Taking Children Into Care

When will a local authority take a child into care?

When the local authority believes a child is being neglected.

Neglect involves ongoing, serious failure to meet a child's basic needs and can include:

  • not taking a child to see a doctor when they need to.
  • not giving the child enough to eat or drink.
  • not keeping the child clean.
  • when the local authority is worried that the child has been, or is likely, to be abused either by their parents or carers or other people they know.

Abuse includes:

  • physical abuse, which is about inflicting pain or injury to a child and also includes giving a child harmful substances, such as drugs,  alcohol or poison.
  • sexual abuse, when a child is pressured, forced or tricked into taking part in any kind of sexual activity.
  • emotional abuse, when a parent or carer behaves in a way that is likely to seriously affect the child’s emotional development. This can include constant rejection; continual, severe criticism and witnessing domestic violence.

The Children Act 1989 lays down the circumstances under which it is appropriate for a child to be taken into care or a supervision order made.

In order to determine whether these criteria are met, a thorough fact-finding exercise must first be carried out.

One common difficulty arises when the proceedings to take a child into care are based on an expectation that the child may be harmed in the future, rather than on the basis of harm having been done to the child in the past. In such cases, the local authority is required to prepare a clear written analysis of the facts on which the authority’s decision to apply to take the child into care is based.

This analysis should be divided into three stages:

  1. an establishment of the primary facts;
  2. an assessment as to whether the criteria outlined above are met; and
  3. an overall assessment of what action is likely to be in the child’s best interests.

What is the Public Law Outline (PLO) process?  

When a Local Authority is concerned about a child's welfare or safety, they may commence the PLO process.  The PLO process is a last opportunity for parents to improve parental care before care proceedings are issued.  If the Local Authority intends to start the PLO process it will send the parents a 'letter before proceedings' which outlines the main concerns, the help that has been provided so far, and will confirm a date and time for the PLO meeting.

What happens at a PLO meeting?

This meeting is attended by the parents and their respective legal representatives, social worker, Local Authority solicitor and team manager.  The team manager will explain why the PLO has been started and the support that can be offered by Social Care.  Social Care will run through the concerns outlined in its letter to parents and give an update as to what has happened.  The parents will have the opportunity to respond.  Social Care will expect the parents to sign up to a written agreement as to what they, and Social Care, agree to do.  A date for a further meeting will be set to allow progress to be reviewed and to decide whether the PLO process needs to continue.

Do I need a solicitor at a PLO meeting?

If you receive a letter inviting you to attend a PLO meeting it is important that you seek legal advice immediately. 

If you are a parent or have Parental Responsibility you will be entitled to Legal Aid which means you qualify for free legal advice and representation.  Pickerings Solicitors has a team of specialist children law solicitors who are very experienced in advising in these matters.  We understand the process and can help you to communicate your points and concerns in a clear way.  We can support you throughout the process and advise you on the implications of your actions and any agreements that you are being asked to enter into.  For urgent advice call us on 01827 317070 or email family@pickerings-solicitors.com

What happens after a PLO?

After the meeting, a date for a future meeting will be set to give parents the opportunity to show how they have engaged with the process and whether any changes have been made.  If parents have made enough progress by the first review meeting then they will come out of the PLO process and the lawyer will not be involved further.  However, this is unusual and it is more likely that there will be another review period followed by a final review meeting.  If parents can show that they have made the changes required then they will come out of the PLO at this stage.  

How long does a PLO process last?

It usually lasts for about 3 months but may take longer.  At the first court hearing the court must check that the PLO work has been done.  The PLO also makes clear that care proceedings should be completed within 26 weeks.  The judge can extend this 26 weeks deadline if necessary in order to resolve the matter fairly.

What happens if court proceedings are issued?

If the Local Authority believes that parents have been unable or unwilling to make the changes required for the well-being and safety of the children it may decide to issue court proceedings.  If there is a great risk of harm to a child they may do this immediately.  

What happens at a Court Hearing?

The judge will look at the reports, and listen to everyone involved in the case, including the child, the parents, solicitors representing parents and children, the social worker and the Children and Family Court Advisory and Support Service (CAFCASS) officer.

If the judge decides that they’re safe, the child will go back home. If not, the council will find them a new home. That may be with other members of their family, friends, a new family or a children's home.

There may be several court hearings before the final hearing.

What is a Care Order?

A care order is given by a court. It allows a council to take a child into care. Under The Children Act 1989 a council can apply for a care order if it believes a child is suffering or at risk of suffering significant harm. The court decides if the child can be taken into care.

Care orders last until:

  • the child’s 18th birthday
  • an order is made giving parental responsibility to another person - e.g. through adoption
  • the court lifts the order (this is called ‘discharging’ the order)

A child can be taken into care if they are under 18.

The care order gives parental responsibility of a child to the Local Authority.  The Local Authority can decide where the child lives and is educated, and make other health and parenting decisions.  

What is a Supervision Order?

This order means that the Local Authority must supervise the child's well-being but the family typically remain in control of the child.  The Local Authority is not given parental responsibility under a Supervision Order.

What is a Special Guardianship Order? (SGO)

This order gives overall parental responsibility for the child to a Special Guardian.  This usually means that the child is cared for by another relative or the extended family.  Special guardians should take independent legal advice on this role.  This is something that our team can advise on, contact us on 01827 317070 or email: family@pickerings-solicitors.com

What is a Placement Order?

A court can grant a Local Authority a Placement Order which means that the Local Authority can place the child for adoption.  A Placement Order proceeds an Adoption Order which would remove all parental responsibility from the parents.

What is CAFCASS?

CAFCASS stands for the Children and Family Court Advisory and Support Service.

In care proceedings, a Children’s Guardian from CAFCASS represents the rights and interests of the child. They spend time getting to know the child and their family before the hearing.

The Children’s Guardian will appoint a solicitor for the child, advise the court about what needs to be done before it can make a decision and write a report for the court saying what would be best for the child – including the child’s wishes and feelings.

The Children’s Guardian spends time with the child and their family before they write their report for the court. They may also talk to other people who know the family, like teachers, social workers and health visitors.

They attend meetings about the child, check records and read the council’s case file. They may also recommend to the court that other independent professionals help the court with advice, e.g. a doctor or a psychologist.

CAFCASS workers are independent - they don’t work for the council or the court.

There is more information on this topic on the CAFCASS website. Call Richard Westley for advice on your care issue on 01827 317070 or email family@pickerings-solicitors.com