A section 37 enquiry can be ordered by the Courts during public law proceedings but are mostly ordered by the Courts in private law proceedings.

The court may become concerned about a child's welfare during a Court case in family proceedings of private law. When ordering Section 37 Report, the court is asking the local authority to consider whether there should be further steps taken in order to protect the child. The local authority has a duty to make these enquiries under Section 37(2) of the Children's Act 1989. The professional carrying out this enquiry should report there findings to the court within an 8 week timescale.

Specifically the local authority is asked to consider whether:

• They should apply for a Care Order or a Supervision Order – if this is decided then it will usually go through the legal planning process with a Legal Gateway Planning meeting and then they will start Public Law Outline (PLO) Proceedings. Remember Care Orders or Supervision Orders can only be made in Care Proceedings.

• Provide services and assistance to the child and there family.

• Take any other action in respect of the child.

No parties involved in Court Proceedings can apply for a Section 37 direction, but parties can suggest one to be carried out to the courts. When a professional is carrying out a section 37 enquiry the child should always be visited and seen when possible  and they should consult and update all the professionals who are involved.

Serious consideration needs to be given to any concerns that meet the threshold criteria and a meeting to establish if any Safeguarding Procedures or Strategy Discussion need to be implemented and put into place to protect the child.

The report must include the full assessments carried out on the family and all the findings from these assessments they must cover the key areas that the court has asked for guidance on.

This should include:

• The work covered for the assessment, e.g. who has been assessed and who they have spoken to.

• Any conclusions such as whether the child is suffering significant harm while in the care of there parents,

• Any risk of/or suffering any significant harm because of Domestic Violence or Abuse or lack of care by the parents because of this, Section 31(2).

• The reasons for any decision not to apply for an order.

Or....

If they decide to start care proceedings then get legal advice immediately if you are a victim of domestic violence then you are automatically entitled to free legal aid. If they tell you that you do not need legal representation at this time do not listen to a word of this absolute nonesence go get yourself a solicitor as soon as possible.

• They must Detail all service and professionals providing assistance to the child and there family, especially cases involving Domestic Violence or Abuse.

• They must state whether the case will be reviewed or not by the courts or the local authorities and when this will take place.

Under the Childrens Act 1989, section 7, when an application is made to the Courts by one or both parents under the Children's Act 1989, section 8, for any of the following...

• A Child's Arrangements Order.

• Prohibited Steps Order.

• Specific Issues Order.

• Family Assistance Order.

A section 7 is also known as a welfare report. It is requested by the Judge in private law proceedings when the courts need more information on a child's welfare to decide what course of action is best for your your child.

A section 7 report is requested when.....

• There is a case of domestic violence or abuse, the Courts will request a "safety and risk assessment" This should only be carried out by a qualified and accredited professional.

• When the social worker hasn't spoken to the local authorities legal team or no Children's Guardian has been appointed to the child because the child hasn't been made a party to the proceedings. However if the case involves Domestic Violence or abuse then the child is entitled to there own legal representation, depending on the seriousness of the case.

A Section 7 report is carried out by the families social worker if children's services are already or have been previous involved with the family in the past. If not the Court will refer the family to CAFCASS where they will be allocated a CAFCASS worker .

Families disagree usually when a couple separate and they can't agree between themselves or it might be if parents and grandparents can't agree on what's best for the child. Feelings can often run very high. This usually happens because parties can't solve the problems between themselves, even with or without the help of a mediation service or a solicitor.

Social workers are asked by a parent/relative who is considering making an application for a Section 8 Order if they will support the application. A decision to support the application can only be made if a full assessment of all the parties involved have been completed aswell as the child's wishes and feelings being noted and taken onboard.

If the Courts have ordered a Section 7 report to be carried out, the professional carrying out the section 7 report must look at the Court Order, which will have been sent to them by the Court. This will tell them what particular area the Court is asking for the report to concentrate on. The professional can comment on other areas of concern if they feel they are relevant to the case.

Importantly, they must check whether the request for the Section 7 Report requires a response to Domestic Violence or Abuse. Or comes following a Finding of Fact Hearing of Domestic Violence or Abuse. They must ensure the Judge's findings and directions are fully read.

The reason the Courts ask for a Section 7 report to be carried out is to provide the Court with more information or advice as to what (if any) Orders should be made for the best interests of the child's welfare. It is not their role to resolve disputes between parties, but they may identify and get the opportunity to help the parties to reach an agreement.

The Court's request for a section 7 report will be contained within the Court Order. This will be sent to the local authorities Legal Team who will forward this onto your Multi Agency Service Hub (MASH). MASH will then alert your allocated social worker if you have one already or they will do a new referral to children's services. If the children are already  under the local authorities the report should be completed by the allocated social worker.

