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Scrutiny of care plans
When a local authority applies for a care or supervision order it is required to produce a ‘care plan’ which details the measures it intends to take in relation to the child’s future such as placement, long term proposals, contact with the family etc. A court has very limited powers in relation to the care plan in that it cannot impose conditions on the order or the plan. However where a court disagrees with the care plan it can refuse to make the order and instead make an interim order until the plan is approved. A court should not make a care order if it does not approve the plan given the consequences which follow from the making of the order.
Where there has been a breach of the parent’s or child’s rights under the Convention, they can bring an action and as part of that application a court can review the care plan. However, a court cannot substitute its own care plan for that of the local authority, it can only approve or refuse to approve it.
See also HOW TO ENFORCE YOUR RIGHTS
Where there has been a breach of the parent’s or child’s rights under the Convention, they can bring an action and as part of that application a court can review the care plan. However, a court cannot substitute its own care plan for that of the local authority, it can only approve or refuse to approve it.
See also HOW TO ENFORCE YOUR RIGHTS
