Section 19 sets out the responsibilities for each local authority to prepare plans for … Due to the increasing risk that Covid-19 poses on the safe facilitation of contact, Local Authorities may consider suspending contact arrangements. To support Scottish public authorities in meeting their equality duties, the Commission has produced non-statutory guidance which is available on our Scotland pages.The guides provide an overview of the public sector equality duty, including the general equality duty, the specific duties and who they apply to. Duties of local authorities in relation to children looked after by them E+W 22 General duty of local authority in relation to children looked after by them. When must the local authority assess me? Posts about duty to promote contact written by suesspiciousminds. The definition of well-being is wide and can encompass looking out for someone's personal dignity, physical health, mental health … 13. Generally, personal activities should not be conducted during duty hours. Recent developments have not led to a legal change in a Local Authority’s duty to safeguard and promote welfare and allow reasonable contact. [This is very rare.] The local authority is under a legal duty to assess you if: you're an adult, and; it appears that you may have a need for care and support. In the midst of the Coronavirus outbreak (‘Covid-19’), there has been little guidance as to whether Local Authorities have the ability to suspend contact between a … Specifically the police, clinical commissioning groups and the local authority are under a duty to make arrangements to work together, and with other partners locally, to safeguard and promote the welfare of all children in their area. If the child in care, relevant parties, or any other individual living within the same household is symptomatic or has been in contact with another individual showing symptoms of the virus or the child is sick with something that might be the virus, then face to face contact should not take place. The child in care may be able to have contact at the front door of the household they are living in. The local authority must ensure that a child who is being accommodated continues to have contact with family and friends. A local authority has a discretion to provide accommodation under this part of ChA 1989 where the local authority considers to provide accommodation would safeguard or promote the child’s welfare—even where there is a person with parental responsibility willing and able to care for the child. [6] Schedule 2 paragraph 15(1) of the Children Act 1989, [7] https://www.gov.uk/government/publications/covid-19-stay-at-home-guidance/stay-at-home-guidance-for-households-with-possible-coronavirus-covid-19-infection, [8] Re T (Termination of Contact: Discharge of Order) [1997] 1 FLR  517, CA at [526], [9]https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/874742/Full_guidance_on_staying_at_home_and_away_from_others__1_.pdf. Building capacity with partners to promote … § 2635.705 (see Subpart G - Misuse of Position; Use of official time) Return to Top S22C(9)Duty to place within the local authority’s area Reg. Local authorities are bound by statute. area of the authority. [1]https://services.parliament.uk/bills/2019-21/coronavirus.html, [2]https://publications.parliament.uk/pa/bills/cbill/58-01/0122/en/20122en.pdf, [3] any other person named in sections (b) – (e) of section 34(1) CA 1989, [4] The Children Act 1989 Guidance and Regulations: Volume 2: Care planning, Placement and Case Review 2015. If the parents initially refuse to co-operate in using any alternative processes to facilitate contact, the Local Authority should consider first if the contact can be re-scheduled and whether any further provisions may be put in place. The Local Authority has a duty to ensure independent advocacy is available and it is breach of this duty if advocacy is not available when needed. If any relevant parties were to contract the virus themselves or come into contact with an individual who has had the virus, a suspension of contact for seven days would not be a sufficient period of time to ensure that the virus will not be passed on, particularly in larger households. An employee shall use official time in an honest effort to perform official duties. If social workers believe they can effectively supervise contact from a distance, so as to ensure the parties are not ‘gathering’, there is a small possibility that open air contact could be carried out as the parent and child’s daily exercise. An analysis of the Court of Appeal decision in RE W (CHILDREN) (2012) [2012] EWCA Civ 999 I have written about intractable and long-running contact disputes before on this blog, and no doubt I will again. Video-calling presents the most efficient way to provide contact between the parties without putting any individual at risk of exposure. The Local Authority’s duty towards its supervising staff and foster carers means that exposing them to numerous families contact sessions is unlikely to be safe. The recently passed Coronavirus Bill and corresponding Guidance is unfortunately silent as to any relaxation of a Local Authority's statutory duty under the Children Act 1989 to promote contact between a child in care and any relevant party as per section 34 and Schedule 2 paragraph 15 under the current circumstances. Section 95 Social Services and Well-being (Wales) Act 2014(previously Schedule 2 paragraph 15 Children Act 1989) says: (1) Where a child is being looked after by a local authority, the authority must, unless it is not reasonably practicable or consistent with the child’s wellbeing, promote contact between the child and— (a) his parents; (b) any person who is not a parent of his but who has … The 1988 Road Traffic Act puts a 'statutory duty' on the local authorities to deliver an appropriate road safety education service and for the provision of a safe local road network. Choose a convenient officeAshbyBurton Upon TrentDerbySwadlincote. 