In Private Law proceedings the professional carrying out the section 7 report must start their report with the presumption that you are competent parrnts and the problem is that you cannot agree about certain matters, the issues about where the child lives and contact issues regarding the child. They are not there looking for grounds to test significant harm but they may be required to evaluate harm and risks to the children or their parent / carer, where there are issues of Domestic Abuse. Neither are they there looking for the Local Authority to share parental responsibility. However, the fact that the Local Authority is involved with the child would indicate that there are concerns about the child so these should be clearly stated in their report.

The Court usually sets a timescale of 12-16 weeks for the work to be completed. The deadline for submission of the report to the Court will be specified in the Court Order. It is important that the report is filed directly to the court and they stick to the timescale set out by the Judge. Where there are reasons for delay, such as repeated failed appointments by the parties involved, the court must be notified, in writing. The letter should indicate a revised timescale for completion.

They must keep all parties aware and updated of their emerging conclusions so that the report does not contain surprises. Once they have completed there report they must clearly explain and provide you with the information on how you can request a full copy of there report either through the Court or through your solicitor. There report should be filed 14 days before the Hearing.

A Care Order or better known as an interim care order or ICO for the short term, means the Local Authority is given parental responsibility this does not necessarily mean that the parents lose there parental responsibility but it does mean that it is shared with the local authorities and the parents or anyone who has parental responsibility. Parents are not to act in a way which would be inconsistent with the Local Authority's plans.

The Care Order should be exercised in accordance with a Care Plan and the parents have a say in ongoing decision making about their child.

A Care Order lasts until a child is 18 years old.

A Care Order is reviewed regularly, at least six monthly. These reviews are known as LAC reviews or Looked After Children reviews.

A Care Order does not necessarily mean that your child will not be returned. Under a Care Order, the Local Authority has a duty to return children to the care of their parents wherever possible, and many children remain at home or return home when subject to a Care Order.

A Care Order does not necessarily mean that there will be no contact. The Local Authority has a duty to promote contact unless it applies for a Court order to refuse contact.

A Care Order does not necessarily mean adoption. The Local Authority must make a separate application to Court to free the child for adoption if this is their plan.

What is the definition of an Interim Care Order?...

An Interim Care Order has the same effect as a Care Order, It is a temporary court order intended for a limited duration and can last for up to 8 weeks and can be renewed every 4 weeks after that. The Order can only be granted if the Court feels there is good reason to believe that a child may be at serious risk of harm. This is usually used to preserve the current arrangements just until the court has had an oppotunity of hearing the full case and until the judge can make a final order about your child's future. It is particularly important during this time to cooperate with the Local Authority and with the Children’s  Guardian, who is the person appointed  independently to represent your child's needs.

Interim care order's are made when :

• There is sexual misconduct.

• There is substance or alcohol misuse.

• Police do a serious criminal investigations.

• There is theft from service users.

• There are serious mistakes are made.

They decide an application infront of a panel of with one of the practice committee's.

The panel can only impose an interim care order can last for no longer than 8 weeks unless the courts extend it for a further 4 weeks.

Under section 31, of the children's act 1989.

You can apply to the courts for Leave to revoke a Placement Order.

Once the care order has been in force for a period of 6 months. It would be unusual to be able to apply any earlier than this unless the local authorities was not acting in accordance with the care plan.

On the grounds of .....

Children's Act 1989, section 14D.

This is done by submitting an application in to your Local court's by using the Court Forms C110a.

Who can apply?

The child themselves.

The local authorities.

The parents.

Anyone who holds parental responsibility for the child in question.

Another way to challenge a care plan is to make an application for contact under the care order, so that the contact arrangements can be reviewed. If the local authorities applies for permission to refuse contact then this would also provide the opportunity for a further review of the local authorities responsibilities.

If the child themselves are applying to the courts to discharge their own care order then they are legally entitled to free legal aid.

To challenge an existing care order you must be able to satisfy the courts by demonstrating that you have made enough relevant significant changes to your circumstances since the care order was granted.

The Courts make it very clear the Judge must feel very comfortable and confident that you have made significant changes at the first stage of the two stage test, if he does not and he isn't satisfied then it's game over.

Significant changes are .

• Change does not have to be recent. The Judge should not accept that the nature and degree of the change in circumstances in to which the parent's successfully establish should be demoted by it being a recent change. Applying this to your argument in court adds gloss to the words of the statute .

• One should not read word's into the statute that are not there.

• Take care in using a note of judgement as if it was a transcript.

