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Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 1 of 30
&
Care Proceedings Project
Working Together to Safeguard Children:
Submission of Evidence to Court
Contents
PART I – Statutory Guidance on Working Together .......................................................................... 2
Introduction ...................................................................................................................................... 2
Public Law Outline 2014 .................................................................................................................... 3
Working Together ............................................................................................................................. 7
Human Rights .................................................................................................................................. 11
Information Sharing ........................................................................................................................ 11
PART II: Guidance on Writing a Supporting Letter or Report .......................................................... 12
The Child’s World............................................................................................................................. 12
Audience ......................................................................................................................................... 13
Content ........................................................................................................................................... 14
Limitations of expertise ................................................................................................................... 18
Expert Witnesses ............................................................................................................................. 19
Diagnosis & Day-to-Day Functioning ................................................................................................ 19
Cognitive Functioning, Learning Difficulties & Disabilities................................................................. 20
Subjectivity ...................................................................................................................................... 20
Style Notes ...................................................................................................................................... 21
Being called as a witness ................................................................................................................. 22
Glossary of Terms ............................................................................................................................ 24
Whos who? ..................................................................................................................................... 26
Helpful Links .................................................................................................................................... 28
Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 2 of 30
PART I – Statutory Guidance on Working Together
Introduction
Safeguarding children is a shared responsibility of all professionals working with children and
families where children are at ‘risk of significant harm’ (subject to Child Protection Plans, Public Law
Outline (PLO) Pre-Proceedings Plans, and Care Proceedings). This document has been prepared to
support professionals to come together in their respective roles and work together to safeguard
children. A robust network of professionals can mitigate the risk of significant harm, however, the
converse is true when communication fails. Serious case reviews have too often identified failures in
communication and cooperation have resulted in poor outcomes and sometimes fatal consequences
for children.
While most professionals are clear on their role and responsibilities under legislation and statutory
guidance, the practical requirements of providing evidence to the court is not always as clear. In the
interests of working towards shared goals, clarifying uncertainties, and establishing a standard of
best practice, this guidance has been produced to support social workers and professionals to
produce their evidence and ensure that the valuable contributions from all professionals are put
before the court to assist with decision making.
This guidance assumes that practitioners and professionals are familiar with their duties and
responsibilities under the following legislation and guidance:
Children Act 1989 and 2004, and the Children and Families Act 2014
Public Law Outline 2014
Children Act 1989 – Guidance on Court Orders & Pre-Proceedings 2014
Working Together to Safeguard Children 2013
Information Sharing: Guidance for practitioners and managers (2008)
Safeguarding & Promoting the Welfare of Children: Camden & Islington NHS (2013)
Think child, think parent, think family: a guide to parental mental health and child welfare (2014) SCIE
The collective aim of these documents is to minimise risk and promote the welfare of children and to
recognise the shared responsibility for safeguarding children at risk of significant harm. The
Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 3 of 30
Research in Practice Court Orders and Pre-proceedings website1 has been developed to support
professionals to understand and implement changes in practice required to meet the statutory
requirements under the Guidance Court Orders and Pre-Proceedings 2014. The resources are
designed to build skills and knowledge for: children’s social workers; IROs; local authority legal teams
and key local authority partner agencies. It will be useful for those who are newer to their roles, but
also for others as a refresher on the new requirements.
The Children & Families Act (2014) underpins the new requirements, and sets down a child focussed
26 week statutory timescale for concluding care proceedings. This timescale places an emphasis on
working together in the pre-proceedings stage to avoid delay in safeguarding and decision making
for children. Where robust work has taken place in the pre-proceedings stage there is potential for
the family to be diverted away from care proceedings. Where care proceedings do take place, it is
desirable for the court to focus on decision making rather than assessment, and for the local
authority to arrive at the first hearing with a clear and specific timetable for the child.
Public Law Outline 2014
The Public Law Outline (PLO) 2014 is one of the key mechanisms for achieving the statutory 26 week
timescale for concluding care proceedings. The PLO 2014 is concerned with resolving systemic
issues that cause delay in Care Proceedings by streamlining the processes. The PLO 2014 and related
guidance emphasises the shared responsibility of the judiciary, CAFCASS, the Local Authority,
service providers and professionals, and legal representatives to avoid unnecessary delay in care
proceedings and make decisions within children’s timescales.
During the Child Protection stage the Local Authority will coordinate a plan to support the family to
make changes to safeguard the child with the assistance of partner agencies. The Local Authority
will co-ordinate the Core Group and request information under Child Protection procedures. The
information requested during this stage should be prepared to a court worthy standard to ensure
robust communication standards where children are assessed as at risk of significant harm, and with
the understanding that these documents may be filed with the court if care proceedings are issued.
Where the family has made insufficient progress to safeguard the child(ren) during the Child
Protection phase, the Local Authority can enact the Public Law Outline 2014. The PLO 2014 has four
stages:
1 Research in Practice Court Orders and Pre-proceedings website http://coppguidance.rip.org.uk/
Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 4 of 30
PLO Pre-Proceedings Stage: the PLO Pre-Proceedings Stage commences at the point of
sending a letter notifying parents of the Local Authority’s intent to issue care proceedings.
At the point of issuing this letter the parents become eligible for non-means tested legal aid,
and the local authority takes legal advice. The available evidence will inform the local
authorities decision about whether to issue care proceedings and put the matter before the
court. The steps taken will be depend on whether the risk of significant harm is cumulative
or immediate:
Where S31 Children Act 1989 threshold has been reached but there is not immediate
risk of significant harm: Where the child is at risk of cumulative harm the local
authority will decide whether to make use of the PLO pre-proceedings or to issue
care proceedings where the child remain in their parents care while further
intensive support and intervention is undertaken in an effort to divert families away
from care proceedings. During the PLO Pre-Proceedings Stage the Local Authority
takes legal advice and the parents become eligible for free legal representation.
There is no legal representative or Children’s Guardian for the child during this
stage, therefore, the child is reliant on the social worker and Core Group to
represent their interests. The Core Group will contribute to the assessment of the
family through submission of evidence that follows the guidelines within this
document. Following the time limited period the case will either de-escalate to
Child Protection Plan only or escalate to Care Proceedings.
Where S31 Children Act 1989 threshold has been reached and the child is at
immediate risk of significant harm: where the risk to the child is assessed as
immediate or unmanageable under the above process, the local authority will issue
care proceedings and take the matter to court within timescales relative to the level
of risk, which can mean the same day. The local authority can make an application
for an Emergency Protection Order (EPO) to safeguard the child for up to 8 days. An
EPO can be heard on the same day with or without the parents present (in absentia).
