Social Care and psychologist assessment?

[finaldj0]

I have a question about a psychological assessment that Children's Services are now arranging for our daughter.

We were asked whether we would agree to psychological assessments. We declined to have assessments ourselves but agreed that our daughter could have one.

At a recent core group meeting, I was told that funding has now been approved and that the local authority's legal team is looking for a psychologist who can come to our home to carry out the assessment. We were also told that we would be sent questionnaires to complete.

I asked why the legal team was involved in finding a psychologist, as I found that confusing. The response was that any report could potentially be used further down the line if the case ever went to court.

I also pointed out that our daughter does not engage well with social workers and is very unlikely to engage with a psychologist. The social worker said they were aware of this and that it would be noted in the report.

My question is: at this stage, would it be sensible for us to seek legal advice now, or is it better to wait and see whether matters progress to the PLO stage before involving a solicitor?

[Suzie, FRG Adviser]

Dear finaldj0

Thank you for your post and welcome to the discussion board. My name is Suzie, I am an online adviser and will be replying to you today.

You have agreed for your child to undergo a psychological assessment. Children’s services have agreed to fund this and told you they sought advice from their legal team when doing so. You questioned why the legal team was involved and the allocated social worker said this is because the report could potentially be used if care proceedings were initiated. This raised your concerns and you are seeking information and advice as to whether you should seek legal advice or wait to see whether matters progress to (PLO)
Public Law Outline process before involving a solicitor.

When children’s services are seeking assessments for children, their legal team will hold a list of approved professionals who they draw upon within the PLO process and care proceedings. Those on the lists are approved and hold the relevant qualifications and experience. This is likely to be the reason why the social worker sought advice from the legal department before appointing a psychologist.

The Public Law Outline is a legal framework put in place by the Ministry of Justice. It aims to provide guidance for the family court on how to manage cases involving care proceedings.

Guidance for children’s services requires social workers to go through the pre-proceedings process with a family before starting court proceedings (except in an emergency). The Public Law Outline says the court must check at the first hearing that this ‘pre-proceedings’ work has been done.

Therefore, whilst there are no plans to initiate care proceedings regarding your child at this point, should matters move to PLO a ‘pre-proceedings’ psychological assessment will have already been completed by an approved professional.

You ask whether you need to seek advice from a solicitor. At this point, there is no role for a solicitor. Your child remains on a child protection plan and the PLO process has not been started. Should children’s services decide to go down this route, you should then seek advice from a solicitor. For this, you will be entitled to free legal advice via a legal aid certificate.

I hope the information provided is of help to you. Please post again if you have any further queries or you can call our free, confidential adviceline on 0808 801 0366 (Monday to Friday, 9:30am – 3pm). We also have a webchat which is currently open on Monday and Thursday afternoons.

Best wishes, Suzie