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Contents

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

1. Accessing Legal Advice

Central Contact Number: 0208 871 6948

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 Service Manager.

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

• General advice on case specific matters;
• Section 47 Children Act 1989 enquiries;
• Section 7 and Section 37 Children Act 1989 (Court Reports);
• Children Protection Case Conferences;
• Emergency Protection Orders;
• Recovery Orders;
• Care and Supervision Orders;
• Section 34 Children Act 1989 (Contact Orders);
• Child Assessment Orders;
• Secure Accommodation Orders;
• Section 8 Children Act 1989 Orders;
• Adoption and Freeing Orders;
• Criminal Injuries Compensation Authority Claims;
• Disclosure of Social services 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 or an Adoption Order. The 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. A list of local Family solicitors is available from the Legal Team.

Urgent requests for legal advice can be made by telephone; however, the Legal Team may request confirmation of instructions in writing. All referrals to the Team should be put in writing.

Any other procedures or matters, including policy issues, should be referred to the Legal Team in Alexandra House, who may be contacted via the Principal Solicitor on Extension 5926.

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

The 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 Legal Team;
• Advise the Legal Team of those persons with Parental Responsibility, parents and significant others;
• Prepare statements, Court Care Plans and Court Chronologies;
• Advise the Legal Team of “Directions” which should be applied for in proceedings;
• Attend Court to instruct lawyers unless otherwise agreed;
• Provide necessary evidence.

4. Urgent Legal Planning

Emergency Protection Orders During Normal Working Hours

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 authority must be given by the relevant Service Manager.

Consideration should always be given to the need for an EPO if a child is subject to Police Powers of Protection.

If agreed the social worker must then discuss the evidence with a member of the Legal Team.

If the evidential requirements are satisfied, the 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.

Application on Notice or Without Notice (Ex Parte)

The social worker should consider whether the application should be made “on notice” or “ex parte.”

The Legal Team will arrange legal representation in respect of EPO applications made “on notice” and some “ex parte” EPO applications, where the request is made in working hours.

The Legal Team will make arrangements for the Notice of the application to be served upon appropriate parties.

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

• 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.

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 inform the Children’s Guardian of any proposed major change in the child’s circumstances and listen to his/her views before carrying them out.

Notifying Parents and Legal Team

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.

Immediately after an application, the social worker must notify the Legal Team with full details of the outcome. The outcome, documentation supporting the application and a copy of the EPO can be faxed through on 020 8489 3963. If the child had been subject of Police Powers of Protection a copy of the authorisation should also be sent.

Emergency Protection Orders Outside Working Hours

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, probably at the Magistrate’s home, with such information as is available about the child on completed C1 and C11 forms.

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.

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.

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.

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.

Contact

Clear contact arrangements as described in the EPO must be made. Where these include contact with a person likely to be investigated or prosecuted for an offence against the child close supervision by a member of staff should be provided.

Care of Child

Social Workers must provide clear instructions about contact and freedom of movement to Foster Carers or Residential Social Work staff with whom the child is placed.

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 Legal Team.

Legal Planning Meetings

Also see Section 6, Legal Planning Meetings.

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 Legal Team and co-ordinate the collation of evidence.

Social workers must attend this meeting with case files, which must be up to date and include a 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;
• Any staff, or other agency workers, e.g. medical personnel with substantive evidence;
• EDT staff, as appropriate.

Challenge to Emergency Protection Order

Where the person wishing to make the challenge was not present at, or given notice of, the hearing, an EPO can be challenged after 72 hours 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 Legal Team will present the case for the Local Authority.

An application for an Interim Care Order may or may not be made whilst the EPO is in force.

5. Non-Urgent Legal Planning

Child Protection Conferences

The current practice is that a member of the Legal Team attends all Initial Child Protection Conferences unless otherwise agreed with the Team Manager that attendance is not required.

All Child Protection Conference reports should be sent to the Principal Solicitor, whether or not a member of the Legal Team will be in attendance at the Conference.

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

Initiating Legal Proceedings

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

They should consider the circumstances of the case, establish that all alternatives to Court have been considered or tried, and decide whether proceedings are appropriate.

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;
• 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;
• Specialist assessments needed for proceedings;
• Need to involve Fostering, Adoption or Leaving Care Services.

6. Legal Planning Meetings

Purpose of Legal Planning Meetings

When it is clear that the protection or welfare of a child cannot be achieved by agreement with the parents or the security of a legal order is necessary to ensure the viability of a plan for a child, a Legal Planning Meeting should be convened. Legal Planning Meetings may also be convened where it is being considered that a child should be reunited within their family.