The police are also able to use their powers of police protection to take the child to
a place of safety for up to 72 hours when there is a risk to the child’s immediate
physical safety. The local authority can make an application for an Interim Care
Order (ICO), which will allow the local authority to share parental responsibility for
the child, including making decisions about where the child should live.
The local authority will prepare the matter for care proceedings in accordance with the PLO
Pre-Proceedings Checklist by preparing the application and annex documents (including the
Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 5 of 30
social work statement, recent assessment reports relating to the child and/or the family and
friends of the child to which the Statement refers, such as professional reports and expert
assessments, along with an index of other evidential and decision making documents that
the court or parties may wish to consider, the judicial allocation proposal and case
summary).
Issue and Allocation: on Day 1 (of 26 weeks) the local authority will file the application
and annex documents. By Day 2 the court will consider the application and allocate the
relevant judge, issue standard directions relating to case management, direct disclosure of
documents, and schedule the Case Management Hearing. An interim hearing will be listing
if the matter is urgent and the child requires immediate protection from harm. The child is
allocated a Children’s Guardian2 who will visit the child to ascertain their wishes and feelings
before the Case Management Hearing (CMH).
Case Management Hearing (CMH): the purpose of the CMH is to agree a court
timetable that schedules all of the steps that will be taken during the proceedings, such as
the filing dates of further assessment and/or intervention for the parents, dates for updates
from professionals, the filing dates of any assessments of family and friends as alternative
carers, and future hearing dates up to the Issues Resolution Hearing (IRH). The court
timetable will take the significant events in the child’s timetable into consideration, for
example starting school, birthdays, or their need for permanency. The court timetable is
very time sensitive and anyone that files documents late can affect the overall timetable and
cause delay.
The CMH will occur between 12 and 18 working days from the date of the application. The
legal practitioners for the Local Authority, parents, and the child will meet prior to the CMH
to consider the evidence and agree a draft Case Management Order (CMO) that will include
the court and the child’s timetable.
Where further assessment or intervention is considered necessary, the CMO will outline the
proposed assessment or intervention, the questions for the letter of instruction, the filing
date, and cost, in accordance with Part 25 of the Family Procedure Rules 2010. The test for
whether an assessment is necessary will be determined by scrutinising the evidence
available to the court. This is where the evidence of professional witnesses is very
important. The parties will consider whether the family have been supported to make
change, and whether they have made full use of this support. If there are ‘gaps’ in the
2 The Children’s Guardian represents the child’s interests in care proceedings.
Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 6 of 30
evidence, the parties may recommend that further assessment takes place so that a just
decision can be made. The parties and the court attempt to avoid repetitive and sequential
assessments, which can be intrusive to families and cause delay.
To ensure that all of the parties arrive at the CMH with a clear position about how the
proceedings progress and to avoid delay in care proceedings, it is important that all of the
evidence is available at the time that the application is issued and they have had time to
consider it. At the CMH the Judge or the Magistrates will consider the CMO and agree,
challenge, or amend the content where appropriate. The CMO will be finalised on this day
and sealed by the Judge. The directions3 in the CMO must be complied with and any
variations must be agreed by the Judge. Failure to comply with directions is contempt of the
court and costs can be sought from any person or agency that fails to comply.
The social worker will continue their assessment throughout proceedings and will consult
with professionals for an update as required. Where professionals continue to work with
the parents or child during care proceedings, an updated report or letter will be requested
or directed to inform the court about attendance and progress. The update will usually be
required at around week 12-14 of proceedings when other assessments are being filed, but
sometimes earlier. The parties continue to review the evidence and the parents’ progress
throughout the care proceedings and make adjustments to the support, assessments and/or
intervention, and the timetable, as required.
Issues Resolution Hearing (IRH) and Final Hearing: the purpose of the Issues
Resolution Hearing (IRH) is to consider all of the available evidence following any further
assessment, to narrow the issues in dispute, if any, and to determine if the court has the
evidence to be able to make a just decision about permanency for the child. Where there
are issues in dispute, the court will schedule a Final Hearing for oral evidence to be heard.
The IRH should occur no later than week 22 (of 26 weeks). Prior to the IRH all professionals
and parties will file the evidence directed in the CMO (usually by week 14). The Local
Authority will consider all of the evidence and file their final evidence and care plan (that has
been endorsed by the Independent Review Officer (IRO) or Child Protection Officer (CPO),
and Agency Decision Maker if applicable) (by week 16). The parents will consider all of the
evidence and the position of the Local Authority and will file their statement in response to
the Local Authority’s evidence and care plan (within 2 from the Local Authority). The
Children’s Guardian will consider all of the evidence, the Local Authority’s final evidence and
3 Directions are orders made by the court.
Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 7 of 30
care plan, and the parents’ response, and will file a Final Analysis, which will include a
recommendation for the child’s permanency (within 2 weeks from the parents).
The legal practitioners for the Local Authority, parents, and the child will meet prior to the
IRH to consider all of the evidence and agree a draft Case Management Order (CMO) that
will include any outstanding issues, if any, and propose a court timetable to final hearing.
At the IRH the Judge will consider the draft CMO and agree, challenge, or amend the content
where appropriate. The CMO will be finalised on this day and sealed by the Judge. The
court will agree a Case Management Order (CMO) that will set down any further directions
and schedule a Final Hearing to determine the final outcome within 26 weeks. In
exceptional circumstances, and where it is in the child’s best interests, the Judge may grant
and extension of 8 weeks to ensure that care proceedings are resolved justly. There is no
limit to how many extensions can be granted, provided the decision is in the child’s best
interests.
Working Together
In order to make decisions within the child’s timescale it is important for the local authority and the
professionals to work closely together. The family must have been given clear expectations and the
opportunity for change at the Child in Need, Child Protection, and PLO Pre-Proceedings Stage. The
parents must be clear on the concerns of the local authority and other professionals. The
professional network plays an important role in supporting the family to make changes and
supporting the local authority’s application to safeguard the child. The social work evidence is
informed by professional and expert evidence and forms the foundation of the application to care
proceedings.
Where the child is assessed as being at risk of significant harm the social worker must evaluate
whether there is an immediate risk to the child’s physical safety or whether the risk is cumulative.
The social worker will consider the impact of the harm on the child’s immediate safety, wellbeing,
and developmental trajectory if the parents are not able to make changes. The available evidence
will be considered in reflective supervision with their line manager(s) and will take legal advice about
threshold. The outcome of these discussions will determine the local authority’s interim position.
