CHILD CARE PROCEDURES

SECTION 6 - COURT WORKD. URGENT ACTION TO PROTECT CHILDREN

D.URGENT ACTIONTO PROTECT CHILDREN
1.LAW

Children Act 1989 S43 -48

2.GUIDANCE
Children Act 1989 Guidance and Regulations -
Volume 1: Court Orders [2008] Chapter 4: Protection of Children.
3.INTRODUCTION
3.1All Directorate staff likely to be involved in initiating care proceedings should be familiar with the Children’s Wellbeing Model Threshold Guide – “The Windscreen”.
  • If there is reason to suspect that a child is at risk of harm, but the level of risk cannot be assessed because the parents refuse to cooperate, staff should consider applying for a child assessment order (*).
/ *6D5,
6D6
  • If it is clear that the child is at risk of significant harm, and that the risk is sufficiently pressing that it would be inappropriate to leave the child at home while working with the parents/carers to raise standards, staff should consider an immediate application for an interim care order (*).
/ *6D8
  • If a child appears to be at imminent risk of serious harm, staff will need to consider applying for an emergency protection order (*).
/ *6D7
  • If the risk is so great, and the need for action so urgent, that applying for an emergency protection order would involve an unacceptable delay, staff should consider inviting the police to exercise their power to take the child into police protection (*).
/ *6D4
4.POLICE PROTECTION
4.1Information about the grounds for taking a child into police protection, the effect and duration of police protection, and the duties of the police and the local authority is set outin Appendix2. / *Appendix 2
4.2If a child appears to be at immediate risk of serious harm, the police may take the child into police protection. As soon as possible after doing this the police will notify the local authority, and they will normally ask the Directorate to find a suitable placement. In responding to that request staff will give preference to a family and friends foster placement, while bearing in mind the nature of the risk to the child’s welfare and/or safety.
4.3On receiving notification that a child has been taken into police protection the area team will initiate s47 enquiries, unless such enquiries are already in progress. / CA1989 s47(1)
4.4As soon as possible after a child has been taken into police protection, the team manager and the police should jointly decide whether an application for an emergency protection order is necessary and, if so, which agency should make the application. This decision must be made quickly as any such application must be made before the period of police protection expires. Guidance on applying for an emergency protection order will be found in Chapter 7. / *6D7
5.REFUSAL TO COOPERATE WITH ASSESSMENT
5.1If there is reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm, but the child’s parents/carers refuse to co-operate with an assessment, this may be grounds to apply for a child assessment order or an emergency protection order.
Evidence
5.2The social worker should consider the evidence that the child is at risk of significant harm. The court can make either of these orders if there are grounds to suspect a risk of significant harm -
  • The suspicion must be based on clear evidence; but

  • It is not necessary to prove that the child is at risk of significant harm, only that there is a need to assess whether the child may be at risk.

5.3The social worker must be clear about the extent of the refusal to cooperate -
  • Who refuses to cooperate?

This must be the child’s parent/carer – if the child refuses to consent to an assessment, and is competent to do so, these orders cannot be used to force them to comply.
If any other person holds parental responsibility for the child, it may be helpful to approach them and seek consent for the assessment.
  • What is the extent of refusal?

Has the responsible worker been allowed to see the child? To speak to the child? To speak to the child alone? Is any other professional allowed to see and speak to the child?
  • How long has this been going on?

When was the child last seen? By whom and in what circumstances? How long has there been concern for the child’s welfare?
  • What exactly does the Directorate want to do that is being blocked by the parents/carers?

  • What evidence can be produced to show that the parents/carers have refused to cooperate?

5.4The social worker must be clear about the degree of urgency -
  • Practitioners should understand that non-urgent does not mean unimportant;

  • Urgency is defined by timing rather than degree of risk – it depends on when the child is likely to suffer harm rather than how great the harm is likely to be.

  • One difference between the conditions for making a child assessment order and the conditions for making an emergency protection order is that the emergency protection order is suitable for situations of greater urgency.

