A practical course on local authority procedures, assessments and placements in private children law matters.
Hello. Welcome, everybody. I'm very pleased to welcome you to today's sessions. Who? Data law When I'm softer. Mahmoud are my solicitor on a lecturer today? They're going to speaking to you about local authority procedures, about assessments and also placements. On this session 11 of two sessions, we will be taking you through some of the key principles. Saran. In this field, we'll be looking at matters related to, for example, panels, adoption panels. The concept of parallel planning on also will be looking at matters related to care, planning in particular on reviews on placements in particular, I'm going to try and define somebody's terms that we use when we deal with this area off planning. So today this is session one of two. Today I'm going to be looking specifically at some of the terms that we use in this field. I'll explain to you what they are, How they work will be looking at matters related to the duties upon local authorities. In terms of assessments, assessments of parents and family members we'll be looking at fostering on also will be looking at the position, particularly with late family members coming forward on what the duties are in so far as assessments are concerned. There on this course is as off early September 2020 right? So first and foremost, we need to ask ourselves, but what we mean by somebody's thes terms that we use in public Children or cases. So, first and foremost, many of you will be familiar with the term of friends and family carer on What do we mean by that? Well, this is where there's a lot of guidance that's available. There's a Children at guidance put together principally by the Department of Education. There's a guidance in 2014, for example, in April 2014, the volume to guidance in particular, which you may want to look at, and that is very useful in terms of setting up somebody at various forms off definition. So, like I say, there's three Children at 1999 guidance on regulations. Its volume to called care planning, placement in case review on that particular one was updated in fact, in June 2015, if you wish to have a look at that, so that's very useful on described is consolidated at the Children Act 1989 Guidance and regulations, which was volume to care planning, placement in case review documents off March 2010. So there's a lot of things you could look at there in terms of what we mean by friends and family care. Effectively disease. As the title suggests, it's a relative or friend or some other person who has a pride connection with another person's child who's came for them or maybe came for them at the time. On linked with that, you've also got the concept of what's known as a connected person. And this is a term that's used a lot in the care planning, placement in case review regulations of both the ones in England on also the ones in whales on a connected person essentially is one who is a person who is a relative or friend or some other person connected with the child who may know that person in a baby professional capacity, such as maybe a child minder, a teacher or otherwise. But that's not exclusive. Andi. It could therefore be somebody who has some preexisting connection with that child on. Later we'll look at the duties that local authorities have insofar as looking at assessing connected persons, we then have a foster care on a foster care of first. Somebody who is a proved to be a local authority, a somebody who is approved by the local authority in order to, of course, meet the child's needs. So Children, which who may well be removed, maybe placed either with family members who may then be approved. US family, foster carers. So therefore you got connected persons who in the child may be placed with who may subsequently then be on approved foster care for local authority. And you may have non family members, somebody who is not related to a child who is a local authority foster care, for example, who may then be approved to look after a child. In those circumstances, we also have informal arrangements and Volume two of the Children. That guidance Stella mentioned refers to an informal arrangement is one whereby the child is living with friends and family but who do not have parental responsibility for a child away. The child is not looked after by the local authority in that regard, so it could be an informal arrangement where, say, for example, the mother is making arrangements for her child to be looked after by her own mother by the grandmother, for example, knows circumstances on. Then we've got the concept known as kinship place, but on a kinship placement. Although there's no strict legal definition of what we mean by kinship parent effectively, this is one whereby there is an arrangement with off the chart to be placed with the friends and family came in those circumstances which may then become formal, such as maybe fostering arrangement. Or perhaps it may remain as an informal arrangement. So that's where what we mean by kinship in that regard, right? So I mention the concept of a looked after child, and if we look at the position in England, in England, we have section 20 of the Children activate nine, the Welsh equivalent off that is section 76 off the social says season, while being Whales Act of 2014 on essentially looked after child is one who is either accommodated voluntarily through section 20 or one who may be subject to an interim care order or care order under Section 38 or Section 31 of the Children Act, and therefore looked after, say, in an alternative placement there are a range of duties that are old to Children who are looked after by the local authorities. So in England, for example, you have Part three of the Children Act, which contains a range of duties on powers for local authorities to enable them to support