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In discharging any of their responsibilities, Section 6 Human Rights Act 1998 now requires all "public authorities," e.g. Children's Services, Health, Police, Courts etc., to act toward children and adults in ways which are compatible with the European Convention for the Protection of Human Rights 1950 (commonly known as the European Convention).

This chapter describes the role of the Corporate Legal Services Social Care Team (Social Care Legal Team) with respect to Children's Services staff and in what circumstances and how legal advice, support and representation must be sought.

Contents

1. Accessing Legal Advice
2. Instructions
3. Role of Social Work Staff in Respect of Court Work
4. Emergency Protection Applications
5. Non Urgent Legal Planning
6. Recovery Orders
7. Exclusion Requirement
8. Child Assessment Order
9. Family Assistance  Orders
10. Section 8 Children Act 1989 Orders
11. Investigations Directed Under Section 7 Children Act 1989
12. Investigations Directed Under Section 37 Children Act 1989
13. Investigations as a Result of Emergency Protection of Children (Section 47 Children Act 1989)
14. Care and Supervision Order Proceedings
15. Contact Issues
16. Secure Accommodation Orders
17. Adoption
18. Education Supervision Order
19. Disclosure of Information
    
    Appendix 1: Legislative Framework
    
    Appendix 2: PLO Flowchart

1. Accessing Legal Advice

Click on Legal Services/ Social Care Legal Team for up to date contact details of the Social Care Legal Team.

2. Instructions

"Instructing Officers" (Team and Senior Team Managers) have authority to initiate legal work and to incur the associated expenditure. Where the application relates to the proposed removal of a child, the application must be authorised by a Head of Service.

The main types of cases around which advice can be sought or instructions given:

• General advice on case specific matters
• Section 7 and Section 37 Children Act 1989 (Reports directed by the Court in private law proceedings))
• Section 8 Children Act 1989 Orders
• Special Guardianship Orders
• Section 47 Children Act 1989 enquiries
• Children Protection Case Conferences
• Child Assessment Orders
• Emergency Protection Orders
• Recovery Orders
• Care and Supervision Orders
• Section 34 Children Act 1989 (Contact Orders)
• Secure Accommodation Orders
• Adoption and Placement Orders
• Criminal Injuries Compensation Authority Claims
• Disclosure of Children and Families Case files

Where the Children's Service is supporting an application by another person, the person should be advised to seek independent legal advice, e.g. for a Residence Order, Special Guardianship Order or an Adoption Order. The Social Care Legal Team can advise social work staff but cannot give direct advice to the applicant. It should be noted that the applicant may incur costs. The Authority's responsibility to fund legal costs for prospective adopters and special guardians are provided for in the relevant regulations.  A list of local Family solicitors is available from the Social Care Legal Team.

Urgent requests for legal advice can be made by telephone (Contact Details can be found in Section 1, Accessing Legal Advice); however, the Social Care Legal Team may request confirmation of instructions in writing. All referrals to the Social Care Legal Team should be put in writing in the agreed format (see Forms Library/Court Business)

Any other procedures or matters, including policy issues, should be referred to the Principal Lawyers of the Social Care Legal Team (Contact Details can be found in Section 1, Accessing Legal Advice).

3. Role of Social Work Staff in Respect of Court Work

The Social Care Legal Team usually complete legal application forms save for adoption forms.

The role of day time Social Work staff in respect of Court work is to:

• Fully brief and instruct staff from the Social Care Legal Team and continue to do so for the duration of the case.
• Inform the Social Care Legal Team of those persons with Parental Responsibility parents and significant others.
• Prepare statements, Court Care Plans and Social Work Chronologies.
• Discuss with the Social Care Legal Team appropriate "Directions" which should be applied for in proceedings.
• Attend Court to instruct lawyers unless otherwise agreed.
• Provide necessary evidence in support of any applications to be made to the court

4. Emergency Protection Applications

June 2009: The whole of this section substantially amended

For guidance on making applications and recent case law, see Emergency Protection Order Guidance/Case Studies.

4.1 Emergency Protection Orders During Normal Working Hours

Emergency Protection Orders enable the child, in an emergency, to be removed from where he is or to be kept where he is, but only if, this is necessary to provide immediate short term protection. The court has confirmed that the child must be in 'imminent danger' and that the EPO is proportionate and necessary in order to safeguard the child and that no other form of order is available to promote the welfare of the child. The court will require full, detailed, precise and compelling evidence that the situation is sufficiently serious to justify an EPO. The social worker must always seek advice from the social care legal team when considering whether to make an application for an EPO.

There is an alternative ground where the Authority's enquiries under S47(1)(b) Children Act 1989 are being frustrated b access to the child/ren being unreasonably refused and access is required as a matter of urgency. (frustrated access).