A Legal Planning Meeting will always be held when a Care Order, Secure Accommodation Order or other orders are being considered.

A Legal Planning Meeting may also be convened in circumstances where it is thought that a legal order may be required in order to assist in the permanence planning for children, whether that is a return to the family or to achieve permanence elsewhere.

The Team Manager for the child should discuss the need for a legal planning meeting with the Service Manager, who must give approval before a legal planning meeting can be held.

A Legal Planning Meeting will be chaired by a Service or Team Manager, and involve a lawyer from Legal Services. Consideration should also be given as to relevant attendees such as the Adoption Team or the Child Protection and Care Planning Service.

The role of the legal representative is to advise about the legal possibilities for achieving the desired aim and to give a view about the quality of the evidence available.

In order to enable a full discussion to take place, the following must be available:

• A Child and Family Assessment and /or Child Protection Conference Minutes;
• An up to date Chronology;
• A Child Plans;
• A Genogram.

Who can Convene Legal Planning Meetings

The decision to hold a Legal Planning Meeting may be made following a recommendation from a Child Protection Conference, as a result of a LAC review, a Permanence Planning Meeting, or on the request of a Social Worker, Manager, Lawyer, or other agency.

The decision to convene a legal planning meeting can only be made by a Service manager.

Chairing Legal Planning Meetings

Legal Planning meetings are chaired by a Service Manager who can delegate authority to a Team Manager. There is a standard Agenda (not a checklist) which should be followed and the discussion recorded in this format by CSS and attached to Documents in FWi. Legal Services will also provide a record of the meeting and advice given.

Record of Legal Planning Meeting

Click here to view Record of Legal Planning Meeting.

Attendance at Legal Planning Meetings

The following can be invited to attend a Legal Planning Meeting: Social Worker; Team Manager; Child Protection Co-ordinator; any other professional who has first hand evidence and may be a potential witness; those who may be involved in the provision of services integral to the order being sought.

Timing of Legal Planning Meetings

The timing of a Legal Planning Meeting is likely to be determined by the urgency of court proceedings and the need to allow sufficient time for necessary preparation.

Ongoing Legal 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.

Final Hearing Planning Meeting

These must be convened 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.

Recording of Legal Planning Meetings

Notes of Legal Planning Meetings should be circulated to all attendees. These are legally privileged and should not be made available to parents or other parties in any potential proceedings without the permission of the chairperson or Sector Manager.

The electronic record should be updated by the social worker in FWi under 'C&F Legally Privileged’ - this is restricted to just CSS staff.

If a recommendation of the legal planning meeting is made for legal proceedings to be issued, the minutes of the meeting and the plan should be forwarded to the Service Manager for approval, prior to any other action being taken.

Before issuing proceedings there should have been consideration of a referral for a family group conference. Where this was considered appropriate and met the referral criteria it should be convened prior to issue. If it has not been possible, or is not appropriate, to convene a family group meeting the reasons should be recorded in the legal planning meeting minutes.

The minutes should outline the plan for the child while proceedings are under way, including placement needs and any assessments which are needed to assist in the care planning for the child.

Review/Subsequent Legal Planning Meetings

The meeting should consider whether further Legal Planning Meetings are necessary and if so, when. It may be that new information emerges which requires a change of plan for the child. In this event, the Legal Planning Meeting must be reconvened in order to consider the implications for the legal plan.

Action for Social Worker for Legal Planning Meetings

• Chronology to be provided;
• Social Worker to highlight the concerns to the lawyer and to identify:
  1. Identification of family members and significant others;
  2. What input the family have received;
  3. What assessments have been completed to date;
  4. Whether or not a Child and Family Assessment has been undertaken and if not when it will be completed;
  5. If a Child and Family Assessment has been completed what its conclusions were;
  6. Whether any further input can be offered i.e. work with a family centre;
  7. The legal status of the parents relationship and whether the father has parental responsibility for the child, preferably confirmed by sight of birth certificate wherever possible;
  8. Whether either parent has children by a previous relationship and if so whether those children are known to us, or any other LA, and if so in what capacity;
  9. Whether an EPO might be required;
  10. Whether the Social Worker considers there any risk either of flight or violence from one party if 3 days notice is given for an ICO and if so consideration to be given to EPO if grounds satisfied;
  11. The position of the extended family and friends network including the possibility of placement within that network;
  12. Whether parents would be likely to agree to voluntary protective arrangements (S.20 Children Act 1989).

