So many differnt section’s, hearings and meetings,which is which
What is a section 7 ? A Section 37 Children Act 1989,
please read below.
What goes into a section 7 report?
The Cafcass worker will decide what information they need for the report based on what the court has asked them to look into. This may include talking to children (depending on their age and understanding) about their wishes and feelings and what they would like to happen.
The Cafcass worker will:
usually, talk to your children alone – this may be at a neutral venue such as at their school
spend time with you and the other party and listen to any concerns you might have.
They may also speak to other people such as family members, teachers and health workers.
The Cafcass worker will not ask your children to make a decision or to choose between you and the other party.
Having made these inquiries the Cafcass worker will write a report advising the court on what they think should happen. In most cases, you will be able to see the Cafcass report before the court hearing.
If you are not happy with the section 7 report
If you are unhappy about the report, it is important that you let the court know about your concerns. This ensures the judge is able to consider your concerns when making their decision.
If you think there are any factual inaccuracies, for example, incorrect names or dates of birth, you should notify the Cafcass worker who wrote the report or their manager.
What will the court decide?
The court will make the final decision about what should happen to your children after reading the Cafcass worker’s report and listening to what you and other people in the case have said.
The court will:
pay particular attention to your children’s wishes and feelings – but may not always do what your children want
make its decision based on what it thinks is best for your children
set its decision out in a ‘court order’ which you must stick to.
If you are not happy with the court’s decision, you must raise this at court – you cannot make a complaint to us about the court’s decision.
Section 8 order
Applications for section 8 orders can be done by extended family members
orders under section 8 of the Children Act 1989 made by extended family members, highlights pre-action considerations, the need for an applicant to apply for permission and factors that the court will consider when deciding whether to grant permission. It also discusses issues which commonly arise during the substantive application for child arrangements, prohibited steps and specific issue orders.
Below is a short reference to all of the orders that the court can make under section 8 of the Children Act 1989. These include:
Child arrangements orders (known as Residence orders and Contact orders before 22 April 2014 was called a Residence order
An order made before 22 April 2014 in private children's law proceedings decide who a child will live with (section 8(1), Children Act 1989).
Residence orders could be made:
In favour of a single named person (also known as a sole residence order).
Jointly in favour of two (or more) persons who live in the same household together, such as a mother and a stepfather (also known as a joint residence order).
In favour of two (or more) persons who live in different households (also known as a shared residence order).
Residence orders made before 22 April 2014 and applications for residence orders made but not disposed of before 22 April 2014 are deemed to be orders and applications for child arrangements orders. For information on how to apply for a child arrangements order,
Information on how to get the order of a Prohibited step.
what is the order of a Prohibited step
An injunctive order prohibiting a person from exercising an aspect of their parental responsibility for a child (section 8, Children Act 1989). This frequently involves:
Medical treatment.
Change of name.
An aspect of education, such as a change of school.
What is a Prohibited Steps Order?
21 June 2018
A Prohibited Steps Order is an order granted by the Court preventing a parent from doing certain activities or events or making specific trips with their child/children.
It allows the Court to apply a restriction upon a mother or father’s parental responsibility. For example, a Prohibited Steps Order could do the following:
1) Prevent a parent from removing a child from their nursery/school;
2) Prevent a parent from removing a child from their home or from their local area;
3) Prevent a parent from removing a child from the UK;
4) Prevent a parent from changing a child’s surname.
A Prohibited Steps Order may be made in the course of proceedings concerning the child (in conjunction with another Child Arrangements Order under s8 of the Children Act 1989) or as a stand-alone application to the Court.
It can be possible to make urgent applications to the Court and to ask that the Court grant the order without notice being sent to the other party.
Compare "specific issue order".
Specific issue order
An order made under section 8 of the Children Act 1989 to resolve a particular issue in a dispute relating to a child. This could involve disputes about medical treatment, change of name, or an aspect of education, or whether the child can relocate within England and Wales or overseas.
1. Children in Need - the Legal Framework
Section 17(1) of the Children Act 1989 defines what is meant by children in need.