7. When you are living away from home the local authority has a duty to promote contact between you and your parents and other members of your family like siblings and grandparents, so long as this is consistent with your welfare. Paragraph 2.96 of the 2015 Guidance provides further clarification, in that the responsible Authority must allow reasonable contact, ‘provided that contact is consistent with the Local Authority’s duty to safeguard and promote the welfare of the child’, thus supporting the caveat provided by Schedule 2 paragraph 15(1). In all cases the Local Authority must carry out a risk assessment and attempt to balance the safety considerations and welfare of the child and others against the benefits of contact for the children and parents.  Parents may not agree with the Local Authority’s decisions but I think the Court will be very unlikely to interfere with a decision on contact in these circumstances unless the Local Authority can be shown to have acted in a way which is clearly unreasonable.  At the current time the Court is unlikely to list an application for a contested hearing on contact. If the parents either continue to refuse to co-operate, or having attempted to facilitate contact using alternative processes they have not been effective, the Local Authority will need to make an application to the Court under section 34(4) or apply s34(6) CA 1989 to suspend contact. The recently passed Coronavirus Bill and corresponding Guidance is unfortunately silent as to any relaxation of a Local Authority's statutory duty under the Children Act 1989 to promote contact between a child in care and any relevant party as per section 34 and Schedule 2 … Local authorities are bound by statute. Local authorities, when exercising their social services functions, must act in accordance with the requirements contained in this code. E+W (1) Where a child is in the care of a local authority, the authority shall (subject to the provisions of this section) [F1 and their duty under section 22(3)(a)] [F2 or, where the local authority is in Wales, under section 78(1)(a) of the Social Services and Well-being (Wales) Act 2014] allow the child reasonable contact with— What does the Law mean in the current climate? Local Authority’s duty to promote contact between a child in their care and relevant parties under section 34 of the Children Act 1989: Covid-19 Guidance. N.B. There are 2 two primary routes into the ‘looked after’ system: 1. being The local highway authority, which is usually the council, has a duty of care to maintain the safety and usability of roads that are kept at public expense. 1. Fire services Local authorities operate fire services with the Department of Housing, Planning and Government playing an advisory and policy-making role. This means that the duty to refer applies when the local authority is the employer of staff in regulated activity. For example, our Map of Gaps enforcement work which focused on local authority service provision for women who have suffered violence under the previous gender equality duty. These measures make it easier to set up new local councils and promote diversity through the appointment of additional councillors. When placement for adoption has been authorised for that child, the legal duty to promote contact under section 34 CA 1989 will not apply. Pragmatically, at the present time, the only way to comply with the Local Authority’s duty is to offer and promote other indirect types of contact, but to commit to keeping the situation continually under review subject to Government rules. As a councillor you will automatically have access to the full range of services that we provide. As a public authority in England you have a dutyto have regard to conserving biodiversity as part of your policy or decision making. with children in care. 3. The Care Act 2014 - Local authorities have new duties for safeguarding vulnerable adults including lead a multi-agency local adult safeguarding system, find out what action is needs when they think adults are at risk, establish safeguarding adult boards, review, arrange independent advocate. preventative services arranged by local authorities. A public authority can be a: 1. local authority including a unitary, county, district, community, parish or town council 2. government department or one of their executive agencies 3. non-departmental government body 4. The charging regulations mean that We are politically led and cross-party, working with and on behalf of councils to give local government a As it stands the current laws, regulations and guidance provided is still in force and should be followed. On that basis, it is advised that face-to-face contact within Contact Centres should not take place. 1. 11(1), (4)Duty to ensure that any placement outside the local authority area is approved by a nominated officer. Therefore, if the suspension of contact is based on the Local Authority’s fears of Covid-19, it is not advisable to rely on s34(6). Local Authority’s duty to promote contact between a child in their care a... Financial remedy work during the lockdown, Natasha Bellinger appointed to the Attorney General’s Panel, Local Authority’s duty to promote contact between a child in their care and relevant parties under section 34 of the Children Act 1989: Covid-19 Guidance, https://services.parliament.uk/bills/2019-21/coronavirus.html, https://publications.parliament.uk/pa/bills/cbill/58-01/0122/en/20122en.pdf, https://www.gov.uk/government/publications/covid-19-stay-at-home-guidance/stay-at-home-guidance-for-households-with-possible-coronavirus-covid-19-infection, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/874742/Full_guidance_on_staying_at_home_and_away_from_others__1_.pdf, Accessibility and Disability Action Information. ... Costs to local authority. The Local Authority should rely on their professional judgement in