Where the family has been robustly assessed and supported to make changes within the pre-
proceedings stage, the local authority may be in the position to make a recommendation about
permanency for the child.
Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 8 of 30
Social Work Evidence
The social worker is ultimately responsible for gathering and reviewing all of the evidence to support
their application to the court. The Social worker will review and analyse all of the evidence and
reflect with their managers to formulate a view about parenting capacity in the short and the long
term. The social worker will write a statement that incorporates the views of the professional
network, their parenting capacity assessment, and their care plan.
The social work evidence template, populated examples, and further guidance is available on the
Research in Practice Website4. The social work evidence template covers the following key areas:
The family’s details, including a genogram;
A chronology of significant events;
Analysis of Harm
Summary of assessments already undertaken;
A Child Impact Analysis, including their wishes and feelings;
A Parenting Capacity Analysis;
Assessment of wider family and friends, and
The Section 31A Care Plan relating to Placement and Contact, including any
recommendations for further assessment and evidence;
The chronology contains the substantive evidence and should refer to hard evidence (specific
incidents) of physical, sexual, emotional or psychological injury, or neglect. Evidence comes from
the children’s disclosures, the child and/or parent’s behaviour, or incidents, usually observed by the
social worker, professionals or family members. Expert assessment can add to the evidence but also
relies on the aforementioned evidence. The social worker must set out the steps that have been
taken by the local authority to understand the underlying issues that have contributed to the risk of
significant harm (through assessment) and the steps that have been taken to provide support and
facilitate change. The social worker analyses the impact of harm on the child’s safety, well-being
and development to determine if they have suffered significant harm, whether they will continue to
suffer this harm, and whether the harm can be attributed to the care they have received. The
impact of maltreatment and abuse may be traumatic, following a specific incident(s), or cumulative
following a series of acts or omissions that have impacted on the child’s safety, well-being, and
development over time.
4 Research in Practice http://coppguidance.rip.org.uk/social-work-evidence-template/
Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 9 of 30
The social worker will assess the parents’ capacity to understand and meet the child’s specific needs
and capacity to protect the child from future significant harm. The social worker statement must
contain evidence about whether the parent is able/unable to work with professionals to make
changes to safeguard the child. They will also comment on the child’s safety and developmental
trajectory if nothing changes. The social worker may rely on the opinion of other professional and
experts to arrive at a decision about the child’s needs and the parents’ capacity, however, this will
depend on the complexity of the issues and the professional experience of the social worker. The
social worker will need to balance the child specific needs with the parents’ capacity to meet these
needs, now and in the future.
The social worker will provide the court with an interim position and a final position on the child’s
placement. An interim position is provided at the beginning of proceedings, and the social worker
may recommend that the child either remains with their parent, that they are placed with a suitably
assessed family member or friend, or that they are placed in unfamiliar foster care.
The social worker may recommend that further assessment takes place before providing their final
position, however, if adequate pre-proceedings assessment has been undertaken, a final position
may be known from the beginning of proceedings.
The social worker will evaluate who, on balance, is best to care for the child, whether that is their
parents, a suitably assessed family member or friend, or whether they should be placed outside of
the family network in a long term foster care or adoption placement. Where a child is placed
outside of the family network it is usual for the child to continue to have contact with their birth
family unless is considered harmful for them to do so.
Evidence from professional witnesses
Professional witnesses typically include, but are not exclusive to, Health Visitors, GPs, School Nurses,
Teachers (and assistants), Substance Misuse workers, Domestic Violence Workers, Family Support
Workers, Police, Probation Officers, all local authority employees, and any other professional that
has contact with the parent or child. Paediatricians, Child & Adolescent Mental Health (CAMHS) and
Adult Mental Health (AMH) workers, may be professional witnesses or expert witnesses depending
on the context of their role. As stated above, the Local Authority must evidence what support and
intervention has been provided to the family to facilitate change. Upon the Local Authority making
an application to the court to safeguard the child the social work evidence is filed with supporting
Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 10 of 30
documents. In the family court, health and education professionals will normally submit a letter
or report setting out their observations of the parent and/or child over a period of time. The social
worker will cross reference these documents in their statement. Such letters or reports are
important sources of evidence for the social worker and children’s guardian to analyse and are
often primary sources of evidence of significant harm, particularly in cases of neglect and
emotional harm. Please see Part II of this document for guidance on producing this evidence.
While it is important for the social worker and professional to have a direct conversation about
safeguarding concerns, it is imperative from an evidential perspective for professionals to commit
their observations and opinions to writing.
There are certain circumstances that should be reported in writing to the Safeguarding & Quality
Assurance Team (Child Protection Chair or IRO) for follow up and a response in writing. These
circumstances, including but are not exclusive to:
The professional does not think their concerns are being taken seriously enough,
The professional thinks that the response to concerns is disproportionate or ineffective,
A professional witness does not provide a verbal or written update to the social worker upon
request, or the update is not provided within timescales to safeguard,
The views of the professional or social worker differ significantly between settings, for
example, a professional reports their concerns to the social worker and then will not repeat
this in a Child Protection Case Conference or in writing, or a social worker acknowledges
their concern but the subsequent action does not appear to safeguard the child.
Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 11 of 30
Human Rights
Information Sharing
The Data Protection Act 1998 is concerned with fairly and lawfully managing personal information
and guidance on how and when to share information is set out in Information Sharing: Guidance for
practitioners and managers (2008). Serious Case Reviews (SCRs) have shown how poor information
sharing has contributed to the deaths or serious injuries of children. Section 11 of the Children Act
2004 places duties on a range of organisations and individuals to ensure there is regard for the need
to safeguard and promote the welfare of children. Most professionals know and understand their
obligations to share information with the Local Authority, however, there are some perceived
barriers to sharing information that we need to consider. There are some important factors to
remember when deciding whether to share information or not, these include:
The responsibility to safeguard a child overrides the preservation of a therapeutic
relationship;
Article 6: Right to a fair trial
Everyone has the right to a fair and public hearing within a
reasonable period of time. This applies both to criminal charges
brought against them, and in cases concerning their civil rights and
obligations. Hearings must be before an independent and impartial
court or tribunal established by law. It is possible to exclude the
public from the hearing (though not the judgment) if that is
necessary to protect things like national security or public order. A
person who is charged with a criminal offence is presumed innocent
until proven guilty according to law and must also be guaranteed
certain minimum rights in relation to the conduct of the criminal
investigation and trial.
Article 8: Right to respect for private and family life
Everyone has the right to respect for their private and family life, their
home and their correspondence. This right can be restricted only in
specified circumstances.
