Care and supervision orders

Procedure

Under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, provision is made by FPR 2010, PD 12A (the Public Law Outline (PLO)) for a tightly managed case management system in relation to proceedings under Part IV of the Children Act 1989 (ChA 1989) including:

  1. pre-proceedings checklists

  2. annex documents

  3. advocates' meetings

  4. case management hearings

  5. issues resolution hearings, and

  6. directions

See Practice Note: Public law children procedure—Public Law Outline.

Local authority duties

ChA 1989 provides for local authority social services departments to be responsible for making sure that children are safe and appropriately cared for by their parents or a person looking after them. Local authorities also have a general duty of care to promote the well-being of children in their area and are responsible for investigating any child in their area where they have cause to suspect the child is suffering, or is likely to suffer, significant harm.

Typically a local authority may start an investigation where:

  1. it is directed to do so by the court

  2. there is a persistent

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Cafcass guidance on conflicting assessments in public law cases

The Children and Family Court Advisory and Support Service (Cafcass) has published new guidance for local authorities and Cafcass for cases where the views of the children’s guardian (and therefore their independent advice to the court) and the assessment of a local authority social worker and/or the independent reviewing officer fundamentally differ on the final care plan or interim arrangements for a child. The guidance applies to all children in care and supervision order applications under section 31 of the Children Act 1989 and deprivation of liberty applications. The guidance sets out the process that should be followed at any point during proceedings where a divergence arises and should be completed before final recommendations are submitted to court. The guidance requires that a pre-final hearing meeting be convened to identify and document the points of difference for the court. It includes suggestions for structuring the pre-final hearing meeting, a template agenda and a template for sharing the agreed rationale with the court. The guidance is not intended to be used to agree a joint position, rather to make sure that recommendations to court include a clear explanation about why the children’s guardian, the local authority social worker and/or the independent reviewing officer have reached fundamentally different positions. The explanation must set out what the points of difference are so that the judge in the case can better understand these. It remains for the court to decide what is safe and in the best interests of the child.

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