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Are you a parent, kinship carer relative or friend of a child who is involved with, or who needs the help of, children’s services in England? We can help you understand processes and options when social workers or courts are making decisions about your child’s welfare.
Our advice service is free, independent and confidential.
To speak to an adviser, please call our free and confidential advice line 0808 801 0366 (Monday to Friday 9.30am to 3pm, excluding Bank Holidays). Or you can ask us a question via email using our advice enquiry form.
Our online advice forums are an anonymous space where parents and kinship carers (also known as family and friends carers) can get legal and practical advice, build a support network and learn from other people’s experiences.
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The law says that children’s services should find out the wishes and feelings of certain people before making decisions about any looked after child. This includes children in care under court orders.
Children’s services should do this ‘as far as is reasonably practicable’. This means they should take reasonable steps to gather the wishes and feelings.
Children’s services should then take into account those wishes and feeling when they make any decision.
So, all of this applies where the decision about the child is to do with their care plan. Or some part of it.
This is all set out in section 22(4) and section 22(5) of the Children Act 1989.
This does not mean the care plan must be agreed with a child un(unless 16/17, their parents and others with parental responsibility. But it does mean wishes and feelings should be gathered and taken into account.
Note: The Family Court will need to approve a care plan for the child before a court order bringing placing the care’ can be made. In considering whether to approve a care plan and make a court order the Family Court must look at what is in the child’s best interests. See What does the Family Court have to look at when making decisions about a child?
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