Where the need for an Emergency Protection Order (EPO) is apparent to a social worker between 9.00 am and 5.00 pm Monday to Friday, the social worker must seek authority from their relevant Head of Service before contacting the Social Care Legal Team. This should be sought as early as possible.  If agreed the social worker must then discuss the evidence with a member of the Social Care Legal Team (See Section 1, Accessing Legal Advice).

Consideration should always be given to the need for an EPO if a child is subject to Police Protection. The Social Care Legal Team should be informed as soon as reasonably practicable that a child has been taken into Police Protection and a copy of the authorisation should also be sent to them by fax on 0208 489 3599.

If the evidential requirements are satisfied, the Social Care Legal Team will contact the Justice's Clerk's Office at the Family Proceedings Court to alert the Court to the possible application for an EPO.

4.2 Application on Notice or Without Notice (Ex Parte)

The social worker should consider whether the application should be made "on notice" or "without notice",having regard to the test set out in Re X, see Emergency Protection Order Guidance Section 2: 7.2 Re X[2006] EWHC 510 (Fam).

The courts usually require that parents /those with parental responsibility are given 24 hours notice of the application but can give permission (leave) for shortened notice. In unusual or 'wholly exceptional' cases the court may allow an application without any notice where there are 'compelling reasons' for believing that the child's welfare would be compromised by giving notice.

The Social Care Legal Team will arrange legal representation in respect of EPO applications and will make arrangements for the notice of the application to be served upon the appropriate parties unless the application is to be made without notice.

The social worker should also consider whether any of the following "Directions" should be applied for under the EPO:

• Whether the court should include an 'exclusion requirement' excluding a person from the home in which the child lives (see Section 7, Exclusion Requirement).
• Authorisation or prohibition of medical, psychiatric and other assessment of the child (see below).
• Contact with parent/s and others (see below)
• Disclosure of whereabouts of child.
• Authorisation to enter and search for the named or other child.
• Assistance by a registered Medical Practitioner.

The social worker, accompanied by their manager should then attend Court and the application for an EPO must be made having regard to the 14 key points set out in Re X, see Emergency Protection Order Guidance Section 2: 7.2 Re X[2006] EWHC 510 (Fam).

An EPO is limited to a period of 8 days, with a possible extension of up to a further 7 days but no EPO should be made for any longer than is strictly necessary to protect the child.

4.3 Children's Guardian

The Court will consider the appointment of the Children's Guardian when the application is made.

The Children's Guardian is a person who acts for a child in most public law proceedings.

The role of the Children's Guardian is to safeguard the interests of the child and to report to the Court on anything s/he considers in the child's best interests. The Local Authority must consult with the Children's Guardian prior to any proposed significant change in the child's circumstances.

4.4 Notifying Parents

A copy of the EPO and any explanatory information should be delivered to the parent/s, and those with the actual care of the child if different, by the social worker on the same day as the Order is made.

4.5 Emergency Protection Orders Outside Working Hours

This section should be read in conjunction with Section 4.2, Application on Notice or Without Notice (Ex Parte) and Emergency Protection Order Guidance/Case Studies.

The Duty Court Clerk  will be contacted and s/he will consider whether permission ( leave )should be given for  the  EPO application  out of hours to be considered by a magistrate.

In all cases the following details will be required:

Name and designation of the caller

• Child's name and date of birth, if known
• Brief details of the nature of the application, e.g. sexual or physical abuse, neglect, etc.
• Details of injuries and description of circumstances
• Parent/s full details and any other person with parental responsibility
• Details of other siblings
• Current risk to the child/ren
• Telephone number where further contact can be made

The social worker must attend as directed by the clerk, probably at the Magistrate's home, ensuring they have their Haringey ID badges, with such information as is available about the child on completed C1 and C11 forms (see Forms Library/Court Business - button on left hand side of the screen)

The social worker should also take a blank Emergency Protection Order form to be completed by the Magistrate.

The Social Care Legal Team will present the case for the Local Authority.

The Magistrate may consider any evidence, including reports and information not directly known to the social worker, e.g. a reported conversation with others such as a Doctor or Health Visitor.

Consideration must be given to the need for a "Warrant" which would authorise Police assistance (including reasonable force) or for the need to include specific Directions about medical/psychiatric or other examination.

4.6 Action Following Obtaining of EPO

In order to remove the child, the social worker, accompanied by a colleague and/or where appropriate by Police, should (ensuring they have proper identification):

• Visit the home/relevant location
• Explain the situation to the parent(s) and seek their co-operation in removing the child.
• Where relevant inform other parties that any person who obstructs the child's removal or retention at a safe place is committing an offence.

Where the EPO gives Directions authorising the entry of premises specified and a search for the children named in the Order, the social worker should act accordingly.

An EPO does not sanction the use of force for the purposes of entering and searching premises.

If entry to the home or access to the child is refused, or if it is likely that the social worker will be prevented from exercising the powers under the EPO, renewed legal advice must be sought about an application for a Warrant.

