What happens when a local authority is involved with my children?
What happens when a local authority is involved with my children?
Local authorities can intervene in private matters if there are safety concerns that a child is suffering or at the risk of suffering whilst under the care of their parent(s). As per the Children Act 1989, local authorities are legally bound to safeguard and promote the welfare of the children in need within their area.
As per Section 17(1) of the Children Act 1989, the duty of the local authority is to:
- promote the welfare of the children in need within their area including making major decisions their lives
- Facilitate the upbringing of such children by providing a range of services
If the local authority believes that a child is at risk upon investigation of their circumstances, they may make a formal application to the Court for an interim care order.
Care Order
The court can make a care order to permit local authorities to take a child into care. Additionally, the local council can also apply for a care order if it is concerned about the safety of the child. A care order is valid until:
- The child turns 18
- An order is made to give parental responsibility to another person
- The court ‘discharges’ the order
If the court makes a care order for the child to be taken into care by the local council, the parent will share responsibility with the local authority for making important decisions about the child’s upbringing, including the following:
- Where will the children live
- Who will be responsible for looking after them
- Matters relating to Education
Deciding where the child will live
The local authority will assist in deciding on where the child will live. The child may live with either parent or both of them (if they live together).
The child could also live with anyone that has parental responsibility.
If any of the above options are not possible, the child could live with close relatives, family friends, a foster carer, or in a children’s home.
Ensuring that the children’s needs are met
The local authority will ensure that arrangements are made suitable to the child’s needs. After deciding where the child is going to live, they must:
- Look after and promote the child’s welfare, including their health, development, and progress in school
- Consider the wishes and feelings of the people closest to the child including parents or anyone who has parental responsibility
- Take into account the child’s wishes, age, and understanding of the situation
- Factor in the child’s race, religion, and cultural background
Staying in touch with the child while they are in the care
If the child is not living with the parents, they are allowed to have contact with parents, friends, family, and relatives. They can spend time with the child by visiting them at their new home, having a day out together, meeting up at a friend or relative’s place, and contact via phone, text messages, calls, emails, and letters.
Duties of local authorities in relation to a ‘looked after’ child
The duties of local authorities in relation to ‘looked after’ children are set out in the Children Act 1989. The most important obligation of a local authority is to promote the welfare of the children abandoned, abused, or in need.
It is also known as corporate parenting which means the responsibility is shared by the authority, elected members, employees, and others in providing the best possible care.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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