The evidence submitted to court must demonstrate
that the Local Authority has been mindful of Article
6 & 8 of the Human Rights Act 1998 which are
concerned with the right to a fair trial and
respect for family life. The Local Authority can
only intervene in family life under special
circumstances, such as where there is evidence of
significant harm. The Local Authority must clearly
evidence specific incidents of significant harm and
the impact that his harm has had/will have on the
child to satisfy the court that threshold for
significant harm has been met and to justify
intervention in family life. The local authority must
also demonstrate that efforts have been made to
preserve the family unit through offering access to
appropriate support and intervention.
Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 12 of 30
Professionals who are working with adults have a responsibility to report information that
may be harmful for children;
Information that is reported to the social worker will be used to inform the assessment of
the child;
It is best practice to follow up any verbal reports of information in writing so this can be
used as evidence to safeguard the child;
Assuming that the social worker has enough evidence to safeguard can place the child at
significant risk of harm, and in worst case scenarios, be fatal;
PART II: Guidance on Writing a Supporting Letter or
Report
The principles for writing a report for court are similar to many other contexts. The following section
will outline the purpose, audience, content and key areas to consider when writing your submission.
This document can be used for Child Protection, PLO pre-proceedings cases and those being issued
into care proceedings. Documents provided for Child Protection Case Conferences are often used in
evidence to safeguard children, therefore, should always be prepared to a court-worthy standard.
The Child’s World
Although the child protection system does its best to be child focussed, there continue to be many
distractions away from the child. Ideally, the best route to securing the child’s safety and stability is
to work with the parents to address their difficulties, however, sometimes parent(s) problems
overwhelm and distract from the emotional anxieties and needs of the child. Sometime there are
legal and bureaucratic complexities or high caseloads that divert our attention. There is a clear and
important role for professionals working with children, and that is to bring the child into the court
room. Tell your audience about the day to day life of the child and/or parent and the how this might
impact on the child’s safety or wellbeing.
The Local Authority will, in the first instance, work with the family to make changes, however,
where this is not possible within the child’s timescales, a decision about permanency must be made.
The Local Authority is responsible for resourcing families to make changes and making all possible
attempts to preserve the family unit, however, the needs of the child are paramount and sometimes
swift decisions needs to be made to safeguard a child.
The parents we work with wear many hats and many labels, sometimes at the same time – ‘victim’,
‘perpetrator’, ‘substance misuser’ – it can be easy to forget other important labels - ‘mother’,
‘father’, and ‘protector’. For professionals working with parents, it is important to take a child
centred family focussed approach and ‘Think Family’.
Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 13 of 30
Audience
When preparing your evidence it is helpful to consider your audience. The primary reason for
submitting your evidence is so the Judge can make a decision, however, the parties to proceedings
and other professionals also play important roles and will also be considering your evidence:
The Judge: the Judge’s primary role is to make a final and permanent decision about
where the child should live - either with their parents, with other relatives, or outside of
their family network. This weighty decision needs to be informed through evidence
submitted by the social worker, experts, and other people in the child’s life, including
relatives and professional witnesses. The Judge is concerned with achieving a fair and just
outcome to care proceedings and will ensure that the relevant legislation and statutory
guidance has been followed by all professionals.
Social Worker: the social worker make their own assessment that incorporates the
written evidence from experts and professional witnesses to evidence their assessment of
risk of significant harm, parenting capacity, and to inform decisions about safeguarding
the child and making decisions about permanency. The supporting documents are
summarised and cross referenced in the social work evidence and are relied upon in
written and oral submissions as hearsay evidence.
Children’s Guardian: the Children’s Guardian represents the child’s interests in care
proceedings. As part of their enquiries they will review all of the evidence and visits the
child. The Children’s Guardians will scrutinise the efforts of the local authority and
professional network to ensure that every effort has been made to safeguard the child
and preserve the family unit. The Children’s Guardian provides the court with an initial
and final analysis after review of the evidence.
Legal Practitioners: the Parents, the child, and the Local Authority will be legally
represented by a solicitor or barrister. Their role is to examine all the evidence put before
the court and represent the interests of their respective clients. Where there is
discrepancy, lack of clarity, or gaps in the evidence the individual submitting the evidence
may be called as a witness for cross examination.
Experts and Other Professionals: with the discretion of the court social work, expert, and
professionals reports may be disclosed to experts and other professionals so they can
undertake further assessment of parenting capacity, or intervention, when this is
considered necessary to inform the decision of the Judge.
The Parent(s): the parents are likely to read your submission so ensure that the language
you use is direct and to the point and enables the parent to understand your concerns and
reasons for reporting them. Parents will be assisted by their solicitor to understand the
content of the statement and supporting documents so reading age, English as a second
Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 14 of 30
language, or other barriers to understanding should not limit your language too much.
Interpreters and advocates will be provided where necessary.
Content
Some organisations submit their evidence on templates, however, others prepare letters or reports.
There are no rules about this but there are best practice standards that should be considered,
whichever your preference:
Practicalities
Always date and sign your report,
State your full name and professional title,
Provide a description of the service you and/or your organisation provides,
It may be necessary to submit your curriculum vitae to confirm your qualifications,
particularly if you are providing expert evidence, if this is required it will be raised by the
local authority solicitor,
Include a summary of the reason you know the family/child, including when you first met,
the frequency that you saw them, the reason for this contact (i.e. a referral from social
services, or self-referral, scope and purpose of the contact),
Include the start and end date (if applicable) of your relationship with the family. Where the
relationship has ended state the reasons why,
There are no rules about length – this should be determined by how much involvement you
have had with the family and how much evidence you can assist the court with. If in doubt
about whether a letter or a report is required professionals should discuss the requirements
with the social worker who will consult the local authority solicitor. Be succinct and to the
point in whatever you present to avoid important information getting lost in extraneous
detail,
Submit your letter or report on the letterhead of the organisation that employs you,
Avoid providing your evidence in an email as this lacks the requisite formality of an
evidential document. It is best practice to attach a signed PDF document to an email, and/or
to post a signed printed copy of your submission,
Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 15 of 30
Significant Incidents, Observations& Interactions
The court relies on social workers and professionals to provide the court with a robust, evidence
based assessment of the child’s circumstances at home in order to make a just decision. Set out any
significant incidents or observations that have occurred during the time you have known the family.
Significant incidents: Set out the date and description of any significant incidents. A
significant incident is any event or interaction that made you feel concerned for the child’s
safety or well-being either by commission or omission. Conversely, there may be positive
events or interactions that you wish to comment on. Wherever possible, comment on
whether any observed incident impacted on the child, such as their self-esteem, interaction
with peers and their surroundings, response from peers, or attention and concentration.