  • When there are concerns about a child, and parents/carers refuse access to the child to all professionals, the matter may become urgent because of the duration of the refusal.

Choosing the court order
5.5When parents refuse to cooperate with an assessment, and it appears that court action is necessary, the social worker and team manager must decide which order to apply for-
  • Information about child assessment orders is in Appendix 3 and the procedure to be followed is in Chapter 6 below.
/ *Appendix 3
* Chapter 6
  • Information about emergency protection orders is in Appendix 4 and the procedure to be followed is in Chapter 7 below.
/ *Appendix 4
* Chapter 7
6.CHILD ASSESSMENT ORDER
6.1Information about the grounds for making a child assessment order, and the effect of the order, is set out in Appendix 3. / *Appendix 3
6.2An application for this order should be considered if –
  • The child does not appear to be at risk to the extent that removal from their parents’ care is necessary; and

  • An assessment is needed to enable the Directorate to decide what action to take; but

  • The parents have refused to cooperate.

Planning
6.3The social worker and team manager will consider the following questions:
  • Are the grounds for the order(*) met?
/ * Appendix 3
  • Is there any reason to believe that there is an immediate risk of significant harm if the child is not removed from the care of their parent/carer?

If there is, an application should be made for an emergency protection order (*). / *6D7
  • What information is already available?

If there is already enough information to initiate care proceedings, then do so, and fill in any gaps during the proceedings.
  • What assessment is required?

What decisions do you need to make? What information do you need in order to make these decisions? Provisional arrangements for the assessment must be made before applying to court.
  • Will this assessment require the child to be removed from home?

Where will the child be placed and for how long? Who will pay for this? Who needs to approvethe placement? Have they been alerted?
  • What action is likely in response to the findings of the assessment?

The arrangements for the assessment should include arrangements to consider its outcome and to decide on action in response to the findings.
  • What will the Directorate do if the order is granted but the parents refuse to comply with it?
For example, if they refuse to produce the child for assessment. This would probably justify an application for a care order or an emergency protection order. / CA 1989 Guidance Vol. 1 Para. 4.22
  • What alternatives have been considered and why have they been rejected?

6.4The team managerand social workerwill decide whether an application for a child assessment order is the appropriate action. It may be appropriate at this stage to approach the parents/carers again to check whether they are willing to cooperate now that court action is a real possibility.
Evidence and information
6.5The social worker will draw together the evidence in support of an application. This will consist of:
  • The reasons to suspect that the child is suffering, or is likely to suffer, significant harm;

  • The reasons why an assessment is needed;

  • Whether the child is of sufficient understanding to make an informed decision about the assessment and, if so, whether she/he consents to the assessment;

  • The reason why an assessment is unlikely to be satisfactorily completed without a court order; and

  • Full details of the assessment planned (See next paragraph).

6.6The details of the assessment must include:
  • The names and qualifications of the persons who will be undertaking the assessment;

The social worker must obtain their consent and details of their availability before making the application.
  • Details of how the assessment will be undertaken;

  • The name of the person who will co-ordinate the assessment;

  • The dates between which the assessment should be carried out;

This will depend on the availability of the persons and resources involved.
  • Whether the child should be removed from home for all or part of the assessment period.

If so, state why it will be necessary, for how long it will be necessary, and what arrangements will be made for contact between the child and other persons during this time.
Consultation with Legal Services
6.7The social worker will discuss the proposal, and the evidence in support of it, with Legal Services, who will advise on making the application.
7.EMERGENCY PROTECTION ORDER
7.1Information about the grounds for making an emergency protection order, and the effect of the order, is set out in Appendix 4. / *Appendix 4
Assessment of alternatives
7.2Any worker who believes the grounds may apply to a specific child should consider all the alternatives to an application for an emergency protection order. These might include: / CA1989 S47(1)
  • Input of supportive services by the Directorate and/or other statutory and voluntary agencies;

  • Mobilising support available within the family or in the community;

  • Enabling a suspected abuser to leave the household, temporarily or permanently;

