Steps involved and process

[Aldermoor]

Hi All,

My children are taken into foster care, followed by a domestic argument between mom and daughter. Could anyone guide me what are the initial steps, process, IRO meeting, risk assessments, timelines, Section 20 etc. everything is new to us and struggling not getting a solicitor to advise too.

The shared friend family assessment is still not started. Our risk assessment not done yet.. it’s already 3 weeks now with just safety plan in hand and kids were allowed to be seen 1 hr twice a week.

Appreciate some guidance here ?

Thanks

[Suzie, FRG Adviser]

Dear Aldermoor,

Welcome to the parents forum and thank you for your post. My name is Suzie and I am the online adviser here at Family Rights Group.

I am sorry to hear about this situation and I hope that the following advice and information is helpful to you. You can click on the links in my post to take you to more information on our website.

You say that your children are now in foster care after there was an argument between two family members. From what you have said I think that there is a section 20 arrangement in place. This is also known as a ‘voluntary arrangement’. This means that:

• The local authority provides accommodation for your children.
• It is a voluntary arrangement.
• The parent(s) keep parental responsibility) for the children.
• The local authority cannot make major decisions without consulting the parent(s).

It is important to understand that if you (and the children's mother) change your mind and ask for the children to come back into your care then children’s services must return your children immediately. They can only keep your children in foster care if they get a court order such as a care order.

When children are accommodated by children’s services under a section 20 arrangement an independent reviewing officer (IRO) must be appointed and an initial looked after child review must take place within 20 working days (4 weeks). The second review should take place 3 months later, and all subsequent reviews are held every 6 months. Parents should be invited to the review.

The purpose of the review is to review the care plan. The IRO is responsible for chairing the reviews and ensuring that all the children’s needs are met under the care plan. The care plan must set out:

 Where the child will live and why this is what is best for them
 Long-term plans for the child, including timescales
 How the child’s needs will be met, including their education, health and developmental needs, including social and emotional development
 Contact arrangements – with their parents, siblings and wider family and friends’ network.


We have lots more advice and information about children who are in care under voluntary arrangements on our website HERE.

You mention a ‘shared friend and family assessment’. This usually refers to a child in need assessment. Statutory guidance says that this kind of assessment should take no longer than 45 working days (9 weeks). See more about this kind of assessment on our website HERE.

There are no strict statutory timescales for risk assessments or other assessments (such as parenting assessments). However these should be carried out in a timely manner so that the situation does not ‘drift’ and so that support is put in place as soon as possible to help the children and their family. If you feel that things are taking too long then I would suggest first raising this with the social worker or their manager, and also with the IRO. You should ask them to clarify expected timeframes and if things are delayed they should provide you with a reason for this. If you are unhappy with their reason then you could consider making a formal complaint.

You say that you are struggling to get a solicitor. As your children are in care under a section 20 arrangement there is no automatic legal aid available. Legal aid covers the cost of a solicitor. Legal aid is available if the local authority decide to make an application to court, or if they tell you that they are starting a process called the pre-proceedings process (which is also known as ‘PLO’). If you receive any letters or information to say that they are planning to apply to court, or they are considering this, then I would advise you to get a solicitor as soon as possible. They will then be able to apply for legal aid to cover the costs. If your children remain in care under a section 20 arrangement then you can still instruct a solicitor, but you would most likely have to cover the costs for this yourself. You can find solicitors using the search function on The Law Society’s website HERE.

I hope that this is of some help. 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

[Aldermoor]

Thanks for the details suzie. I shall check further on the links shared and get back if any support needed.