Section 38 Childrens Act

[minime]

Hi all,

Just wanted to ask a question. I am a kinship carer for my niece and last year we met with family to discuss contact visit/arrangements.

My niece is 13 and with the local authorities knowledge is going to stay with her other aunt for a weeks holiday.
All was fine until my niece found out that her social worker has told her that she will have to pay a statutory visit during that week under the above act, is this correct?

I have informed the LA that my niece feels it is an invasion and she feels that she is still going through the court process she encountered for some two years previous before coming to live with me. Why is there so much red tape being put in front of what they claim they would like to promote?

I am new to this so forgive me if this sounds like a silly question

[Suzie, FRG Adviser]

Hi minime

My name is Suzie and I am an adviser at Family Rights Group.

Visits to looked after children are dealt with in the care planning regulations (Regulations 28- 31)

The regulations say that a child should be visited within a week of a child’s placement and then every 6 weeks for the first year of a placement. After the first year, visits should be at 6 weekly intervals or every 3 months if the placement is intended to last until the child is 18.

Section 38 of the Children Act 1989 is related to interim care orders. If a child is placed with a parent under section 38 then visits to that child must be weekly until the first review. This doesn’t seem to be relevant in your situation, however.

Weekly visits should also take place when a child is placed with a temporarily approved foster carer until the first review and then 4 weekly until the foster carer is fully approved. I wonder if this is relevant to you?

I would advise that you ask the social worker to explain in more detail the need for a statutory visit at this time. Perhaps you could also raise your concern with the independent reviewing officer (IRO)

It may also be helpful for your niece to contact Voice for some direct, independent advice. They may be able to provide her with some advocacy support to voice her own concerns.

Hope this helps.

Best Wishes

Suzie
FRG Adviser