this very distressing time.
What is a Care Order?
The effect of a Care Order is that the Local Authority would share Parental Responsibility with any other person who has Parental Responsibility. The Local Authority can then define how Parental Responsibility is exercised. A Care Order does enable the Local Authority to remove a child from their current carers. The Local Authority, however, do have a duty to consider other family members first before placing a child with foster carers. The Local Authority have a duty to rehabilitate children back to their parents wherever possible.
Whilst a child is the subject of a Care Order, the Local Authority have an obligation to arrange contact with the parents/carers of the child and a general discretion in relation to other family members.
What is the Threshold Criteria?
A Court shall not make an Interim Care Order or Interim Supervision Order unless it is satisfied that there are reasonable grounds for believing that the circumstances with respect to the child are as mentioned in section 31(2) of the Children Act 1989. The circumstances in section 31(2) are: “a court may only make a Care Order or a Supervision Order if it is satisfied –
- that the child concerned is suffering, or is likely to suffer, significant harm; and
- that the harm, or likelihood of harm is attributable to –
- (i) the care given to the child or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or
- (ii) the child's being "beyond parental control.”
This is called the “Threshold Criteria”. Harm is widely defined by the Children Act legislation. The Local Authority only have to establish “reasonable grounds” and a “likelihood of harm” to obtain a Care Order on an interim basis. An Interim Care Order is commonly referred to as a holding position pending the outcome of further investigation. Under the Public Law Children Protocol, cases should be resolved within 40 weeks.
The Court are under a duty to consider making no order in children proceedings. There are, however, options available other than a Care Order. This includes a Supervision Order or a Residence Order to another family member whilst the Local Authority carry out their assessments.
What is a Supervision Order?
A Supervision Order under the Children Act 1989 is an order which places a child under the supervision of a designated Local Authority and places the appointed supervisor under a duty:
- to advise, assist and befriend the supervised child;
- to take such steps as are reasonably necessary to give effect to the order; and
- where the order is not wholly complied with, or the supervisor considers that the order may no longer be necessary,
- to consider whether or not to apply to the court for its variation or discharge.
If care proceedings are issued, we assist parents in accessing supportive service/agencies to obtain the best result for the child.
Public Funding is automatically available to parents and children involved in care proceedings. Public Funding may be available to other family members subject to financial eligibility. We are able to advise on this over the telephone.
Contact: Iona Phillips or Sam Counsell