Patterns of Neglect: In cases of neglect significant incidents may be many small indicators
that add up over time. In these instances it is preferable to discuss themes that you have
observed over time, such as looking dishevelled and wearing torn and dirty clothes, poor
personal hygiene and smelling of urine, appearing to be hungry, scavenging food, eating
double portions of school dinners, craving adult attention rather than seeking out peers,
looking tired and listless in class, or arriving late to school regularly and/or having a poor
attendance record. Posture and verbal interactions (or lack of) can be a good indicator of
how a child is feeling. Some children may seek out adult attention in preference of peer
relationships, while some children may not know how to ask for help and be overly self-
reliant. While all children have unique personalities and dispositions, observations of
obvious attention seeking behaviour or overly compliant or introverted behaviour may be
indicative of difficulties with the parent child relationship. Do your best to quantify the
regularity of these themes and include dates and specific examples wherever possible, but
avoid overwhelming the reader with extraneous detail.
Patterns of Behaviour: comment on experience of the parent or child’s behaviour, for
example, unpredictability, unreliability, chaotic behaviour, violent tendencies, verbal abuse,
high criticism, low warmth, confrontational behaviour, or undermining professionals and
other potentially safe adults (ie police, medical staff, teachers, social workers) in front to the
child, or whether the converse is true. Is the parent able to acknowledge the potentially
harmful effects of their behaviour? Where does the child fit within the narrative about the
parents’ life and their difficulties? Does the child internalise or externalise their feelings?
Overly compliant behaviour in children is often overlooked and should be noted when there
are other risk factors present, and can indicate that a child is subjugating their own needs or
fear the consequences of misbehaviour. Comment on whether a child’s behaviour changes
when their parent is near, or whether a parent appears unduly hassled or overwhelmed by a
child’s demands. Comment on how behaviour impacts on your interactions with the parent
or child. Do your best to quantify the regularity of these themes and include dates and
specific examples wherever possible, but avoid overwhelming the reader with extraneous
detail. Wherever possible, comment on how this impacted on the child and others.
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Parent or Child Observations & Interactions: Where parents’ present with particular
difficulties, such as mental health or substance misuse issues, it is important to comment on
how this impacts on their day to day functioning and interpersonal relationships.
Observations of interactions and presentation of the child and parent together and with
others is very important and powerful evidence. Children often express a lot during their
play and interactions with other children and adults. Adults are equally expressive in their
interactions with others. If you have had concerns, please describe your observations. If
you don’t feel confident in assessing the reasons behind the behaviour simply state what
you saw and how it made you feel or the impression that it gave. Avoid drawing conclusions
that you do not have evidence to support. Conversely, there may be positive observations
or interactions that you wish to comment on.
Attendance and Progress
Parents are encouraged to attend services to address their issues and their attendance and progress
can be crucial to reducing the risk of harm to children. The local authority can work with a degree of
risk while parents take steps to change their circumstances, however, it can be unclear at times
when a parent’s engagement with a service is genuine, superficial, or resistant unless there is a clear
view from the professional. If you are working with an adult in relation to child protection concerns
the social worker will need updates about attendance and progress. Equally, if a child requires a
service, it is important that their parent facilitates this. While the Local Authority does not want to
impede on a productive therapeutic relationship, information about attendance and progress is
important to ensure that the parent has taken the Child Protection concerns seriously and is
attempting to remedy the child’s situation. When submitting your letter or report, please comment
on:
Attendance: Tell the reader what appointments were offered and for what purpose.
Comment on whether the parent made full use of this (ie how many appointments were
offered and how many were attended, and the outcome of the appointment), if the parent
missed appointments comment on the reasons for this and any evidence provided to justify
their absence. Comment on the organisational policy for missed appointments (ie many
organisations will allow three missed appointments before discharging service);
Progress: where you have undertaken goal based work, state the goals and summarise the
parents progress towards achieving these goals. Where goals have not been formally set
you can comment on any observable change. Comment on the parent(s) ability to work
through their problems and accept your advice and professional opinion.
Barriers to Progress: comment on anything that may have been a barrier to attendance or
progress, such as language, cognitive functioning (diagnosed or suspected), mental health
difficulties (diagnosed or suspected), substance misuse (confirmed or suspected),
motivation, finances (ie travel), resistance, or any other factor.
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Perseverance vs Conclusion: Many of the adults we work with suffer from a range of issues
that prevent them from fully accepting their own and their children’s circumstances, and the
impact this will have in the short or long term. While there are times when we need to
persevere, there are times where we need to conclude or review our intervention, such as
when attendance or progress is poor. Failing to report a lack of progress or poor
attendance can mask the risk of harm and give the impression to the professional network
that concerns are de-escalating, when in reality the risk to the child remains unchanged.
Dormant cases in therapeutic settings can give the impression that parents accept that there
is a problem and they are working on it, when no actual work is being undertaken and the
risk remains unchanged. While it is ultimately the professionals’ decision on whether to
persevere or conclude their service, the Local Authority need to be kept informed of
progress to ensure that the risk to the child is managed.
Outcome Monitoring: All services have clear outcome monitoring standards for work being
undertaken. It is helpful for these standards to be clearly stated and applied when writing
submissions for court, although preferably not reproduced in full.
Making Recommendations
This will not be relevant to all professionals. Where a professional is providing a treatment service,
it may be appropriate to make recommendations about future treatment with themselves or
another service. For example, for an adult attending a drug and alcohol service it may be necessary
to recommend that a hairstrand test be undertaken to provide a baseline sample of substance
misuse, or recommend a more intensive treatment service. Other examples are that it may be
appropriate for a teacher to make recommendations for an Educational Psychologist Assessment, or
for a Health Visitor to recommend a Paediatric Assessment, or an adult mental health worker to
recommend a cognitive assessment, or a therapist to recommend a period or type of treatment.
If recommendations are being made, please consider the following factors:
Scope: outline the scope of the work that is being recommended, including the goals of the
intervention.
Specificity: identify a specific service(s) and check availability. When a specific service is not
nominated, outline the criteria for referral to an appropriate service. Describe the service
that is being proposed and why it is being proposed.
Realistic: It is important to be realistic about what is achievable for the client, available in
the local area, and reasonable in cost.
Frequency: outline the frequency of attendance that is being recommended so there are
clear and measurable expectations.
Timescales: comment on when the service could start and the duration of the
recommended intervention.
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Prognosis: comment on the prognosis for meaningful engagement and change. Based on
your experience of working with the parent or child, how likely is it that they will attend and
meaningfully engage? Outline the reasons that you think the intervention will/will not be
successful, and outline any barriers that you anticipate. Wherever possible the social worker
will take steps to overcome these barriers.