those Children who are looked after. A child doesn't even need to be looked after four a range of duties to be provided. So in England focus. For example, we have Section 17 of the Children Act, which is a duty imposed upon every local authority to safeguard and promote the welfare off Children in their area who are judged as being a child in need. So even if a child is not looked after, his not accommodate voluntarily is not subject to an interim care order or care order in place away from parents, there are still duties that local authorities or towards Children who are in need. But it looked after chart for the purposes of Section 22. Off the Children Act is one who is looked after either in care, like I say, either under nine interim care order or care order, or is one who is provided by accommodation. But a local authority in the exercise of its functions on this is where sometimes parents may consent to their child being accommodated. Technically, it's not consent that's provided. Technically, it's one where they don't object. So, for example, sometimes local authorities may utilize Section 20 subsection four, whereby they may then arrange for that child be accommodated in circumstances with apparent may be on the view that they feel that they couldn't look after Charles needs. But the local authority feel that in the circumstances, it would be better for the charter be looked after by local authority. And as long as the parenthood parent responsibility does not object, they could raise the objection under Section 20 subsection seventh and Section 20 subsection eight than that. Local authority in that situation may then go ahead Onda accommodate that child. We then need to ask ourselves what types of duties are placed upon local authorities, both in the public law outline, which is practice traction 12 a of which supplements the family procedures of 2010 and also the Children at guidance in relation to placement with her friends and family Careless on. This is where, as I mentioned earlier. It's worth having a look at Volume one and Volume two off the Children of guidance. The volume one is Theme one, which is headed court orders on pre proceedings for local authorities. Department of Education Guidance. Just a one off April 2014. On If you were to have a look at this, for example, this sets out specifically three expectations upon local authorities when you're looking at placement with friends and family carers on one of things that emphasizes, for example, is to local authorities need to certainly ensure that family members can contribute towards decision making where there are child protection and welfare issues. Why the family meetings such as, for example, family good conferences are an important way off engaging the family in those circumstances so that early support is available on information is available at that stage so that, if possible, hand insofar as is reason practicable, the child can remain at home or alternative placement within the family and friends options. So you can see, uh, the Children at guidance famous emphasizes that needs to ensure that family and friends options are considered at the earliest possible opportunity on. Then there's also of course, the revised P l O the revised Public law outline, which was updated on the 22nd of April 2014. Known as, of course, the public Low outline Practice direction 12 81 of the things that this emphasizes is when local authorities do large care proceedings and supervision order applications. There is a requirement not only to ensure that the local authority have, of course, should gather together as much relevant information as possible in terms of alternative friends of family options, but also those of you who actual parents. You'll be aware that there is an expectation upon a parent to ensure that they fill in and complete what's called the parent's response document on the parents response document is one whereby the parent needs to be providing placement proposals, including the identity off all our alternative friends and family options that they seek to be putting forward as potential alternative carers or as four back cares. So this is where there is a very heavy emphasis upon parents to ensure that through their lawyers, they're able to put forward family and friends options at the earliest opportunity. But as I mentioned the Children, that guidance does actually require this to even have been looked at pre proceedings to ensure that necessary assessments may have even been done before. One looks at commencing cap savings. So, like I say, there's all sort of statutory guidance. Volume two guidance of June 2015, for example, which famous emphasizes the need for early planning early assessments, even during the proper seeing stage, on the use of family good conferences to identify them. Family members very early on in the proceedings not only to assist in the means and the process through which assisting the parents in meeting the child's needs, but also to enable those family members to come forward for the purposes off being assessed. His potential care. Isas Well going forward either, as alternative care is or was maybe four back canvas in those circumstances, right? So what are the different legal options than there are available to place a child with parents and kinship care? So much friends, family, another persons Well, we've, of course, got the possibility of a child being placed with parents. So if a local authority were to intervene, for example, in a family's life, and then the primary duty should be in so far as is reasonably practicable to ensure that the child is returned in back into the care off the parent, uh, in those circumstances. So of course, parents return to placement with a parent, and that could be under maybe no order, for example, being made or possibly maybe a child. Arrangements are being made specially. Find