the care process and the role of the local authority mike ferguson principal manager, children...
TRANSCRIPT
The care process and the role of the local authority
Mike Ferguson Principal Manager, Children Looked After and Leaving Care
020 8891 7679 [email protected]
Children Act 1989
Came into effect in October 1991 Brought together much previous legislation
into a coherent whole Guiding principle – ‘the welfare of the child is
paramount’ Introduced the concept of Parental
Responsibility
Parental Responsibility (PR)
‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’
cannot be lost unless a child is adopted
Who has Parental Responsibility?
Mothers always have PR Fathers have it if:
They are married to the mother when the child is born They jointly register the birth (since 1 Dec 2003) The make a PR agreement with the mother A Court makes an Order giving them PR
Local Authorities and PR - 1
Local Authorities acquire PR when a Court makes an Interim or Full Care Order (s38 and s31, Children Act 1989)
This allows LAs to make decisions about a child’s health and education etc., even against parents’ wishes (though parents will be consulted – they haven’t lost PR)
Local Authorities and PR - 2
Local Authorities do not acquire PR when a child is ‘accommodated’ (s20, Children Act 1989)
This is a voluntary arrangement between the LA and the parent(s), and parent(s) retain the authority to make decisions about health and education etc.
PR – What it means for schools
It’s important to know what a child’s legal status is (i.e. who has PR). This affects things like: Who should come to parents’ evenings Who can agree to a child going on school trips Who can collect children from school Who should get copies of reports, letters etc.
Broadly speaking, decisions are made by the Local Authority when there is a Care Order, and by parents when children are ‘accommodated’
But check with the child’s social worker!
Processes for Looked After Children
Looked After Reviews A month after becoming Looked After, then
after another three months, then every six months
Personal Education Plans In Richmond, twice a year
Health Assessments Annually (twice a year if under five)
The role of schools in LAC processes
Looked After Reviews Education information should be available
and will be discussed, though schools do not always attend the meeting
Personal Education Plans Schools are vital!
Health Assessments School nurses should be involved
Points to note
It’s important to know a child’s legal status
If in doubt, speak to the child’s social worker