Confidentiality: Disclosure of Documents
Where documents have been provided for a Child Protection Case Conference, the Local Authority
must seek consent from the author to disclose this into evidence in care proceedings. Where the
case is being issued into proceedings the social worker will request consent for disclosure. Where
the consent is denied and the court considers the evidence to be important to decision making a
direction may be made by the court for the professional to file the evidence or be summoned to give
oral evidence. This can cause delay in care proceedings. Professionals can authorise disclosure of
documents into care proceedings within the document.
Limitations of expertise
Each professional has an important role in providing evidence to the court to obtain a whole picture
of the child’s life. Each professional holds an important piece of evidence that the social worker will
draw together in the initial and final statement to be able to provide an interim and final position on
the child’s safety and well-being. When preparing for court the
social worker will ask professionals within the network to comment
on work that has been undertaken in accordance with this guidance.
Where there are gaps in the evidence, the social worker will put
questions to the professional or ask for clarification.
Knowing what you know, is as important as knowing what you don’t
know. It is important not to step outside of your area of expertise
and make concrete statements where an expression of uncertainty
will suffice. For example, where you have observed a parent
behaving erratically it is preferable to describe their behaviour (ie unsteady on their feet, fidgeting,
and fluctuated between loud direct but disjointed comments and muttering to themselves) rather
than speculate as to why this might have been where there is a lack of evidence for causation. If
the court requires further expertise in a particular area, this will be identified and progressed during
proceedings.
The scope and limitations of expertise has been subject to much debate and this guidance will be
updated, in consultation with professionals, to include a view on what each professional can
helpfully contribute to safeguarding and decision making for the child. There is recognition that
there are some limitations to the questions that should be asked of professionals, for example:
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A treating psychiatrist should provide a report that clearly states a detailed psychiatric
history including any admissions to hospital, diagnosis, medication, compliance with
medication, engagement with treatment, impact of the diagnosis on their day to day
functioning based on past behaviours, impact on interpersonal relationships, prognosis,
treatability, future treatment, and timescales of this treatment.
A treating psychiatrist should not be asked the type of questions put to an independent
psychiatrist, such as, questions that draw conclusions about long term parenting capacity, or
about the child, especially where they haven’t seen the child.
Expert Witnesses
The rules for Expert Witnesses are different to those of professional witnesses. Part 25 of the Family
Procedure Rules (FPR) 2010 provides specific guidance on the instruction and use of Experts in Care
Proceedings. The overriding objective of an Expert Witness is to help the court on matters within
their expertise, the scope of which will be set out in a Letter of Instruction. There are some
instances where professional evidence is used as Expert evidence, such as a paediatric report in
cases of non-accidental injury. To ensure that care proceedings are resolved fairly and swiftly the
court has the power to restrict Expert Evidence to that considered ‘necessary’, and to seek further
information through specific questions to the professional or Expert. In accordance with Part 25 FPR
2010 the parties must file an application for an Expert that clearly sets out the scope of the work
(Letter of Instruction), the specific practitioner that will undertake the work, the start date and
report date, and the cost. The application should set out the impact of any delay that may be
incurred by instructing the Expert.
Diagnosis & Day-to-Day Functioning
Where a professional is working with a parent or child it is helpful for any confirmed diagnosis to be
defined within the report, with explanation and evidence of how this will impact on their day to day
functioning. Where a diagnosis has not been confirmed, it is recommended that the social worker or
professional comment on observations of day to day functioning.
When commenting on day to day functioning, you may wish to consider, but not be limited by, the
following themes:
Independence: how independent is the parent/young person/child? Is the level of
independence age appropriate? What factors impact on their independence? How much
support do they require? What do they require support with, and how often? What
happens if there is no support available? Who normally provides this support? What is their
capacity to develop their independence? Does the level of independence influence the
parents or child’s vulnerability?
Routine: is there a consistent routine in place in the home? Who is in charge of the routine?
Does the routine support the child’s basic and educational needs? Where there is a lack of
routine, does this impact on the child? Are there any factors that disrupt routine?
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Relationships: Does the parents specific difficulties impact on their relationships with others
(children, family, professionals, partner, and/or friends)? Is there a risk of conflict? Do the
parents role model healthy relationships to their children? How are people outside of the
family viewed? What is the capacity for warmth or criticism towards others? Do they have
healthy narratives about others?
Participation: Does the parent or child participate in the local community or other activities?
Does/has the parent participated in education, training, or employment? Is the child
encouraged to participate in the community or other activities important to their social and
behavioural development? What are the barriers to participation?
Beliefs and values: has the parent expressed any beliefs or values that have concerned you
or pose a safeguarding risk? Do the parent’s beliefs and values appear to be balanced,
distorted, realistic, overly prejudiced, low/highly critical, low/high warmth, open/closed,
social/anti-social, positive/negative regard, punitive/lenient, empathetic/un-empathetic,
extreme views, harmful traditional practices, superficial, or overly concrete?
Cognitive Functioning, Learning Difficulties & Disabilities
Where there are indications that a parent or child is suffering from cognitive difficulties, this should
be raised with the social worker so that steps are taken to ensure the appropriate services and
supports are in place. Cognitive functioning difficulties are often recognisable through difficulties
with perception, thinking, remembering, comprehension and reasoning. An individual’s cognitive
functioning can impact on the way the world is viewed and capacity to learn new things and make
progress.
Where a parent has cognitive difficulties, learning difficulties or disabilities, it is important to ensure
they have been appropriately supported to understand and overcome the child protection concerns.
There are specific ways of working with adults with learning difficulties to make it easier for them to
understand and make sense of the concerns, and to take steps to make changes. Failure to identify
and provide this support in the pre-proceedings stage is an infringement upon the parents’ rights
and can invalidate evidence presented to the court. Parents with learning difficulties or disabilities
should have the benefit of working with a professional trained in the Parenting Assessment Model
(PAMs).