A child is defined as being in need if:
S/he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for her/him of services by a local authority (under this part of the Act); or
Her/his health or development is likely to be significantly impaired or further impaired, without the provision of such services; or
S/he is disabled.
The "family" in relation to such a child includes any person who has parental responsibility for the child and any other person with whom s/he has been living (s17 (10)).
For the purposes of this Part (of the Act), a child is disabled if s/he is blind, deaf or dumb or suffers from a mental disorder of any kind or is substantially or permanently handicapped by illness, injury or congenital deformity or other such disability as may be prescribed.
The Act also makes it clear that any service provided by an authority (under this section) may be provided for the family of a particular child in need or for any family member, if it is provided with a view to safeguarding or promoting the child's welfare (s17(3)).
Services may be given in kind or in exceptional circumstances, in cash (s17 (6)).
It is possible to attach conditions as to the repayment of the assistance or of its value (s17 (7)). However, no person shall be liable to make any repayment of assistance or its value at any time when s/he is in receipt of Income Support or Family Credit under the Social Security Act 1986 (s17(9)).
Who is a Child in Need?
Children and families will be assessed under Section 17 of the Children Act 1989 after it has been determined that they cannot receive services to meet their needs by other agencies such as the Benefits Agency. Each referral will be assessed on the information presented and elicited at the point of referral to determine priority for assessment for services.
Assessment will identify the needs of the child and their family, the services required to meet those needs and a case plan, detailing which services should be provided by the local authority and which by other agencies.
Assessment will conclude whether the child's or family's needs fall within a 'high', 'medium' or 'lower' category.
Workers must bear in mind that children's needs change over time, that cultural differences should be acknowledged and that not only the needs of a child but also their right to be heard on matters of concern to them must be respected in making judgements about the help to offer.
2. Family Support Services - the Legal Framework
Section 17 of the Children Act 1989 states that it is the general duty of every local authority to safeguard and promote the welfare of children within their area who are in need; and so far as it is consistent with that duty, to promote the upbringing of such children by their families.
The local authority must do this by providing a range and level of services appropriate to those children's needs.
It is these services which broadly are termed Family Support Services.
Part 1 of Schedule 2 to the Act further details the steps that local authorities must take to help children in need to continue to live with their families and generally to prevent the breakdown of family relationships. Such arrangements should assist the parent and enhance, not undermine the parents' authority and control and should extend to work with families when a child is in care, provided it does not jeopardise their welfare.
These provisions can be summarised as:
Identification of children in need and provision of information;
Maintenance of a register of children with disabilities;
Assessment of children's needs;
Prevention of neglect and abuse;
Provision of accommodation in order to protect children;
Provision of services for children with a disability;
Provision to reduce the need for care proceedings etc;
Provision of services for children in need living with their families;
Provision of family centres;
Maintenance of child's links with family.
3. Provision of s17 Financial Assistance
Financial assistance in terms of goods or services, or in exceptional circumstances cash, can be provided to a child, parent or carer under Section 17(6) Children Act 1989 to address identified needs to safeguard and promote a child's welfare where there is no other legitimate source of financial assistance.
The services provided by a local authority in the exercise of functions conferred on them by this section may include giving assistance in kind or in cash.
Assistance may be unconditional or subject to conditions as to the repayment of the assistance or of its value (in whole or in part).
Before giving any assistance or imposing any conditions, a local authority shall have regard to the means of the child concerned and of each of the child's parents.
No person shall be liable to make any repayment of assistance or of its value at any time when he is in receipt of income support. Part VII of the Social Security Contributions and Benefits Act 1992, of any element of child tax credit other than the family element; of working tax credit; of an income-based jobseeker's allowance or of an income-related employment and support allowance.
In order to appropriately and efficiently apply these responsibilities, this guidance outlines the Local Authorities’ expectations regarding practice and requires all staff who may request financial support from the s17 budget, to be fully aware of these expectations and be able to justify any application for resources accordingly.
The management of the budget and compliance, as well as the Local Authority financial regulations, within which this guidance operates, rests with the budget holder.