Where the child is found to be safe consideration MUST be given to leaving the child where he is. Discussion between the social worker and the Team Manager MUST take place in these circumstances.

4.7 Information for Parents and Children

Social workers must explain to parents and where possible the child, what action they are taking and why, and should refer to the explanatory notes on the reverse of the EPO.

4.8 Medical, Psychiatric and Other Assessments

If it appears that the child may have injuries or otherwise appears to be in poor health, s/he should be taken for a medical examination, preferably to the Accident & Emergency Department at The North Middlesex Hospital Trust, Sterling Way, Edmonton, London N18 1QX.

Subject to their expressed views the child should be assessed in accordance with any direction of the Court.

The child must be informed about how any examination or assessment will be conducted beforehand and be accompanied by the social worker and/or any other appropriate professional.

4.9 Contact

There is a general duty on the local authority to allow the child reasonable contact with his parents, any person who is not a parent but has Parental Responsibility, any person with whom the child was living before the order was made and any person with whom a contact order is in force.

The Social Worker must consider what contact arrangements, if any, should be made during the EPO. The social worker must actively discuss the issue of contact with their line manager taking into account whether the contact should be supervised, the nature of the allegations and the person against whom they have been made, any ongoing police investigation, any risks posed to the child and any other factor which the social worker considers relevant.

If it is necessary to arrange supervised contact, see Supervised Contacts Procedure.

For other, non supervised contact procedures, see Contact with Parents and Siblings Procedure.

Arrangements for contact must be driven by the needs of the family, not stunted by lack of resources'.

4.10 Care of Child

Social Workers must provide clear instructions about direct and indirect contact to the foster carer, details of any medical examinations which the child must attend, together with details of the child's school and any other relevant information to enable the foster carer to appropriately meet the needs of the child whilst they are in placement during the EPO.

4.11 Warrants

Warrants authorise the Police, using reasonable force if necessary, to assist the social worker in exercising powers granted to him/her by virtue of an EPO (see Section 48 Children Act 1989).

Decisions to apply for a Warrant should be taken by the Social Worker in consultation with the Team Manager or Social Care Legal Team.

4.12 Legal Planning Meetings

Also see Legal Planning Meetings Procedure

Where an EPO is granted, it is recommended a Legal Planning Meeting be convened by the end of the next working day. The purpose will be to instruct the Social Care Legal Team as to whether further orders are necessary to safeguard the child and co-ordinate the collation of evidence.

Social workers must attend this meeting with case records, which must be up to date and include a full social work Chronology. It is essential for the following staff to attend this meeting:

• Team or Senior Team Manager (Chair)
• Social worker
• Social worker's Supervisor if different
• Lawyer
• EDT staff, as appropriate
• N.B. Any staff, or other agency workers, e.g. medical personnel with substantive evidence should provide the relevant information to the social worker for the meeting. The legal planning meeting is privileged so that legal advice is provided confidentially to those workers employed by Haringey only.

4.13 Challenge to Emergency Protection Order

Where the person wishing to make the challenge was not present at, nor given notice of, the hearing, an application to discharge an EPO can be made by:

• The child.
• Child's parent/s.
• Any person with parental responsibility for the child.
• Any person with whom the child was living immediately before the Order was made.

If an EPO is extended (i.e. by up to 7 days) a challenge cannot be made during the period of the extension.

If an EPO is challenged, the Social Care Legal Team will present the case for the Local Authority.

The social worker and his/her manager will discuss with the legal team whether an application for an Interim Care Order should be made whilst the EPO is in force.

5. Non-Urgent Legal Planning

June 2009: Section 5.2, Initiating Legal Proceedings substantially amended, Section 5.3, PLO Meetings new

5.1 Child Protection Conferences

A member of the Social Care Legal Team attends all Initial Child Protection Conferences unless it is agreed with the Team Manager that attendance is not required

All Child Protection Conference reports should be sent to the Principal Lawyers, whether or not a member of the Social Care Legal Team will be in attendance at the Conference (Contact Details can be found in Section 1, Accessing Legal Advice)

It is good practice to inform parents that a Local Authority Solicitor will be in attendance.

5.2 Initiating Legal Proceedings

June 2009: This section was substantially amended.

For guidance on the Public Law Outline, see Public Law Outline Procedure.

The Public Law Outline which came into force on the 1st April 2008, sets out the framework of action which should be considered by a local authority when considering whether or not to initiate proceedings for a care or supervision order.

Please refer to the Appendix 2: Pre Proceedings Flowchart

Prior to proceedings being initiated, a Legal Planning Meeting should be convened with a member of the Social Care Legal Team and attended by the social worker and the Team (or Senior) Manager who will Chair the meeting (see Legal Planning Meetings Procedure).