Subjectivity
Care proceedings brings together a range of people from a variety of disciplines to achieve a
common goal, however, it is not uncommon for issues to arise from poor communication arising
from different training backgrounds. Some common themes are outlined below:
‘Stable’: The word ‘stable’ is demonstrably one of the most subjective terms used in the
child protection sector. The use of the word varies as much within disciplines as it does
across disciplines. ‘Stable’ is a subjective term derived from personal interpretation and
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based on personal opinions, values, or feelings. A few of the examples seen in practice
include, ‘stable’ from an adult psychiatric perspective means that the patient is not in an
acute state of psychosis, but may also mean they were not behaving erratically, or have
been compliant with medication for (variable) periods of time, or weren’t showing outward
signs of distress or anxiety during their consultation. From a housing perspective, ‘stable’
means there is not an immediate risk of eviction, or no evidence of transience or multiple
addresses. From a substance misuse perspective, ‘stable’ may mean that they have
achieved abstinence for a (variable) period of time, or have achieved a level of coherence or
a reduced level of use. ‘Stability’ from a child protection perspective considers the broader
context of stability in relationships, routine, living arrangements and day to day life.
‘Stability’ is relative and determined by context and discipline so should be qualified with
description of the facts and evidence. Where ‘stability’ is being considered, the ‘Think
Family’ model should be applied, and the description should qualify the use of the word
‘stable’.
Generalisations: Use of the words such as ‘engagement’, ‘appropriate’, ‘compliant’,
‘resistant’ tend to be sweeping statements that are presented as a general truth but based
on limited or incomplete evidence. These words infer universality of understanding of what
these terms might mean. Use of any of these words should be qualified with evidence and
examples to provide context. It is not acceptable to just say that a parent ‘engaged’ as your
own interpretation of engagement may differ from the expectations of the social worker or
the court.
Jargon: All disciplines use jargon, however be mindful of how jargon is understood (or
misunderstood) by others. Submissions to court are reviewed by a range of different
disciplines and clear communication is crucial for achieving a swift and just outcome. Be
conscious that jargon can be perceived as obscure, meaningless or pretentious by others.
Jargon can mask or escalate concern.
Acronyms: it is acceptable to use acronyms if you follow the usual conventions of defining
the first example. Don’t assume that local service acronyms will be understood by a judge,
parties or professionals who work across Boroughs. For example, FAS in Camden is the
Family Alcohol Service, an alcohol treatment service, whereas in Islington it is the Family
Assessment Service, a multi-disciplinary parenting assessment team;
Style Notes
Be succinct: set out your evidence to the judge in clear language, limit yourself to what is
important. It is tempting to provide an abundance of information, however, there is a risk
that important detail will get lost in extraneous information. Court bundles are notoriously
bulky and the parties will appreciate a succinct report that is to the point. While it is
important to be succinct, it is more important to be sure that the court has the evidence it
needs to make a decision, and this balance will require your judgement.
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Be direct and to the point: say what you mean. While it can be difficult to report some
information, the safety and outcomes of the child may depend on it. When preparing your
written submission it can be helpful to read your report (or the sections that you are finding
difficult) out loud to a colleague to hear how it sounds and to get constructive feedback.
This can help to ensure it sounds fair and balanced while communicating the important
information. Many practitioners are worried about disrupting their working relationship
with the parent if they are too direct, however, it is important to be transparent. It is
possible to maintain a relationship with a parent while being direct and expressing your
concerns, and in many cases can motivate change.
Language: Avoid language that might escalate or de-escalate concerns, if in doubt have a
manager or colleague read your submission and give you their impression.
Be balanced: highlight concerns explicitly in clear language but ensure that you highlight the
positives as well. Ensure that you comment on times where you have been able to work well
together for the interests of the child. If you have not been able to work constructively
together, state this and the reasons why. ‘Balance’ should not translate to ‘vague’.
Balanced means that people are capable of simultaneously showing parenting strengths
while experiencing difficulties, or experiencing periods of strength and periods of difficulties.
Presentation: while there are no strict rules about presentation it is helpful to use Times
New Roman, Ariel, or other easily legible font, that is 11 or 12 pt, and 1.5-2.0 spacing.
Always word processed, never handwritten. Always a document, never in email form.
Quality Assurance: A robust quality assurance process is an important stage in submitting
your evidence. Many agencies require that a line manager reads the submission before
distribution.
Being called as a witness
The court is willing to use hearsay evidence – that is statements not made in oral evidence in the
proceedings – but when submitting evidence to court there is a chance you will be called as a
witness. The court will avoid calling witnesses unless it is absolutely necessary and only when there
are disputed facts, or areas that require cross examination by the parties. Expert witnesses (ie
psychiatrists, psychologist, and members of multi-disciplinary teams) are far more likely to be called
than professional witnesses (ie teachers, nurses, GPs, domestic violence or substance misuse
workers). If you are called as a witness, the following provides a brief overview of what to expect,
and some suggestions on how to prepare:
You will be advised by one of the legal representatives if, and when, you will be required at
court;
Review the written evidence you have provided to the court so it is fresh in your mind. A
copy will also be provided for you in the witness box;
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The court may disclose other pieces of evidence for you to review before you provide
evidence. You should be given sufficient time to read any other evidence before
commenting;
While there is no strict dress code at court, it is advisable to dress neatly as it is a formal
setting where significant decisions about children’s lives are made. Many people wear suits
to court, especially when giving evidence;
The parent(s), local authority, children’s guardian, and each of their legal representatives will
be present in the court room. The Judge and their clerk will also be present, and sometimes
an usher. Sometime instead of a Judge there are three Magistrates and a legal advisor.
The legal advisor or usher will ask you to swear or affirm that the evidence you will give with
be truthful;
Once you have been sworn in you will be asked to confirm your name, professional title and
address, and to confirm your documents.
The usual process is for the solicitor who called you as a witness to ask for your evidence and
to ask questions to clarify any points. The other parties legal representatives will cross
examine your evidence by asking questions. These questions may seek to clarify points you
have made, seek further detail, or challenge your evidence.
Remember that you are there to assist the Judge with making a very important decision.
If you are asked a question that you don’t know the answer to or is beyond your expertise,
simply say this, the court will be pleased that you know the boundaries of your knowledge
and expertise.
If you do not understand the question that is being put to you, ask that it be re-phrased or
repeated.
If a legal representative makes a statement that indicates a ‘yes’ or ‘no’ answer (closed
question) you may answer in more detail, especially if you only partially agree or disagree
with the statement.
If the barrister is making you feel uncomfortable, reduce the effectiveness of their
communication by averting eye contact – 70% of communication is nonverbal, and this
makes a challenging line of questioning more manageable. Remember to remain composed
and direct your responses to the judge rather than be distracted by the barristers’ facial
expressions, gestures, and postures.