Social work staff shall be mindful of issues of risk and liability when purchasing goods.
4. Criteria for s17 Financial Assistance
The Criteria for s17 financial assistance are:
The payment must be to support and promote the welfare of the child;
An allocated worker should be actively involved with the family at least for the duration of the payments and if the financial assistance is more than one-off emergency assistance, this must be assessed as part of an assessment or through the review of a child's plan.
All alternatives should be explored with the family to assist in accessing and utilising their existing resources to the best effect and support the family in becoming self-sustaining, prior to any application for funding.
Payments should be made directly to the supplier or provider of services. Monies should not be given directly to the family or carers except in exceptional circumstances;
At the point of request for financial support, it should be confirmed that there are no alternate sources of finance from the Benefits Agency, Housing Benefit family or friend contributions, other agencies, or charities. Evidence needs to be uploaded to Care Director as an attachment and recorded on the child's file under case notes. If theft is alleged, a crime number should be provided and recorded in case notes;
All financial assistance is a one-off payment. There may be exceptional circumstances where multiple payments are required; these are to be considered on a case-by-case basis at the Access to Resources Panel and must be subject to review and be time-limited. The period for which funding has been agreed upon must be clearly communicated by the team working to the person in receipt of the assistance.
It is Children and Family Services policy that financial support and assistance that is provided under the Children Act 1989 should be supplementary to the benefits system and not an alternative to it. C&F Services is not an income maintenance agency.
It is therefore vitally important that steps are taken to maximise benefit income and rectify administrative problems if these are giving rise to demand on Children and Family Services funds.
This would include the use of, where appropriate:
Crisis loans, budgeting grants and community care grants especially for families under stress;
Income Support, JSA and Housing Benefits (on an interim or statutory basis);
Child Tax Credit and Working Tax Credit (including help with child care costs);
Guardian's Allowance for people caring for bereaved children;
Housing Benefit and/or discretionary housing payments;
Council Tax benefits and discounts;
National Insurance benefits (such as Incapacity Benefits and Maternity Allowance);
Non-contributory benefits such as Child Benefits, Disability Living Allowance and Carers Allowance;
Care to Learn to fund;
The appeal and review systems of all of the above.
Entitlement to all of the above can be established by contacting the West Berkshire Benefits Team which can also provide initial advice on matters related to debt (such as the use of bailiffs, administration orders, bankruptcy etc) as can Citizens Advice Bureau the Troubled Families Co-ordinator.
The advice can also be sought as to possible solutions to administrative and procedural problems such as non-arrival of benefit payments, recovery of alleged overpayments, benefit suspensions due to fraud investigation etc. This may include supplying contact details for liaison staff in the relevant benefit-paying agencies.
Staff also need to be mindful as to whether the costs of the service required should rightly be met by the Health Authority or Educational Services.
Where the parent is receiving a service from Health or Education Services C&F Services should only consider requests for funding for some services which are required due to the incapacity of the parent.
5. Types of s17 Financial Assistance
5.1 One-off payments
These should be used to overcome a crisis, following the best assessment that can be achieved in the following circumstances:
Specific Guidance – Allowable expenditure
Food - method of payment goods only, in exceptional circumstances cash;
Gas - method of payment direct payment only, in exceptional circumstances cash;
Electricity - method of payment direct payment only, in exceptional circumstances cash;
Clothing - one-off payment, method of payment goods only, in no circumstances cash;
Toiletries - one-off payment, method of payment goods only, in exceptional circumstances cash;
Nappies and baby milk should be given in appropriate amounts, no cash provided.
5.2 Clothing and Equipment
The provision of clothing, furniture, bedding or safety equipment can only be provided where an assessment determines items identified as essential to meet the needs of the child and/or prevent the child from suffering Significant Harm or significant need and/or the need for the child to be looked after by the local authority.
Specific Guidance
The assessment should address where needs are identified what avenues the family have taken to address the issue themselves, including family members’ support, via benefits and how family resources are being utilised;
Access to community resources should be considered. Liaison with the benefits agency, advice agencies and charitable organisations locally that can be accessed and specific grants should be sought.