If the decision of the legal planning meeting is that proceedings should be commenced, the local authority must in accordance with the Public Law Outline, immediately notify that decision to the parents and others with Parental Responsibility for the child by a 'Letter before Proceedings' (see Forms Library/Court Business) "using language and methods of communication both in writing and orally that will be understood by them". The precedent should be adjusted to fit the particular circumstances of the case. With the exception of those cases where urgent court action is needed to safeguard the child, the local authority should liaise with the parents and those with Parental Responsibility to with a view to considering what steps if any can be taken to avoid proceedings. It also enables the parents to gain access to pre-proceedings legal help.

In particular the local authority should consider whether the parent or other person with parental responsibility appears to have the capacity to instruct their solicitor or whether the Official Solicitor should be involved.  The test for capacity is by reference to the Mental Capacity Act 2005.

Where any affected child is of sufficient age and level of understanding the intention to initiate care or supervision proceedings must also be explained to him unless to do so would exacerbate any significant harm they are suffering or likely to suffer.  If parental consent to this is withheld such information can only be provided after the commencement of proceedings and the Children's Guardian will then have a role to play.  Cafcass should be notified of the prospect of care proceedings at the point that the parents are notified but identifying details of the child should only be disclosed to Cafcass with the parents' consent.

In some cases, due to the scale, nature and urgency of the local authority's safeguarding concerns, the local authority may consider that it is not in the child's best interest to send the Letter before Proceedings or utilise the pre proceedings PLO process. In such cases the local authority's application to the court will need to make explicit the reasons for any missing documentation or absent steps.

A record of the meeting must be completed and a copy placed on the case file.

In addition, this meeting should record:

• Date proceedings to be initiated or the timetable for the PLO process and PLO meeting with parents is to take place.
• Date by which statements, Court Care Plan and Court Chronology are required.
• Date by which interim care plan will be produced.
• Other tasks to be carried out and who is responsible for them.
• Dates and need of further meetings.
• Dates for completion of any core assessments if not yet completed.
• Specialist assessments needed for proceedings.
• Need to involve Fostering, Adoption or Leaving Care Services.

The local authority should obtain and consider legal advice on:

• The Threshold Criteria
• The Welfare Checklist
• That the making of an Order would be better for the child than making no order at all
• The Care Plan for the child which will identify how the child's short term needs will be met and set out any longer term plans.  In those cases where the identified permanence option is for the adoption of the child, consideration should be given to applying for a Placement Order at this stage if the parents are unlikely to give their consent to placement
• The Court to which the Application should be made
• Whether to ask the Court to make an Interim Care or Supervision Order and what Directions should be sought in relation to assessments

5.3 PLO Meeting

June 2009: This section is new.

The parents (and any others with Parental Responsibility) on receipt of the Letter before proceedings are entitled to non means tested legal aid from a lawyer which covers liaison and negotiation with the local authority. 

Following receipt of the letter before proceedings, a meeting will take place between the parents (and their legal representatives) and the local authority. The local authority should provide in writing a revised plan for the child setting out what the parents and the local authority are to do to safeguard the child and the steps that the local authority will take if this action is not effective.

If despite the meeting following the Letter Before Proceedings, the local authority continues to be concerned that the child is suffering or is likely to suffer significant harm, the local authority should commence care proceedings in respect of that child

5.4 Ongoing Legal Care Planning Meetings

These are to be convened throughout the proceedings as required, their frequency depending upon issues such as the complexity of the case or the Department's representation by Counsel.

5.5 Final Hearing Legal Care Planning Meeting

These may  be convened at the request of the team manager prior to the Final Hearing to ensure all is in hand, normally six weeks before the Final Hearing or a week before the deadline for final evidence.

Click here to view Summary of Legal Planning Flowchart

6. Recovery Orders

Where it appears to the Court that there is reason to believe that a child to whom this section applies:

• Has been unlawfully taken away or is being kept away from their responsible person
• Has run away or is staying away from the responsible person and
• Is missing

the Court may make an order for the recovery of the child.

Where the relevant criteria are satisfied, the social worker in consultation with the Team Manager must consider an application for a Recovery Order (s.50 Children Act 1989).

The social worker and a member of the Social Care Legal Team will need to prepare evidence to support any such application which will be presented orally.

6.1 Execution

The social worker must accompany the Police to the premises specified and produce proper identification as required. 

7. Exclusion Requirement

On the making of an EPO, Section 44A Children Act 1989 makes provision for the exclusion of a person from a house in which a child lives where this would protect the child. There must be another adult in the home who can care for the child and who consents to the Exclusion Requirement.

Where the Court makes an Interim Care Order (ICO) and the conditions are satisfied, the Court may include an exclusion requirement in the ICO.

Undertakings are promises made to a Court to do or not do certain things

If the Court accepts an undertaking it is enforceable as if it were a Court Order. It will cease to have effect if, whilst it is still in force, the Local Authority removes the child from the home from which the relevant person is excluded for a period of more than 24 hours.

The Social Care Legal Team's advice must be sought about any situation where the above measures seem relevant.

