Resolving disputes with local authority & social services

The local authority can only remove children from the family without parents’ consent by getting a court order. Care proceedings raise two fundamental human right; those of a right to a fair trial and a right to a private family life. As a parent in care proceedings you are entitled to automatic legal aid and representation in order to protect your human rights. Furthermore, court proceedings can be very traumatic and complex and require expert assistance.

The purpose of a case conference is to consider whether a child is suffering or is likely to suffer significant harm as a result of the care provided to them. All the key agencies and professionals involved with your family meet to share information regarding your child. Once this is established, the local authority and other agencies will decide what support they can provide to the child and family to reduce and eliminate the risk and it will formulate a plan as to when and how this support will be delivered.

The local authority has a duty to promote reasonable contact between you and your children. This could be anything from weekly visits to supervised contact at a children’s centre, unless it has obtained a court order limiting or terminating your contact. You should speak to the social worker and seek legal advice in order to challenge the local authority’s decision.

A supervision order places a duty on the local authority to advise, assist and befriend a child which can take many forms, such as one to one support or frequent visits to the child’s home. It also provides the local authority with the power to give effect to the order. Crucially, it does not give the local authority parental responsibility and they cannot remove the child without the consent of the parents or a court order.

A care order places a child in the care of the local authority until he or she reaches 18 or the order is revoked. This provides the local authority with parental responsibility in respect of the child and allows it to make decisions regarding the child’s upbringing, such as with whom the child is to live and to regulate contact. The local authority must consult with the parents and involve them in the decision making. It can only be made if the local authority satisfies the court there is evidence that the child/ren are suffering, or likely to suffer, significant harm attributable to the care they are receiving, and that it is proportionate and in the children(s) best interests they are made the subject of an order.

Where an application is made for a care order, the court may make a temporary order called an interim care order placing a child in the care of the local authority until it makes a final decision. The order provides the local authority with parental responsibility.

An interim care order allows the local authority to make decisions regarding your children until the final hearing, subject to certain exceptions, however, they must consult with the parents. The local authority will be able to decide with whom the child is to live.

This is an order allowing a child to be removed from their carers where there are reasonable grounds to believe that the child is at immediate risk of significant harm. It is an order “requiring exceptional justification”. So long as the order lasts the local authority will share limited parental responsibility with you and others who have parental responsibility. It will enable the local authority to make significant decisions regarding where your child lives and who he/she can see and when. An Emergency Protection Order can last up to eight days but this can be extended once by a court for up to a further seven days.