The Directorate would need some assurance that it will be informed quickly of any attempt to return to the household.
  • Enabling a relative or friend temporarily to take over care of the child;

This would be an informal arrangement: the option of admitting the child under s20 and placing with a relative or friend will not normally be available as the urgency of the need will not allow for assessment and approval of the foster carer. This assumes a high degree of trust in the relative/friend - the Directorate must be satisfied that they are able to resist pressure from the parents to return the child to their care.
  • Voluntary admission of the child to local authority accommodation under s20 of the Children Act 1989;

  • Application for a child assessment order (*); or
/ * 6D6
  • Direct application for an interim care order (*).
/ * 6D8
7.3The worker should discuss the issues with the team manager, and come to a decision about the best method of safeguarding the child’s welfare in the short term.
Evidence
7.4When deciding whether the grounds for an emergency protection order are met, the team manager and social worker will consider the evidence that:
  • The child is at imminent risk of harm;

  • The harm would be serious;

  • Separation of child and parent is necessary in order to secure the child’s safety; and

  • An emergency protection order would be a proportionate response to the situation.

What attempts have been made to find alternative arrangements that do not involve separation?
7.5The social worker will discuss the evidence with Legal Services. If Legal Services do not agree that the grounds for making an emergency protection order are established, the consent of the Area Manager is required before proceeding any further.
Preparation
7.6An emergency protection order is an extremely harsh measure: the court will need to be convinced that there are exceptionally compelling reasons to make it -
  • The evidence must establish that the child is in imminent danger and that separation of the child and parent is necessary in order to secure the child’s immediate safety.

  • The evidence must be full, detailed, precise and compelling.

  • An emergency protection order must be the least interventionist response to address the need.

  • If the real need is for assessment, then the Directorate should apply for a child assessment order (*).
/ * 6D6
In these circumstances an application for an emergency protection order is only justified if the parents have refused to comply with a child assessment order in circumstances which raise serious concerns for the child’s immediate welfare.
  • The parents must be given adequate prior notice of the application.

  • The social worker should be prepared to assure the court that if the order is granted the Directorate will exercise its powers in such a way as to ensure that parent and child are separated for no longer than is necessary.

This implies that the need to separate the parent and child will be kept under continuous review while the order is in force.
  • The social worker must be able to state the Directorate’s plans for ensuring that the parents can have reasonable contact with the child.

7.7The court will often hear the application for an emergency protection order on oral evidence, but if any written evidence is available, the social worker should produce it. In particular, if there have been any child protection conferences, the court will expect to be provided with a copy of the minutes of the most recent conference.
7.8Directorate staff should be prepared for the possibility that the court may make an order that remains in force for less than 8 days – this is the maximum length, and the court will not make an order for longer than is absolutely necessary to protect the child.
Identifying a placement
7.9Before making the application the social worker will make arrangements for the child’s accommodation if the order is granted.
Approval
7.10The social worker should seek the approval of the Area Managerbefore making the application.
Additional clauses
7.11Appendix 4 gives details of clauses that can be added to an emergency protection order, and Appendix 5 gives details of the exclusion requirement that may be attached to the order. The team manager and social worker will consider whether any of these might be appropriate to the needs of the child. If so, the social worker will notify Legal Services. / *Appendix 4
*Appendix 5
Application for an exclusion requirement
7.12If it seems appropriate to apply for an exclusion requirement the social worker will identify one or more persons in the household who would be able to care for the child. She/he will discuss with the team manager how this would safeguard the child’s welfare and whether it could put the carer at risk.
7.13An exclusion requirement is unlikely to safeguard the child’s welfare unless the relevant person has somewhere to stay other than at the child’s home. If it is not clear that he/she can make suitable arrangements for accommodation while the emergency protection order is in force, the social worker should discuss the situation with him/her. The Directorate can assist in this, including contributing toward the cost of accommodation. / CA1989
Sch2 Para5
7.14If the social worker and team manager agree that the possibility should be explored, the social worker will discuss with the prospective carer whether she/he would be willing to (continue to) care for the child. The worker must ensure that the carer understands that an exclusion requirement cannot be made without their consent and that they must give this either orally in court or in a signed, written statement. The worker must also ask the prospective carer whether she/he feels that such an arrangement would carry particular risks for the child and for the carer.
7.15The social worker will discuss the proposal with Legal Services.
7.16Unless the prospective carer is to give oral evidence of consent, the worker will obtain her/his signature on a written statement that:
  • She/he is able and willing to give the child the care which it would be reasonable to expect a parent to give him/her, and