8. Child Assessment Order

The Child Assessment Order (CAO) under Section 43 Children Act 1989 enables a compulsory assessment of a child to be made where significant harm is suspected, the child is not thought to be at immediate risk and the parents have refused to co-operate.

The Court must be satisfied that an assessment of health and development is required to find out if the child is suffering or likely to suffer significant harm and that a satisfactory assessment is unlikely without the Order.

The social worker must discuss with the team manager if the grounds for an EPO are made out. The court in any event can treat an application for a CAO as an application for an EPO if the circumstances regarding imminent harm are made out.

The duration of the Order is limited to 7 days and it cannot be extended. It cannot be renewed without the permission of the Court, until a 6 month period has elapsed.

9. Family Assistance  Orders

A Family Assistance Order (FAO) under Section 16 Children Act 1989 aims to provide short term help to a family to overcome problems and conflict associated with, for example, the separation or divorce of parents.

An FAO permits the Court to make an Order requiring the Local Authority to make an officer available to advise and assist and (where appropriate) befriend any person named in the Order. It can be ordered for a period of up to 12 months.

10. Section 8 Children Act 1989 Orders

Section 8 Orders provide the means for enabling or constraining particular aspects of the exercise of parental responsibility. The Local Authority cannot apply for a Section 8 Order which deals primarily with private law disputes regarding residence and contact. However, the Local Authority can become involved via Section 7 and Section 37 Directions.

Comprehensive guidance on their meaning, effect and about who is entitled to apply or seek leave to apply is provided in the Department of Health Children Act Guidance and Regulation Series Volume 1.

11. Investigations Directed Under Section 7 Children Act 1989

Within Section 8 Children Act 1989 private law proceedings, the Court may direct a Local Authority to provide a Section 7 report on matters relating to the welfare of the child, but where there is no risk that the child may be likely to suffer significant harm.

Upon receipt of notification of a S.7 Direction the Social Care Legal Team MUST be informed immediately and a copy of the notification forwarded to the Social Care Legal Team. The Local Authority is not a party in Section 7 cases and staff will not ordinarily have legal representation. However, Section 7 reports must be sent to the Social Care Legal Team for approval and filing with the Court at least 2 working days before the filing deadline.

Staff should seek guidance from their manager and the "Legal training for Social Workers" document regarding the format of a Section 7 report. If there is cause to suspect that the child/ren is at risk of harm then staff should immediately discuss this with their manager for consideration of further action for to safeguard or promote the child's welfare.

Staff must file their report with the Court and attend the Court hearing to provide evidence if required.

12. Investigations Directed Under Section 37 Children Act 1989

Section 37(1) Children Act 1989 states that in any family proceedings in which a question arises with respect to the welfare of any child where it appears to the Court that it may be appropriate for a Care or Supervision Order to be made with respect to him, the Court may direct the appropriate Local Authority to undertake an investigation of the child's circumstances.

The social worker undertaking such an investigation must consider whether it is necessary to:

• Apply for a Care or Supervision Order in respect of the child;
• Provide services or assistance for the child or his family; or
• Take any other action with respect to the child

Where it is decided by the social worker and Team Manager that it is not necessary to apply for a Care or Supervision Order, it will be necessary to inform the Court of the following:

• Reasons for the decision;
• Any service or assistance which has been provided, or it is intended to provide for the child and his family; and
• Any other action which has been taken, or it is proposed should be taken, with respect to the child.

It is also necessary to determine whether a review of the case should be held, and if so, on what date.

It is important to note that when the Court makes a direction under Section 37(1) Children Act 1989 Section 38(1)(b) of the Children Act 1989 provides that the court may decide for itself to make an ICO or ISO in respect of the child.for the duration of the Section 37 investigation even before the Authority reports to the court about whether it is necessary to apply for a care or supervision order.

The information directed is required by the Court within 8 weeks unless otherwise directed by the Court.

If any difficulty is anticipated in complying with this timescale, the Social Care Legal Team must be notified without delay and briefed as to a date by when the required work can be completed.

Unless or until a decision is made to initiate Care/Supervision proceedings, the Local Authority is not a party and social workers will not ordinarily be legally represented.

13. Investigations as a Result of Emergency Protection of Children (Section 47 Children Act 1989)

The Duty Officer must make such enquiries as s/he, in consultation with the Duty Manager, considers necessary to enable them to decide whether they should take any action to safeguard or promote the child's welfare if they receive a referral relating to a child who:

• Is subject of an Emergency Protection Order, or
• Is in Police Protection, or
• Whom staff have reasonable cause to suspect is suffering, or is likely to suffer significant harm, or
• Has contravened a ban imposed under the Crime & Disorder Act 1998.

In the case of a curfew contravention the enquiries must begin as soon as practicable and in any case, within 48 hours of the Local Authority receiving the information.

The details of the procedures to be observed are contained in the London Child Protection Procedures, available from the relevant button on the left hand side of the screen. 

