Child care proceedings

Under the Children Act 1989 (ChA 1989), local authority (LA) social services departments are responsible for making sure that children are safe and appropriately cared for by their parents or the person looking after them. LAs must investigate any child in their area where they have cause to suspect the child is ‘suffering, or is likely to suffer, significant harm’.

When an LA becomes involved with a family in which the children are at risk, it will work with the family and involve relevant agencies and professionals.

Before a court application is made, a child protection case conference should be held, to which parents/carers, relevant professionals, organisations and agencies are invited, to see if the child could properly be protected without a care order being made. The pre-proceedings protocol of the Public Law Outline (PLO) (now set out in FPR 2010, PD 12A) should be followed. See Practice Note: Child protection conferences.

Typically, an LA may start these investigations for any of the following reasons:

  1. when directed to do so by the court

  2. where there is a persistent failure to comply

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Local Government News

When time is critical—the balance of convenience (International SOS Assistance UK Ltd v Secretary of State for Defence)

Public Law analysis: This case concerns a successful application submitted by the contracting authority under regulation 96 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, to lift the automatic suspension imposed by regulation 95(1), alongside the refusal of a request for an expedited trial by International SOS Assistance UK Ltd (the claimant). The judgment highlights the court’s careful consideration of urgency surrounding the implementation of new arrangements, in this case, the provision of medical services to military personnel overseas. The case provides useful clarification on the factors considered when determining whether to lift an automatic suspension. It highlights the court’s approach in weighing the potential advantages to the contracting authority of lifting the suspension against the interests of the claimant and the wider public in maintaining it, particularly where lifting the suspension could enable the award of a contract offering additional benefits beyond those currently in place. The judgment places a spotlight on the inherent difficulties in assessing damages, noting that such calculations require consideration of complex and uncertain hypothetical scenarios. As a result, the court concluded that damages could not be regarded as an adequate remedy for either the claimant or the contracting authority in this case. Considering then the balance of convenience, Mr Justice Eyre determined that the public interest in implementing the new arrangements promptly, particularly given consideration to the operational readiness and national security concerns, outweighed the claimant’s risk of uncompensated loss, such that the suspension was lifted and the request for expedition refused. Written by Sam Pringle, senior associate and Charlotte Jones, trainee solicitor at DWF Law LLP.

View Local Government by content type :

Popular documents