out the child lives with their parents, so that could be a possibility. There's also the possibility of a child being place with a parent under the auspices of an interim care or care order, for example. So that is also possible. Therefore, that could be done. But if placement with a parent is not going to be feasible, then of course, we then have to look beyond that. And this is where they're looking at fucking outplacement with connected persons and other persons, friends, family and other person connected with the child. Now this is where then we look at the position with the care planning, placement on case review. England regulations to start off with those are the ones of 2010 which came into effect in April 2011. There are the worship prevalent also, they care planning, placement, a case review. Whales regulations also off. 2015 on How do these regulations don't fit in within the duties under sections 22 A. Through two f of the Children Act in terms off. Looking to see how when a local authority intervenes, how are they working towards the feasibility of having this child returned into the care off parents and if not with somebody who had a child? Arrangements living with order on, if not with, connected persons? Well, essentially, the way this would work is this. If let's say you've got a local authority who is intervening in the child's life, and so they started care proceedings on. Of course, one has to look at first and foremost the possibility of that shopping return into the care of the parents. That may be a possibility. There will be assessments that would be done on Day One is looking at the feasibility of the child, and we're returning into the care of the parents. But if on the facts that's not suitable or appropriate at that stage, then this is where we need to look at the position with placement friends and family cares. Now this is where in England we have Regulation 24 which is very heavily relied upon. A Regulation 24 as you can see here, provides that if the local authority is satisfied that the appropriate placement for Charlie's with a connected person that your friends, family or other persons so connected with a child but that person is not approved as a local authority foster care about a local authority. They are permitted, in fact, temporarily approve that person but for pairing not exceeding 16 weeks. But to do so to enable this temporary approval, there are two requirements which need to be met first and foremost on. Firstly, the local authority must assess the suitability off that connected person to care for the child as well as the suitability of the proposed accommodation. So we need to consider their suitability as well as the proposed accommodation, where its proposed that the child will be placed on also other people who are 18 years older who are members of the household in which it's proposed that the child would live on. To do so, they have to take into account the very detailed information set out within schedule four accompanying the care, planning, placement in case review, England regulations and those requirements in schedule four off would suggest very detailed. That's the first element. The second is the local thought would need to be satisfied that that particular temporary approval that placement that arrangement will save God and promote the child's welfare meet. The child's needs are set out in the plant, so that's the second element I need to exercise that discretion to be satisfied that this will meet the child's interests. So with that in mind, the shut your four information would then need to be put together on a local thought would then need to assess in the corners would be fostering services bags of 2011 before that temporary approved Lex, by so effectively, if the local authority were to temporarily approved, Let's say, the grandmother they could do so temporarily provided have taken into Canada information under Schedule four, and they exercise that discretion. They could do so for up to 16 weeks on. Then it is permissible for them to extend that for the for further eight weeks. But then they should be looking to then decide beyond that as to whether or not to approve the grandmother is, for example, of foster care. It is possible if she's not approved to then enable for her to seek. A review of that decision on the temporary approval can continue until the outcome off that review, but the Schedule four is very detailed. As I said, it says that a number of factors which need to be considered you're looking at the quality, the nature of the relationship that the child has with that person. You're looking at the capacity to care for the charge of looking at their ability to meet the child's needs. You're looking at their ability to protect the child from harm. You're looking at accommodation environment, given the chance particular circumstances, so you can see there's number of issues which need to be considered, and looking at that shed your four requirement. Now that then brings me onto the position with late family members come from coming forward. Sometimes you have cases where you will have family members who will be coming forward later on in the proceedings. Andi, for whatever reason, there may not have been put forward, or they may not have wanted to put themselves forward sooner on. This is where this case of L and others comes into play. This 2017 decision, this is one of the local authority had commenced kept ceilings, they were placed in foster care and alternative care is were, in fact, put forward. Mother had put forward various family members who in fact, had been assessed on the circumstances. On that there were viability assessments done to look at the feasibility off them. But all of these were negative and therefore were not recommending any of these potential persons is long term carers on. As the case progressed as the case