14. Care and Supervision Order Proceedings

Best Practice Guidance: Please see 'Preparing for Care and Supervision Proceedings Guidance'.

A Care or Supervision Order should be sought only when there appears to be no better way of safeguarding and promoting the welfare of a child who is suffering, or likely to suffer, significant harm.

14.1 The "Threshold Criteria"

Section 31 Children Act 1989 provides that a Court may only make a Care or Supervision Order if it is satisfied:

a.	the child concerned is suffering, or likely to suffer, significant harm, and
b.	that harm or likelihood of harm is attributable to: the care given to the child, or likely to be given to him if the Order were not made is not what it would be reasonable to expect a parent to give him; or the child is beyond parental control.

"Harm" means ill-treatment or the impairment of health or development including , for example, impairment suffered from seeing or hearing the ill-treatment of another.

"Development" means physical, intellectual, emotional, social or behavioural development.

"Health" means physical and mental health.

Ill-treatment includes sexual abuse and forms of ill-treatment which are not physical.

Where the question of whether harm suffered is significant turns on the child's health and development, his health or development shall be compared with that which could reasonably be expected of a similar child.

No Care or Supervision Order can be made in respect of a child who has attained the age of 17 (or 16 in the case of a child who is married).

The Court may on application for a Care Order make a Supervision Order or vice versa.

14.2 Applications

Where a Care or Supervision Order is necessary, applications should be part of a carefully planned process. The social worker should ensure that the case is referred to the Haringey Safeguarding Panel - see Safeguarding Panel Procedure.

Advice from the Social Care Legal Team must be sought at the earliest opportunity.

To initiate Care Proceedings, the following documentation will be required:

• Statement, Court Care Plan, Court Chronology and Letter Before Proceedings ( if applicable), any previous orders, initial or core assessments, s7 or s37 Reports, single, joint or inter-agency material, records of discussions with family, Key LA minutes and records for the child (including Strategy Discussion record), Child in need plans, Care Plans and Child Protection Plans, Case Conference reports and minutes.
• Copy of the narrative of the Emergency Protection application, if applicable
• Schedule of proposed findings (to be prepared by Social Care Legal Team).

Before any decision to initiate proceedings, the social worker should (depending on the assessment of risk to the child/ren:

• Have clear evidence that services provided for the child and his family (which may include accommodation) have failed or that there is evidence of insufficient or no cooperation from the parents with the Authority's plans.
• Have established that there is no suitable person prepared to apply to take over the care of the child, e.g. via a Residence Order or Special Guardianship Order.
• In the case of a Supervision Order, to be satisfied that the child agrees, or is likely to agree, to co-operate with the requirements of the Order.

Further information about the criteria for, duration and effect of Care and Supervision Orders, contact issues and variation and discharge is provided in the Department of Health Children Act Series.

15. Contact Issues

Section 34 Children Act 1989 imposes a duty upon the Local Authority to promote reasonable contact with:

• The child's parents
• Any guardian of his
• Any person who held a Residence Order immediately prior to the making of a Care Order.
• Any person holding an Order of the High Court immediately prior to the Care/Supervision Order being made.

In consultation with the Social Care Legal Team, an application for a Contact Order to determine and prescribe level of contact between child and relevant others may be made at the time of the Care Order application or thereafter.

A Contact Order can be used to authorise the Local Authority to refuse contact between the child and any of the persons with whom the Local Authority would normally have a duty to allow contact or where in "urgent circumstances" such an Order is required to safeguard and promote the child's welfare.

Refusal of contact in "urgent circumstances" may only last for a maximum of 7 days and the social worker should consider whether it is necessary to apply for a Contact Order to authorise the Local Authority to continue to refuse contact after this period.

15.1 Notifications of Contact Arrangements

Under the Contact with Children Regulations 1991, the Local Authority must send written notifications in respect of contact to the following persons:

• The child (if of sufficient understanding)
• Child's parent/s
• Children's Guardian if involved
• Any person in whose favour a Residence Order was in force in respect of the child immediately before the Care Order was made
• Any person who had care of the child immediately before the Care Order by virtue of an Order made under the inherent jurisdiction of the High Court
• Any other person whose wishes and feelings the Local Authority consider to be relevant.

Written notifications must be sent in any of the following three circumstances:-

1. Where a decision is made to refuse contact "in urgent circumstances for a period of up to 7 days" letters must be sent to the person with whom contact is to be temporarily stopped and to any other relevant persons from the list given above in the sub-section headed "Notifications."
2. Where a formal agreement has been made between the Local Authority and child (if of sufficient understanding) and person named in the Contact Order to depart from the terms of the Order. In this case, the new arrangements must be sent both to the person named in the Contact Order and relevant persons from the "Notifications" sub-section.
3. When the Local Authority decides to vary or suspend any arrangements with respect to contact which have not been made as part of a Contact Order, the person concerned, as well as the others listed in the "Notifications" sub-section, must be sent a letter.