7. 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 Legal Team will need to prepare evidence to support any such application which will be presented orally.

Execution of Order

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

8. 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 Legal Team’s advice must be sought about any situation where the above measures seem relevant.

9. Child Care 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 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.

Notification of Application

The Legal Team will give at least one day’s notice to the Court of the application for a CAO.

10. Family Assistance Orders

Family Assistance Orders are issued under s16 of the Children Act 1989. It may only last for up to twelve months (S16 (5)) and is designed to give expert help to families.

Section 16 of the Act makes provision for advice and assistance for families. Under a Family Assistance Order a local authority or CAFCASS officer will be made available to give advice and assistance to (and, where appropriate befriend) a person named in the Order (S16(1)).

The Family Assistance Order generally can only be made by the Court acting on its own motion, not by application of anyone, including the local authority. Where an Order is made the case must be allocated to a Social Worker.

11. 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.

12. 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 Legal Team must be informed immediately and a copy of the notification forwarded to the 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 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.

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

13. 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.

The information 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 Legal Team must be notified without delay and briefed as to a date by which 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 would not ordinarily be legally represented.

14. 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.

15. Care and Supervision Order Proceedings

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.

The “Threshold Criteria”

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

1. The child concerned is suffering, or likely to suffer, significant harm; and
2. That harm or likelihood of harm is attributable to:
   1. 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
   2. The child is beyond parental control.

“Harm” means ill-treatment or the impairment of health or development.

“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.

Applications

Where a Care or Supervision Order is necessary, applications should be part of a carefully planned process.

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

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

• Statement, Court Care Plan and Court Chronology;
• Copy of the narrative of the Emergency Protection application, if applicable;
• Brief synopsis of the grounds for concern.

Before any decision to initiate proceedings, the social worker should:

• Have clear evidence that services provided for the child and his family (which may include accommodation) have failed;
• 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;
• 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.

16. 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 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.

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).

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.

17. Secure Accommodation Orders

Section 25 Children Act 1989 governs the provisions of secure accommodation which is defined as “accommodation provided for the purpose of restricting liberty to whom Section 25 applies.”

Secure accommodation is to be used only as a last resort and when all other options, e.g. in-house residential, specialist fostering, have been tested in consultation with Service Managers (Residential) and (Fostering, Adoption) respectively.

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

Procedures for secure accommodation applications and placements can be found in Chapter 2, Looked After Children and in the “Legal Training for Social Workers” document.

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

Court Report

The Social Worker should prepare a written report for Court, including the following:

• Children’s Services involvement with the case to date;
• The circumstances surrounding the application;
• The reasons for the application for secure accommodation;
• Plans for the young person.

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

Review of Secure Placements

Further information on secure accommodation Reviews and social work responsibilities is contained in Chapter 2 Looked After Children.

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.

18. Adoption

Further information about the interface of adoption practice and law is provided in the Adoption Chapter of this Manual.

Role Of Panel

The borough’s Adoption Panel is responsible for recommending to the Director of Social Services whether:

• Adoption is in the best interests of a child;
• An applicant is suitable for approval as a prospective adopter;
• A specific prospective adopter is a suitable match for a particular child.

Seeking Legal Advice

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

Discussions about potential adoptions, including Freeing for Adoption, and the role of the Panel, may be addressed to the Legal Advisor as well as or instead of the 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 Statutory 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.

Freeing For Adoption

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

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 Schedule II Report as soon as possible or when requested by the Court.

Three copies of the Report and the Medical Report from the Medical Advisor 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.

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 Applications must be considered, via the prospective adopters’ solicitor. (If the application is unsuccessful, the Local Authority will pay reasonable fees.)

The Adoption worker will ensure that an undertaking in standard form regarding costs and indemnities 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 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 Schedule II 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.

Application for Uncontested Adoption Order

The allocated social worker will assist prospective adopters in lodging Court applications (Form A6) and other documents at their local Court. If there is previous Care or Freeing Order, documents should be lodged with the Court that made the Order.

The social worker and Adoption worker should prepare three copies of the Schedule II 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.

19. 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 Social Services must ensure that there are no other issues which should be dealt with such as child protection concerns.

Social Services 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 Social Services and an allocated social worker must then investigate the child’s circumstances.

20. 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 Service Manager and the Legal Team should be informed immediately.

Procedures Regarding Filing of Cases - to follow.

End