progressed and you were working towards the final hearing, those members who had negative assessments then sought to challenge those on in fact sought further assessments. And also at this stage, the father had put forward his own father from overseas and wanted him to be assessed. So the question really the core had is where do we go with this? What happens if late family members are being put forward? Les trying to set of proceedings, what duties does the local authority? Oh, in these circumstances. And if you were to look at paragraph 12 of his judgment for example, on the facts. His Lordship did say here that very late challenges to viability assessments, as in this case or the very late identification of family members is only going to be Constance by the family court. If there is exceptionally good reason as to why that person hasn't hit the to come forward and as long as that assessment does not have an adverse effect upon a timetable for determining the future of Children. So unless you can establish this, the court would not countenance further assessment. So you can see this case is very much emphasizing the point that I'll be making nearly about need to identify family members very early on, even before proceedings through use of the family. Good conference food through child protection conferences through identifying family members, those persons need to be put forward. They need to be assessed a earliest possible parents need to ensure that they put forward a family and alternative care is in that parents response document that I mentioned when we commenced Cape ceilings on assessments need to be done very early on, Otherwise you're going to be in this situation whereby people are being put forward at last a day later, Stage in the proceedings on That's Where You're then faced with whether or not assessment will be allowed to happen, bearing in mind the potential delay to the child concerned on linked with that. It was then another later case of re hate care and adoption, which also raises the issue as to whether local authorities required by statute otherwise too fat. Notify family members of the existence of a subject, child or system when it not even been proposed by parents as potential alternative cares. And in fact, when I don't even want them to be assessed. So that's the other situation we're here. The case involved a child with a plan was a looking to be potentially one of adoption on, even though the mother had put forward family certain family members ultimately, uh, they were not considered suitable. Ondas for Father. He didn't wish to put his family members forward. He somewhat found it embarrassing that he himself was involved in his cape ceilings, and in any event, he felt that his family members wouldn't be suitable. So he was seeking for D chart to be placed for adoption. But the question what I was being asked is, How far does a local authority you have to go for this with this? Do they? Are they bound by statute or guidance so otherwise to notify the family members were The father himself is specifically saying that he doesn't wish for them to be informed. So what the local authority did is they applied under what's called part 19 off the family procedures of 2010 well by they were seeking a new invitation from the court as to give give a view as to whether or not theme the family members were to be notified. It not. And although his Lordship said that the various provisions set out are strong indications of the importance of wider family engagement on, As I said earlier, the need to therefore look at engagement from a very early on in the process, which is I set out in your Children activated 90 Adoption Children Act, the regulations, the practice directions as we mentioned, even though all of these contemplate do engagement of family and friends options from a very early, very early stage, His lordship did say that none of them absolutely require or place a duty upon a local authority to inform, to consult, to assess or otherwise considered family members in circumstances such as they saw, there isn't a positive duty to assess at all costs and, in fact, whether to inform the family or not. One has to look at a number of factors to see whether or not it would be appropriate to do so. So some of the factors, his lordship said in Paragraph 49 which would need to be considered in deciding whether not to notify the family, would be there will be cases where, for example, there is There's a history of domestic abuse of family abuse, so that may be unsafe for the child apparent off the wider family to be involved in the life of a child. There would be cases where maybe there's cultural or religious considerations, which affect whether the family should be informed or not. There may be cases where the mental health or well being of the parent or parents may imperil. Be imperative disclosure world. So you could see that Paragraph 49 his lordship was giving some very it's significant reasons as to why sometimes it may not be appropriate Thio informed a wider family. So therefore whether the local authority on the local authority and the court are too informed by the family or not, shouldn't just be under, say, solve the parent. One has to weigh up a number of these factors in their own right. Okay, so you can see in this session of covered a number of issues, they're looking at the different types of turns. When we're looking at parallel planning and importance of parallel planning from a very early stage in the next session, I'm going to be going through this in more detail with you looking specifically at plans related to adoption, for example and also some of the recent changes that we've had in England as a result of the impact of the covered 19 pandemic. Thank you very much indeed. Andi, I speak to you next time. Thank you. Bye. For now.
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