All the above notifications should contain the following information on a need-to-know basis:

• The Local Authority's decision.
• Date of the decision.
• Reasons for the decision.
• Duration, if applicable.
• Remedies available in case of dissatisfaction (a copy of the adult and/or child version of the Complaints Procedure leaflet should be enclosed).

15.2 Discharge of Contact Order

The Local Authority, child and any person named in the Contact Order are entitled to apply for the Order to be discharged.

16. Secure Accommodation Orders

June 2009: This section substantially amended.

Please read this section in conjunction with Placements in Secure Accommodation Procedure.

Section 25 Children Act 1989 enables the local authority to keep a child in secure accommodation which is defined as "accommodation provided for the purpose of restricting liberty to whom Section 25 applies."

The local authority can make an application for authority to keep a child in secure accommodation if the child has a history of absconding and is likely to abscond from any other description of accommodation; and if he absconds he is likely to suffer significant harm. In addition and application can also be made on the basis that if the child is kept in any other description of accommodation he is likely to injure himself or others.

The Children Act 1989 Guidance and Regulations - Volume 1 - Court Orders makes it clear that the placement of children and young people in such accommodation should be regarded as a placement of choice rather than as a last resort, where the identified needs of the child require safe and secure placement with skilful staff delivering specialist programmes. Secure accommodation should be seen as part of a range of positive options available to placing authorities when reviewing and planning to meet the needs of children whose behaviour leads to high levels of concerns.

A child meeting the criteria for secure accommodation may be kept in secure accommodation for a maximum of 72 hours without court authority.  If the social work view is that the child needs to be in secure accommodation for a longer period of time then an application must be made to the court. The deputy director of Children & Young People's service can authorise a child being kept in secure accommodation for up to 72 hours. See Secure Authorisation Form, in the Forms Library/Court Business. If the child is under 13 years of age then the prior authorisation of the Secretary of State is required before placement. Procedures for the obtaining of approval are provided in the Placement in Secure Accommodation Procedure.

The initial SAO can be up to three months duration and subsequent applications may be for orders for up to six months.

Applications should be made via the Social Care Legal Team to the Family Proceedings Court.

Procedures for secure accommodation applications and placements can be found in the Placements in Secure Accommodation Procedure.

Procedures for children remanded to the Local Authority accommodation via a Youth Court are contained in the Youth Offending Team Procedure Manual.

16.1 Court Report

The Social Worker should prepare a written report for Court, together with a detailed Chronology including the following:

• The child's history of absconding and harmful behaviour
• Children's Services involvement with the case to date
• The circumstances surrounding the application
• The reasons for the application for authority to keep a child in secure accommodation
• Plans for the young person including the duration of the order sought.

The Social Care Legal Team will liaise with social work staff to assemble the required evidence and other information for the Court hearing and will often need to call witnesses in person.

The social worker must ensure that confirmation is recorded on the social care record and that a "Children's Services - Change of Circumstance Form" is completed when:

• A young person is placed in secure accommodation.
• A young person is removed from secure accommodation within 28 days.

16.2 Review of Secure Placements

This section should be read in conjunction with Secure Accommodation (Criteria) Reviews Procedure.

The social worker must ensure that confirmation is telephoned through and that a "Children's Services - Change of Circumstance Form" is completed when:

• A young person is placed in secure accommodation.
• A young person is removed from secure accommodation within 28 days.

17. Adoption

17.1 Role of the Adoption Panel

For detailed procedures regarding the Adoption Panel, see Adoption Panel Procedure.

Haringey's Adoption Panel is responsible for recommending to the Director of Children and Families whether:

• Adoption is the appropriate plan for a child
• An applicant is suitable for approval as a prospective adopter
• A specific prospective adopter is a suitable match for a particular child.

17.2 Seeking Legal Advice

The Adoption Panel is served by a Legal Advisor based in the Social Care Legal Team.

Discussions about potential adoptions, including Placement Order Applications, and the role of the Panel, may be addressed to the Legal Advisor as well as or instead of the Social Care Legal Team, particularly if they relate to queries about presentation at Panel or potential legal problems the Panel will need to address.

Decisions to make a Court application for an Adoption Order will be made at the child's Looked After Review.

The decision to support applications for Adoption Orders will only be made where staff involved are satisfied that all available options to support the child within his family setting have, or will, inevitably fail and that adoption is likely to be the appropriate plan for the child.

17.3 Placement Order Applications

Following a decision by the Agency Decision Maker (Deputy Director of Children and Families) that adoption is the appropriate plan for a child the local authority MUST apply for a placement order unless parents and other persons with parental responsibility give formal consent to the child being placed for adoption.

The Adoption worker should seek advice from the Social Care Legal Team regarding applying for Placement Order. The Social Care Legal Team will complete the application and prepare Statements of Facts, if necessary. The social worker must obtain the child's birth certificate.