  • She/he understands that the giving of this consent could lead to the exclusion of the relevant person from the dwelling house in which the child lives.

7.17The social worker must draw up a separate statement of evidence in support of the application for an exclusion requirement.
Final checks
7.18There is a checklist in Appendix 6. / *Appendix 6
If the order is made
7.19If the court makes an emergency protection order, staff should be aware that: / CA1989
s44(5), (10)
  • The Directorate must keep the case under review day by day to ensure that the parent and child are separated for no longer than is necessary.

  • The order gives very limited parental responsibility to the Directorate – it can only take actions which are necessary to safeguard and promote the child's welfare while the order is in force.

  • If the plan is to apply for an interim care order, the application must be made before the emergency protection order expires.

8.INTERIM CARE ORDER
8.1The Directorate may apply for an interim care order while an emergency protection order is in force or may make an immediate application instead of applying for an emergency protection order. The court may make an interim care order if it is satisfied that there are reasonable grounds for believing that the chid is suffering, or is likely to suffer, significant harm, and that this is attributable to the child receiving inadequate care or being beyond parental control.
8.2The difference between the grounds for making an interim care order and those for making a full care order is that before making a full order the court must be satisfied that the grounds are proved: before making an interim order it must only be satisfied that there are reasonable grounds to believe that they will be proved.
8.3The Directorate should consider making an immediate application for an interim care order where a child appears to be risk of serious harm in the near future -
  • If the child is at imminent risk, an application should be made for an emergency protection order, to be followed by an application for an interim care order if appropriate. .

  • When the risk is not imminent the Directorate would normally issue a letter before proceedings (*) and work with the parents/carers to reduce the risk.
/ * 6C5
  • An immediate application for an interim care order should be made when swift (but not necessarily immediate) intervention is necessary.

8.4When deciding whether to apply for an interim care order, the social worker and team manager should consider the evidence -
  • What is the evidence that the child is suffering, or is at risk of suffering, significant harm?

  • What is the evidence that the harm, or risk of harm, is attributable to the child not receiving a reasonable standard of care?

  • What is the evidence that leaving the child at home while trying to raise the standards of care would pose an unacceptably high risk to the child’s safety or welfare?

8.5If the Area Manager has approved the initiation of care proceedingsit is not necessary to obtain separate approval to apply for an interim care order.
8.6A legal planning meeting should be arranged (*). If the need to remove the child is urgent, the social worker may ask Legal Services to expedite the legal planning meeting. / *6C3 - 4
8.7The papers required for the application are:
  • An application form C110, completed in draft;

  • The social work chronology;

  • The interim care plan;

  • The core assessment (if available); and

  • Any other available papers which appear to be relevant (for example a child protection plan)

Templates for the social work chronology, the initial social work statement and the interim care plan will be found in the PLO database under Pre-Care and Care Proceedings D: Social Worker Court Documents.
8.8The social worker will take the papers to the allocated lawyer in Legal Services, who will revise and complete the Application Form.
8.9Before making the application the social worker will make arrangements for the child’s accommodation if the order is granted. Preference must be given to family and friends fostering if an appropriate arrangement can be made, bearing in mind the nature of the risk to the child’s welfare and/or safety.
If the order is granted
8.10If the court makes an interim care order on an immediate application or following an emergency protection order, Directorate staff should then follow the procedure for care proceedings from the Chapter on The First Appointment (*). / *6C9

APPENDIX 1