Submission for funding should include efforts undertaken to seek alternate sources of funding.
5.3 Travelling Expenses
This provision is available to support the transport of children, parents, carers or extended family members to attend assessments, activities, appointments and support groups which are essential to a child's plan or to comply with court direction.
An assessment must ensure and agree that they could not reasonably be expected to travel using their own means due to medical, situational, financial or geographical reasons. This support is to be provided through bus tickets, train tickets or reimbursement of own, family or friend's petrol costs. The most up-to-date figures can be obtained from HM Revenues and Customs Guidance.
Taxis are not the first option to be explored and will not be approved unless all other avenues of travel have been exhausted and the cost of travel has been evaluated against the benefits to the child of the appointment.
Specific Guidance
GP confirmation of medical conditions reported to impact upon the capacity to travel or use public transport are to be provided to the Local Authority by the parent, carer, and adult family member;
Reimbursement of petrol costs is to be subject to the driver and vehicle being appropriately licensed and insured. The rates of payment for fuel have to be based upon average miles per gallon for the vehicle used for an agreed distance between home to meet, and the cost identified to be agreed upon prior to submission for approval. For guidance on the reimbursement rates for petrol costs, please refer to HM Revenues and Customs Guidance;
Only council-approved Taxi companies can be used for transportation. These can be accessed through the Transport Team.
5.4 Specialists Assessments and DNA/Hair Strand Testing
If special assessments or testing is required prior to care proceedings (pre-proceedings public law outline PLO) to ascertain if a child is at risk of harm then these need to be agreed by the Access to Resources Panel.
Specific Guidance
Costs should be coded to Section 17;
Any agreement for the above needs to be via an Access to Resources Panel application.
5.5 Interpreter and Translation Costs
Where English is not the first language for children and carers, workers need to ascertain if the child and/or carer is able to understand and speak English to the level that they can complete their intervention in a meaningful way.
If the child and/or carer is not able to understand or speak English to the required level then an interpreter will be required. Consideration is to be given to whether this could be an extended family member or family friend or community worker including teaching staff with the carer’s permission if it will not be detrimental to the intervention. It is important that any section 47 enquiries or disclosure interviews always have an independent professional interpreter.
If a professional interpreter is required please call Language Line. An English-speaking operator will take details of what you need and arrange a translation or interpreting service. Key documents such as assessments, child protection case conference minutes, plans and court documents should always be translated.
Specific Guidance
Professional Interpreters should always be used for assessments; Case Conferences; and court proceedings.
Children and Family Services require that consideration is given to using the benefits system to provide financial support before expenditure under the Children Act is authorised.
5.6 Other Types of Payments not Covered by this Guidance
When a service user requests financial assistance because of a failure to arrive at benefits or tax credits. (Please note if administrative or procedural failures are leading to Children Act expenditure and make sure your manager is notified);
When the service user has been denied benefits because of her/his immigration status, particularly if Job Centre Plus staff are claiming that the person is not 'habitually resident in the UK or the person has 'no recourse to public funds as a condition of their stay in the UK;
If a young person is being Accommodated under S20, in independent living or is being financially supported under S24. (The benefit position of young people and care leavers is often complex and detailed advice should be sought in individual cases);
If a service user is requesting assistance with a one-off item of expenditure and is in receipt of Income Support or income-based Jobseeker's Allowance;
Where a child with a disability is approaching her/his 16th birthday and, Looked After or not, advice is required in relation to benefits;
Where a service user is requesting financial assistance in order to provide care for a child as an alternative to that child being looked after. West Berkshire Benefits Team can advise as to the impact of payments being made under S17 Children Act or as a Child Arrangements Order Allowance or Special Guardianship Allowance.
C&F Services is not fundamentally a long-term income maintenance agency and whilst interim arrangements can be made, these need to be time limited.
A guide to benefits for people who foster or adopt, which also covers informal or family and friend carers is available on Gov.UK along with other benefit guides for families, children with disabilities, pregnant women, carers and young people and the current rates of benefit and tax credits.
