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Family Support and Child Protection
Family support
The local authority has a general duty towards all children in need in its area to promote their welfare and to enable them to be brought up by their families by providing a range of services to children and families. This includes services such as advice, counselling, support at family centres, day care provision, provision of holidays and recreational activities and in exceptional circumstances, cash help.
'In need' is widely defined. In practice there is quite considerable variation between authorities about what is provided and whether or not children are assessed as in need. Local authorities can ask for help from other departments, such as housing, health and education. This must be given unless it would prejudice the normal provision of their services. Local authorities are required to produce and publish multidisciplinary children services plans.
Provision of accommodation
Social services have a duty to provide accommodation for children under 16 where their parents are unable to care for them. Children and young people have no independent right to request accommodation unless their parents agree or the local authority is able to persuade their parents of this need. In law the parents can remove their child at any time unless there are child protection concerns sufficient to give rise to care proceedings or emergency action.
Social services have a duty to provide accommodation to children over the age of 16 where it considers that the child's welfare would otherwise be seriously prejudiced. In practice local authorities are extremely reluctant to do so. Sixteen and 17 year olds who are not careleavers are now automatically defined as in priority need for the purposes of homelessness legislation.
Since 3 April 2000, the local authority is no longer allowed to provide accommodation or the 'essential living needs' of a dependent child or his or her family where the family are asylum seekers and eligible for support under the National Asylum Support Service, whether or not an application has been made. This restriction does not apply to unaccompanied minors who remain eligible to the full range of support under the Children Act 1989.
Child protection
The social services department has a duty to investigate where it has reasonable cause to suspect that a child in their area is suffering or is likely to suffer significant harm with a view to deciding whether it is necessary to take action to safeguard the child's welfare. This may include the provision of services to the family as a child in need; the holding of a child protection conference to formulate a child protection plan; taking care proceedings or emergency legal action. In practice the vast majority of children remain at home with their parents.
Children at risk are also children in need and may be supported by the provision of services without the need to go down the route of child protection.
Government guidance, 'Working Together', sets out clear procedures to be followed whenever a child welfare referral is made. These involve strict time limits and requirements about the involvement of other professionals and children and families in the process. An initial assessment will determine whether the child and family can best be supported by family support services or whether the child is at risk of significant harm following which a multidisciplinary strategy meeting is held to plan subsequent enquiries.
A child protection conference will be convened where the initial assessment has indicated that the child is at continuing risk of significant harm. The aim is to decide whether there is sufficient evidence to place the child on the child protection register in order to draw up a child protection plan. Most children on the child protection register remain at home with their parents but the conference may recommend that social services should take legal action to protect the child. Police investigations may take place in parallel with local authority enquiries.
'Working Together' states that a child of sufficient age and understanding should be given the opportunity to attend the child protection conference if she or he wishes and to bring an advocate, friend or supporter. It is questionable whether this is fully compliant with Article 8 of the European Convention on Human Rights in that European case law has held that there must be procedural fairness in establishing a right to family life. Younger children have no independent champion of their rights and interests. The provision of an independent advocate for all children, whether or not they attend the conference, would address these concerns.
The local authority has a general duty towards all children in need in its area to promote their welfare and to enable them to be brought up by their families by providing a range of services to children and families. This includes services such as advice, counselling, support at family centres, day care provision, provision of holidays and recreational activities and in exceptional circumstances, cash help.
'In need' is widely defined. In practice there is quite considerable variation between authorities about what is provided and whether or not children are assessed as in need. Local authorities can ask for help from other departments, such as housing, health and education. This must be given unless it would prejudice the normal provision of their services. Local authorities are required to produce and publish multidisciplinary children services plans.
Provision of accommodation
Social services have a duty to provide accommodation for children under 16 where their parents are unable to care for them. Children and young people have no independent right to request accommodation unless their parents agree or the local authority is able to persuade their parents of this need. In law the parents can remove their child at any time unless there are child protection concerns sufficient to give rise to care proceedings or emergency action.
Social services have a duty to provide accommodation to children over the age of 16 where it considers that the child's welfare would otherwise be seriously prejudiced. In practice local authorities are extremely reluctant to do so. Sixteen and 17 year olds who are not careleavers are now automatically defined as in priority need for the purposes of homelessness legislation.
Since 3 April 2000, the local authority is no longer allowed to provide accommodation or the 'essential living needs' of a dependent child or his or her family where the family are asylum seekers and eligible for support under the National Asylum Support Service, whether or not an application has been made. This restriction does not apply to unaccompanied minors who remain eligible to the full range of support under the Children Act 1989.
Child protection
The social services department has a duty to investigate where it has reasonable cause to suspect that a child in their area is suffering or is likely to suffer significant harm with a view to deciding whether it is necessary to take action to safeguard the child's welfare. This may include the provision of services to the family as a child in need; the holding of a child protection conference to formulate a child protection plan; taking care proceedings or emergency legal action. In practice the vast majority of children remain at home with their parents.
Children at risk are also children in need and may be supported by the provision of services without the need to go down the route of child protection.
Government guidance, 'Working Together', sets out clear procedures to be followed whenever a child welfare referral is made. These involve strict time limits and requirements about the involvement of other professionals and children and families in the process. An initial assessment will determine whether the child and family can best be supported by family support services or whether the child is at risk of significant harm following which a multidisciplinary strategy meeting is held to plan subsequent enquiries.
A child protection conference will be convened where the initial assessment has indicated that the child is at continuing risk of significant harm. The aim is to decide whether there is sufficient evidence to place the child on the child protection register in order to draw up a child protection plan. Most children on the child protection register remain at home with their parents but the conference may recommend that social services should take legal action to protect the child. Police investigations may take place in parallel with local authority enquiries.
'Working Together' states that a child of sufficient age and understanding should be given the opportunity to attend the child protection conference if she or he wishes and to bring an advocate, friend or supporter. It is questionable whether this is fully compliant with Article 8 of the European Convention on Human Rights in that European case law has held that there must be procedural fairness in establishing a right to family life. Younger children have no independent champion of their rights and interests. The provision of an independent advocate for all children, whether or not they attend the conference, would address these concerns.