• Change does not have to be solely change in the parent's. Remember it can be change in the life of the child, or in the life of the child's carer. The change in circumstances is not confined just to the parent's own circumstances. Depending upon the facts of the case, the child may themselves have changed in the interim.

Personally i would say it is unlikely that there will be many situations where the child’s situation and circumstances alone is enough to open the gateway under section 24(2) and (3).

In my opinion i don't think there needs to be an in-depth assessment of the child’s welfare or needs and situation at this first stage, As it will get looked at more closely and considered when it gets to the second stage anyway.

The two stages are...

1st stage is the Fresh evidence.

2nd stage is the Threshold test.

Procedure for applying to vary or discharge a care order........

Judiciary of England and wales STANDARD PROCEDURE of social care and discharging care orders. In effect 5th march 2015.

Cases should be concluded within ten weeks.

Day 1  issue and Allocation.

Day 2 gatekeeping and referral of file to relevant judge or legal advisor.

By day 14 Directions given by the court and served on the Local Authorities and cafcass.

Week 6 parent file response.

Week 8 report from cafcass.

By week 10 IRH / final hearing.

LAC plans and reviews explained ....

principles...

* L.A.C reviews are regular meetings bringing together all the people who are closely concerned and connected with the care of your children.

who will attend...

* your children if their old enough to understand the concept of the review.

* you as their parent's.

* the social worker handling your case.

* the foster carers or children's homes care worker.

* the I.R.O ( independent reviewing officer) assigned to your case to sit the chair meeting.

* plus you as parents may ask a for a family member, a close friend that you trust to come along to support you or a legal body to represent you.

These reviews are usually held at...

* where you children would normally live.

* the main social services building in one of their conference rooms.

* at your local children's contact centre.

* at their school.

The intent of these L.A.C reviews is to review your children's care plan and to update document's which are currently set out on how  your children will be cared for while they are being looked after by your local authorities. Your childrens progress will be discussed. The day-to-day care of your children will be updated. Your children's health and educational needs and progress will be updated, and their emotional well being aswell as the future plans for your children's long term care.

Time scales....

* the 1st review must be held within 4 weeks after your children are placed on the L.A.C order.

* after the 1st review if it is decided your children are to stay on a L.A.C order then the 2nd review must be within 3 months after the 1st review.

* after the 2nd review all further reviews must be held at least 1 every 6 months.

* if you can not attend you must contact your social worker asap and explain why.

* then you must write out a "consultation document" to make your views and thoughts clearly understand as to what you want the outcome to be from the L.A.C review in your absence as you can't be there in person, make sure you raise all your concerns, thoughts, feelings, views and what you want including your future plans for your children are clearly written down and known, do not be vague !!!!be brutal !!!!! or they may well be over looked and ignored by the independent reviewing officer.

after the L.A.C review has finished your children's social worker has a duty to contact you and to tell you what was said at the review and what happened along with all decisions they agreed on as to your children's plans they have made in your absence.

Secure Accommodation explained ...

Section 25 of the Children Act 1989 sets out the welfare criteria which must be met before a Looked After child may be placed in secure accommodation.

The welfare criteria's are ....

• The child has a history of absconding and is likely to abscond from any other secured accommodation.

• If the child absconds, there likely to suffer Significant Harm.

• If the child is kept in any other secured accommodation there likely to injure themselves or others.

The use of secure accommodation should be for the minimum period necessary, following an assessment of likely risk to the child, others and public safety.

• A child must not continue to have there liberty restricted once the criteria ceases to apply, even if there is a Secure Accommodation Order is still in existence.

• The Service Director can approve such placements for up to 72 hours in an emergency.

• Only a Court can grant permission for placements beyond 72 hours.

• A Looked After child who meets the above criteria may be placed in secure accommodation for a maximum period of 72 hours in any 28 days period without a Secure Accommodation Order (except where the 72 hour period expires on a Saturday, Sunday or public holiday when the period can be extended to the next working day).

• A Court may authorise a child to be kept in secure accommodation for a maximum period of 3 months on the first application to the Court. Then a further period of 6 months on subsequent applications to the Court.

A Looked After child may not be placed in secure accommodation on welfare grounds where .....

• They are under the age of 13, unless the Secretary of State gives prior specific approval.

• They are over 18 years of age and has asked to be Accommodated.

• Where there Accommodated and a parent objects to a secure placement.

• If they are detained under any provision of the Mental Health Act 1983.

Secure Accommodation Orders, section 25, children Act 1989.....

These Orders enable the Local Authority to place a child in secure accommodation.

The court can make a Secure Accommodation Order where .....

• A young person has a history of running away, is likely to run away from any other kind of accommodation and if he runs away likely yo suffer significant harm.