5.7 Other Types of Payments not Covered by this Guidance
Daycare for preschool and other children under section 18 Children Act 1989. Payments for the care of looked after children residing with Local Authority-approved foster cares (including family and friends;
For payments for those holding a Child Arrangements Order see Family and Friends Care Policy;
Payments to adopters; those holding a Special Guardianship Order; Child Arrangements Order see Adoption Order, Special Guardianship Order and Child Arrangements Order Allowances;
For payments to those in receipt of Direct Payments see Disabled Children and Young People Direct Payments.
6. Approval of s17 Financial Assistance
All requests for financial assistance should be made by the team working on a Children and Family Services Service Commissioning Form (SCF) with the supporting welfare issue that needs addressing and the alternatives that have been explored. Goods and services should be purchased through 'e-purchasing' or 'purchase cards'; cash via 'imprest' should only be used in exceptional circumstances. All requests must be recorded on the child's file and SCF Form uploaded Care Director signposted from case notes.
In all cases, the child's worker will make their request to their team manager who will review the work undertaken and will confirm approval for submission to the service manager/Access to Resource Panel. Amounts exceeding £500.00 or seen as being required under exceptional circumstances will be referred to the service manager who will identify any additional actions that may need to be undertaken before making the request for payment to the Access to Resources Panel.
Section 37 Children Act 1989
Where, in family proceedings in which a question arises with respect to the welfare of any child, it appears to the court that it may be appropriate for a Care or Supervision Order to be made in respect of him, the court may direct the appropriate Authority to undertake an investigation of the child’s circumstances: (Section 37(1)). The Authority must then make enquiries and consider whether it would be appropriate to apply for a Care or Supervision Order or to provide services to help the child and his/her family, or to take some other action. If they decide not to apply for a Care or Supervision Order, they must give the court their reasons and tell them what they are doing instead within 8 weeks unless the court directs otherwise.
Legal Proceedings – Chapter 13: Section 37 Investigation of the Child’s Circumstances and Section 7 Welfare Reports & Chapter 14: Emergency Protection Orders and Police Protection.
Introduction
A court usually makes a Section 37 direction in
disputed private law applications, where it appears that there may be a need for the child’s welfare to be safeguarded by the local authority making an application for a care or supervision order.
Section 37(1) states:
Where in any family proceedings in which a question arises with respect to the welfare of any child, 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 authority to undertake an investigation of the child’s circumstances
It is not possible for an application to be made to the court for a Section 37 direction, but parties to family proceedings may suggest to the court that this may be an appropriate course of action.
Duty of the Local Authority
If the court gives a direction under Section 37 the local authority is under a duty (Section 37(2)) to consider whether it should:
· Apply for a care or supervision order with respect to the child
· Provide services or assistance for the child or his family, or
Take any other action with respect to the child
The local authority must provide a report to the court regarding the child’s circumstances and proposed action within 8 weeks unless it is agreed by the court that the timescale can be extended.
The court may choose to make an interim care order for a maximum of 8 weeks. The court does not have the power to require the local authority to make an application for a care or supervision order following their investigation of the child’s circumstances.
However, if the local authority decides not to apply for a care or supervision order it must inform the court under Section 37(3) of:
The reasons for so deciding
Any service or assistance which they have provided or intend to provide for the child and his family; and
Any other action which they have taken or propose to take with respect to the child
A Children’s Guardian may be appointed if an interim order has been made.
If during the course of the investigation, the social worker is refused access to the child an application should be made for an emergency protection order, child assessment order, care or supervision order, unless the social worker and team manager are satisfied that the child’s welfare can be safeguarded without (Section 47(6))
The Section 37 Report
Under Section 37, the court is specifically asking the local authority to come to a view regarding the need to apply for a care or supervision order with respect to the child/children.
The Section 37 report:
Must address this question.
Must come to a conclusion regarding whether the child/children are suffering significant harm, the nature of that harm, and whether such harm is attributable to the care given, or likely to be given, not being reasonable for a parent to give, or to the child being beyond parental control (Section 31(2)).