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Glossary of Terms
Abuse The law says there are four types of child abuse: physical abuse, emotional abuse,
sexual abuse and neglect. If a child is being abused in any of these ways, the local authority will
take action and will think about taking the child into care. Adoption A child becomes
adopted when a court makes an adoption order. The order can be made even if the child’s
parents do not agree. The adoption order removes parental responsibility from the child’s
parents and passes it to the adopters. They become the child’s parents and are responsible for
all aspects of the child’s care and for making all the key decisions about them. The birth parents
are no longer the child’s parents and cannot have him or her back. Assessment A court
can order assessments to take place as part of making its decision about how a child should be
looked after. These assessments involve professionals such as doctors, psychologists or
counsellors meeting a child or the child’s parents and finding out information to report back to
the court. Care normally refers to what happens when a court decides that the child should
not live with their parents. The child goes into care and lives in either a foster home or a
children’s home. It can be for a short while or for some years. Court order A court order
is something a judge or magistrates can make. It can be about all sorts of subjects from where a
child should live to who is allowed to have contact with a child in care. Examples include: a care
order or a supervision order. If someone does not follow a court order, they can be taken back
to court. Family Group Conference A Family Group Conference is a meeting that
brings together friends and extended family in a situation where there is a problem in a family,
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usually involving a child. An independent person called a coordinator brings the family and
friends together. Harm If a child has suffered significant harm (illtreatment), or is thought to
be at risk of significant harm, the local authority will get involved in the child’s life to try to
protect them. This can be the start of care proceedings. Letter before
proceedings A letter before proceedings is a formal letter. It invites parents to come to a
meeting with your local authority because they are worried about their child. Long-term
fostering This is when a looked-after child stays with a foster carer until they reach
adulthood. Neglect is when a child does not get the care they need. That includes food,
warmth, safety, education and general attention. Parental responsibility Parental
responsibility is the legal right to make decisions about a child’s life. A child’s mother gets
parental responsibility when their child is born. If the child’s father is married to the mother
they will have parental responsibility or if they are named on the child’s birth certificate and the
child was born after 1st December 2003 they will have parental responsibility too (see page 7
for more information). Sometimes a local authority will ask a court to give them parental
responsibility for a child who they may or may not then take into care.
Parties are persons who are directly involved or interested in the case, usually the local
authority, the parents, and the children’s guardian. Pre-proceedings meeting A
pre-proceedings meeting is a key part of the process the local authority uses to decide whether
or not to go to court about a child. The aim is to agree how parents will change the way they
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look after their child. Residence order This is a legal document from a court which says
who a child should live with. That person will have parental responsibility for the child. It will
usually last until the child is 16. Special guardianship A family member, family friend
or the child’s foster carer can ask the court to become the child’s Special Guardian. A Special
Guardian has parental responsibility for the child. They become responsible for everything to do
with the child’s care and for taking decisions to do with their upbringing. However, they cannot
consent to the child’s adoption, give them a new name or remove them from the UK for longer
than 3 months. A Special Guardianship Order lasts until the child turns 18.
Whos who?
Child’s guardian A children’s guardian is an independent person appointed by the
court to work out what the best thing would be for your child. They do not work for your local
authority. Their job involves meeting your child, meeting you and other members of your family.
They may also meet your child’s teacher, social worker and doctor. They then write a report for
the court saying what they think would be best for your child. Children’s services The
part of your local authority that deals with all the local authority’s services for children. It used
to be known as “social services.” Judge A judge is the person who makes decisions in a
county or crown court. Magistrate Magistrates make decisions in magistrates’ and family
proceedings courts. Normally there are three magistrates who work as a “bench”. This means
they make decisions together. Solicitor/barrister A solicitor or barrister is someone
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qualified in the law who helps people put their side of the story in court and in other situations
where they need help. Solicitors and barristers are sometimes called lawyers.
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Helpful Links
Research in Practice – Court Orders & Pre-Proceedings Guidance
This website supports professionals to understand and implement changes in practice required to meet the statutory requirements under the Court Orders and Pre-Proceedings Guidance 2014.
The resources are designed to build skills and knowledge for: children’s social workers; IROs; local authority legal teams and key local authority partners. It will be useful for those who are newer to their roles, but also for others as a refresher on the new requirements.
http://coppguidance.rip.org.uk/
Working Together to Safeguard Children https://www.gov.uk/government/publications/working-together-to-safeguard-children
Information Sharing: Guidance for practitioners and managers (2008)
Seven Golden Rules for Information Sharing
Information Sharing Flowchart http://webarchive.nationalarchives.gov.uk/20130401151715/https://www.education.gov.uk/publications/standard/publicationdetail/page1/dcsf-00807-2008
Children Act 1989, Children Act 2004, Children & Family Act 2014 http://www.legislation.gov.uk/all?title=Children
Public Law Outline (2014) http://islingtonchildcare.proceduresonline.com/chapters/p_pub_law_outline.html
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Partner Agencies – Appendices
This Best Practice Guidance- Submitting Evidence to Court – Working Together will be reviewed in
January 2015. The policy team are aiming to develop appendices in consultation with partner
agencies that will set out how each professional witness can helpfully contribute to safeguarding
children and working in partnership with families.
Please consult within your agencies and complete the form set out below and return it to
[email protected] by 31st January 2015. Please be as detailed as your busy schedules
permit. While we need a response for each agency, some professionals may wish to submit their
own individual responses. The contributions will be collated and developed in collaboration with
the Camden and Islington Safeguarding Children’s Boards to be included in the revised Best
Practice Guidance.
Agency/ Professionals name:
Safeguarding Lead Name & Designation:
Safeguarding Lead Phone:
Safeguarding Lead Email:
Description of Service Provided by the Agency/Professional/Expert (including any eligibility criteria, duration of service)
Describe the expertise within the agency (refer to professional groups where there are multiple employees with the same type of expertise). This may be described in terms of qualifications, experience, and/or expertise.
Describe how the agency, teams or individuals can helpfully contribute to safeguarding children during the pre-proceedings stage, and during care proceedings. (Consider the work that is undertaken with parents and children and in light of the guidance provided within this document. Please comment on, statutory roles and responsibilities, the agency mission statement and ways of working, how the family can be supported, interaction with the social work team, how you adopt the Think Family model within your practice, and any other continuous improvement, theoretical, or evidence based strategies your team or agency has adopted.
Written by: Sarah Rothera, Care Proceedings Case Manager Contributors: Eva Holland, Camden Legal Services, and Laura Eden, S&QA Islington Dated: 5th September 2014 Final V1.6 Page 30 of 30
You may wish to include questions for a letter of instruction).
Comment on what is working well and ways that we can all improve.
Are there any limitations or particular requirements when submitting information or evidence to the local authority or court?
What further training or support, if any, does the agency/professional have planned or need?
Please comment on the best practice guidance – what is helpful and how it could be improved?
Many thanks for your time and contribution!