17.4 Notification of Intention to Adopt

The prospective adopters are required to write to the Family Placement Unit explaining that they are applying to the Court to adopt the child. The family will have to pay a fee on application to the Court. The Court will notify the Local Authority.

The social worker and Adoption worker should prepare the Rule 29 Adoption and Children Act Report as soon as possible or when requested by the Court.

Three copies of the Report and the Medical Report from the Medical Adviser will be submitted to the Court. These must be sent to the Court within 6 weeks after receipt of notice of the hearing.

Children's Services will be represented by the child's social worker or Adoption worker, or both, as required by the Court.

17.5 Application for Contested Adoption Order

In a contested adoption case, the Adoption worker will assist prospective adopters in instructing a private solicitor. Community Legal Services Funding is unavailable in such circumstances and the Local Authority will pay reasonable fees at Legal Aid Rates.

The Adoption worker will ensure that an undertaking in standard form regarding costs and indemnity is obtained from the prospective adopters.

A standard note regarding legal costs will be provided to the prospective adopters and/or their solicitors. This should be signed by both applicant/s, with one copy being returned to the Adoption worker to place on file.

When the prospective adopters' solicitors present their bill, it will be forwarded to the Social Care Legal Team to consider reasonableness of the fees and then returned to the Family Placements Unit for payment.

In a contested case, the Judge will initially hear any application to dispense with parental consent and then hear the application to adopt the child. On no occasion will the adopters or birth parent/s meet in the Court.

The Adoption worker should arrange, via the Clerk of the Court, for the prospective adopters to use a separate entrance at the Court and be offered private rooms in which to wait.

The social worker will prepare a report containing all the necessary information for the prospective adopters. The solicitor will prepare the Statement of Facts.

When contested, a Children's Guardian will be appointed and, following receipt of a copy of the Rule 29 Report, will visit birth parent/s, prospective adopters, child's social worker and Adoption worker.

Having also read the files, the Guardian will prepare a report for the Court and make a recommendation.

17.6 Application for Uncontested Adoption Order

The allocated social worker will assist prospective adopters in lodging Court applications (Form A58 - see Forms Library/Court Business) and other documents at their local Court. If there is previous Care or Placement Order, documents should be lodged with the Court that made the Order.

The social worker and Adoption worker should prepare three copies of the Rule 29 Report as soon as possible or when requested by the Court. The Adoption worker should send the Report, with medical summary attached, to the Court within 6 weeks of receipt of notice of the hearing.

The child's social worker and/or Adoption worker will attend Court as required.

In an uncontested case, a Reporting Officer will be appointed by the Court to confirm the birth parents' consent and that they fully understand the implications of an adoption.

Following the granting of an Adoption Order, the family will receive an Adoption Certificate from (and Marriage Certificates will be returned by) the Court. The Permanence & Adoption Team will receive notification of the Adoption Order, which needs to be placed on the file.

The Social Worker will notify their Administrative Officer (by a "Change of Circumstances Form"), who will arrange for the child to be discharged from Care.

18. Education Supervision Order

Only the Education Department can make applications for an Education Supervision Order (ESO) and is obliged to consult with Children's Services before doing so.

Where a referral is received from Education, Children and Families must ensure that there are no other issues which should be dealt with such as child protection concerns.

Children and Families should present a written response within the given timescale.

If an ESO is made and enforcement by the Education Department fails, the Education Department will inform Children and Families and an allocated social worker must then investigate the child's circumstances.

19. Disclosure of Information

In the event that a Court requests the Local Authority to present social work files to the Court, the Deputy Director, relevant Head of Service and the Social Care Legal Team should be informed immediately.

Appendix 1: Legislative Framework

The legislative framework governing care proceedings and child protection/safeguarding is as follows.

• Children Act 1989
• Part IV Family Law Reform Act 1996
• Protection of Children Act 1999
• Sex Offenders Act 1997
• Protection From Harassment Act 1997
• Race Relations (Amendment) Act 2000
• Adoption and Children Act 2002
• Disability Discrimination Act 1995
• Carers and Disabled Children Act 2000
• Carers (Recognition and Services) Act 1996
• Children (Leaving Care) Act 2000
• Schedule I Children & Young Persons Act 1993
• Crime Disorder Act 1998
• Provisions of Criminal Justice Act 1991 relating to use of video recording in criminal proceedings
• Adoption and Children Act 2002
• Sexual Offences Act 2003
• Children Act 2004
• Freedom of Information Act 2002
• Children and Adoption Act 2006

In discharging any of their responsibilities, Sections 6  and  8 of the Human Rights Act 1998 now requires all "public authorities," e.g. Children's Services, Health, Police, Courts etc., to act toward children and adults in ways which are compatible with the European Convention for the Protection of Human Rights 1950 (commonly known as the European Convention).

Appendix 2: Pre Proceedings Flowchart

Click here to view flowchart.

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