Must explain why following investigation, the local authority decides not to apply for a care or supervision order
Must explain the reasons for this decision
Must also outline whether other services or support have, or will be offered to the family, as an alternative to legal intervention.
Must inform the court if it intends to review the case in the future and if so, when the review will take place.
The social worker should send the completed Section 37 report to the court via the legal assistant (private proceedings) in the Child Care Litigation team, who will also arrange for copies of court orders to be passed on.
What are Section 47 Enquiries?
These enquiries refer to section 47 of the Children Act 1989. Section 47 of the Act covers a Local Authority’s, or Social Services, the duty to carry out an investigation or assessment when they are informed that a child, who lives in their area, meets one or more of the following criteria:
The child is the subject of an Emergency Protection Order
The child is in police protection
The child is suffering, or likely to suffer significant harm
Section 47 enquiries must be completed by the Local Authority within 45 days of the initial referral; the assessment will be completed by a qualified social worker. In order to complete the assessment the social worker will need to liaise with and obtain reports from professionals involved with the child, such as health visitors, doctors, the child’s school and the police. The social worker will also need to talk with the parents or caregivers of the child and have direct access to the child as part of the Section 47 enquiry.
The purpose of Section 47 enquiries is for the Local Authority to determine whether they need to take further action to safeguard or promote the child’s welfare. The outcome of a Section 47 enquiry will either find that the concerns raised with the Local Authority are substantiated or not substantiated. If the outcome is that the concerns are not substantiated, it means that the child is found to be sufficiently safeguarded and that there is no need to continue following Child Protection procedures. It should be noted though that the Local Authority may deem it necessary to provide further help and support to the child and/or caregivers under a Child In Need plan.
If the outcome of the Section 47 enquiry is that the concerns raised with the Local Authority are substantiated, it means that they have found that a child is not sufficiently safeguarded and is at risk of significant harm; such as neglect, physical harm, emotional harm and/or sexual harm. If this is the case then the Local Authority will need to decide how to proceed in order to ensure the child is appropriately safeguarded.
In instances where the risk of harm is particularly great or the child is in immediate danger, the Local Authority can make the decision to start Court proceedings by making an application for an Emergency Protection Order, a Child Assessment Order, an Interim Care Order or an Interim Supervision Order concerning the child. Examples of what may lead to this decision include the social worker being denied access to the child as part of the Section 47 assessment or the parents/ caregivers actively withholding information, as well as the obvious examples where the child may have suffered a significant non-accidental injury.
If, at the conclusion of the Section 47 enquiry, it is deemed not necessary for an application to be made to the Court, but there are still concerns regarding the safeguarding of the child and their welfare, then an Initial Child Protection Conference will be arranged. Parents and professionals involved with the child will be invited to attend the conference, which is chaired by an Independent Reviewing Officer (IRO). During the meeting the issues raised from the Section 47 enquiries will be discussed by professionals and parents, at the conclusion of the meeting, a decision will be made as to whether or not the child will be made subject to a Child Protection plan.
“Section 47(5) is intended to afford a parent in an appropriate case and meaningful remedy – and a remedy, we stress, that may endure for the benefit not merely of the parent and also of the child.” put i
If a local authority is seeking long-term foster care or adoption it would be wise to request instead a section 47 which should give you the parent a chance to improve your situation with a view to the child’s return. Unless there is urgent reasons why the adoption must go ahead this step should be requested, as they will not offer it first. These are offered very rarely.
40. Paragraph 71: “Parliament intended section 47(5) to provide a real remedy. Unthinking reliance upon the concept of the “exceptionally rare” runs the risk – a very real and wholly unacceptable risk – of rendering section 47(5) nugatory and its protections illusory. Except in the fairly unusual case where section 47(4)(b)(i) applies, a parent applying under section 47(5) will always, by definition, be faced with the twin realities that the court has made both a care order and a placement order and that the child is now living with the prospective adopter. But, unless section 47(5) is to be robbed of all practical efficacy, none of those facts, even in combination, can of themselves justify the refusal of leave.”