• If the young person is not kept in secure accommodation he is likely to injure himself or others.

The local Authority does not need to make an application to the court to keep a child in secure accommodation for the first 72 hours, however if a further period of secure accommodation is required an order to the court must be made. The court cannot make a Secure Accommodation Order unless the child is legally represented in court.

Regardless of how long the order last the Local Authority must remove the child from secure accommodation if he no longer meets the criteria for an order. The local Authority will conduct regular reviews of the placement to monitor the child's progress in the secure setting. The plans will also address the future plans for the child once they have left secure accommodation.

The local Authority must make arrangements for contact between the child and his parents whilst the child is subject to a Secure Accommodation order or if satisfied that it is not in the best I interests of the child for contact to take place make an application to the court under section 34(4) of the child Act 1989 to suspend or stop contact.

if you are the child then try sending this template to the director of children services.

Dear

I am ... And I reside in your authorities care.

I wish to raise a formal complaint regarding my care. 

..., my named social worker for my case, told me that he/she is putting me in a residential home.

As a local authority you are bound by the Children Act 89, and the Adoption and Children Act 2002 & 2004 to follow my wishes and feelings.

The social worker is using the residential home as a form of punishment for my behaviour and attitude, which has been severely damaging to my emotional stability and I feel your authority failed to support me with.

To punish me by putting me in a care home is disgusting behaviour and by ultra virus (beyond their powers and duties)

I have stated repeatedly I do not wish to remain in care. I want to live with my mum. However your authority continuously ignore my wishes and feelings, and act as though I never raised my wishes and feelings.

Not only is this breach of the relevant acts of parliament which give your authority its powers, bht this amounts to emotional abuse to myself on behalf of your local authority.

I will not lie, I have lost my temper with the social worker on many occasions but it is to be expected considering the treatment I have gone through at the hands of someone under your authority. I do not feel that I have acted unreasonably, when you consider that this social worker continuously lies about my care and dismisses my wishes and feelings as unimportant at every opportunity.

Your authority is supposed to help me, and ensure that my wishes and feelings are followed to the letter.

I am disgusted that a residential care home is being used as a form of punishment for me and this entire situation is causing me severe distress as a young people.

I am tired of being ignored and therefore raise this complaint.

yours sincerely

Supervision Orders explained ...

A Supervision Order does not mean that  the Local Authority shares parental responsibility  with you but the appointed supervisor who is usually a social worker or sometimes a probation officer to simply provide advice, befriend or to just simply assist your child. This may require the child to live in a specific place or to do certain things in a way or they may have to report to a certain place. In which case the supervisor can become directly involved in the life of your child.

Sometimes there are special conditions relating to the medical treatment of the  child. A Supervision Order can be varied  or discharged just the same as a care order.

An important difference between a Supervision Order and a Care Order is that a Supervision Order does not give Parental Responsibility to the Local Authority.

A supervision order can last for one year, and may be extended yearly to a total of 3 years. It will last until the child reaches the age of 18, unless discharged at an earlier date.

This is a little piece of information that you should all bare in mind with regards to revoking and discharging orders.

Its a little known fact that a child aged 13+ is legally of an age known as gillick competent and where they can apply to discharge or revoke their own orders.

To do this the child simply needs to find a solicitor who deals with family court cases and who is prepared to represent children. Children are entitled to free legal representation all the solicitor needs to do is submit an application using the c2  form asking the courts for permission to hear your case to discharge your own care order and using the form a52 revokation of a care order and to be able to show the court that they understand what it means for them if they are successful  that they have a sufficient enough knowledge to understand the actual proceedings.

my admin jade has advised several children when they want to go home and aren't being listened to and their families have been unsuccessful themselves.

The court has to listen when the child applies because ultimately their wishes and feelings have to be taken into account with all cases for any order including contact etc. This would not work for younger children as they aren't deemed to have the knowledge or mental capacity to understand this but teens are able to do this and they don't need a social worker to do it for them or get the forms. If your child is wanting to return home, is struggling in care, their needs aren't being met or whatever this may be something you could consider with your child.

The difficulty comes when getting info across to the child where supervised contact takes place as they consider as having adult conversations. Ultimately the local authority prefer when parents aren't "in the loop or knowing" about what they can do to fight for their children, and don't like when a child is informed of their rights.

Excuses like trying to deliberately destabilise the placement or emotional harm by discussing these things are likely to follow so for that reason its advised that this is not discussed during a supervised contact session, for risk of losing your contact.

This is something all parents and children (of an appropriate age) need to know. Bare this in mind when your child is screaming and fighting to come home.