deciding what action to take, taking into consideration the welfare of the child and the effect on the child of no contact. Under section 10 of the same Act, the local authority is under a duty to make arrangements to promote co- The Local Authority also has a responsibility to its staff, foster carers and to the wider public. There is no express wording within section 34 that states that the Local Authority must promote contact through face-to-face meetings. Due to the lack of clarity surrounding the Local Authority’s duty to promote and facilitate contact, the Local Authority could consider contacting the relevant Government Minister directly to seek clarification as to whether Government envisages that face-to-face contact can take place under the current circumstances. If the Local Authority is concerned that the child in their care would be at risk of coming into contact with a carrier of the virus, it would be arguable that such contact would not be consistent with the child’s welfare. By offering and facilitating alternative methods of contacts, such a video-calling and letters, the Local Authority will not be in breach of their duties to their staff and under the Children Act 1989 to promote and facilitate contact. Download a number of safeguarding adults resources including reports and reviews. Councils risk heavy costs from not taking steps to promote capacity ... a person’s lack of capacity as justification for making best interests decisions about them will trigger a reciprocal duty to take all reasonable steps to enhance that person’s capacity. The local authority, following its duty to promote contact, must allow a child who is the subject of a care order to have reasonable contact with his parents and certain other people, unless directed otherwise by a court order, or unless the local authority temporarily decides to refuse contact in urgent circumstances (Section 34 Children Act the local authority’s duty to return a looked after child to his/her family unless this is against his/her interests; and the local authority’s duty, unless it is not reasonably practicable or consistent with his/her welfare, to endeavour to promote contact between a looked after child and his/her parents or others. 5 C.F.R. We all hope that this pandemic and health crisis comes to an end soon and contact arrangements can return to normal.  In the meantime all of us must do everything we can to keep everyone, especially the most vulnerable, safe and well. Local Authorities are under a duty to promote ‘reasonable’ contact between the children in their care and their parents. The Local Authority will need to review whether contact that has been previously facilitated at Contact Centres should continue and whether the risk posed to contact centre supervisors can be safeguarded against. This would be likely to result in parents and/or ‘connected persons’[3] of the child in care making an application to the Court under section 34(3) of the CA 1989 to allow contact to be re-engaged. There are legal consequences for local authorities resulting from their corporate status. If any of the relevant parties are required to travel for contact, public transport should be avoided as this may increase the risk of exposure. The existence or otherwise of a common law duty of care owed by a statutory authority turns on a close examination of the terms, scope and purpose of the relevant statutory regime. The local authority has a duty to ascertain a child in need's wishes and feelings regarding the accommodation and to give consideration to them. This would allow the child to be seen and spoken too without having to leave the household and the parent or connected person would be able to safely distance themselves. 6.55 The local authority must supervise a welfare guardian and your supervision will take the form of regular meetings, reporting arrangements, and visits both with and without warning to yourself and the adult. April 7, 2020 / in Family Law, Frontpage Article, News / by Liberty Crawford. For a useful introduction to the ECHR see this infographic from Rights Info which discusses the basic structure of the European Court, who it protects and why it matters. 4. Where a child is in the care of the Local Authority, section 34(1)(a-e) and Schedule 2 paragraph 15 of the CA 1989 outlines the individuals that the Authority shall endeavour to promote contact with and allow the child reasonable contact with.Â. The amended s 34(1) now reads: If the household that the child in care presides has windows on the lower floors of the property, which can provide a sufficient view and that can be opened so that the parties can speak to each other, this may allow contact to take place if the carer of the child is agreeable to contact taking place in this manner. In the midst of the Coronavirus outbreak (‘Covid-19’), there has been little guidance as to whether Local Authorities have the ability to suspend contact between a child in their care and parties who have a right to contact with that child, either by parental responsibility or by a Court order. local councils will have more say and ownership over how their communities are run and managed. The staff can be employed directly, by contract or through a personnel supplier. Paragraph 2.78 of 2015 Guidance[4] outlines  the presumption that there should be continued contact between the child and their family whilst the child is in the care of the Local Authority. any person who had care of the child under wardship immediately before the Care Order was made. This comes fromArticle 8 of the European Convention on Human Rights and Fundamental Freedoms (ECHR). For further updates from the judiciary visit judiciary.uk. Your parents also have a responsibility to maintain contact with you. A local authority has not only a moral duty but a legal duty to protect the children within their designated area and even more emphasis is placed on children in need within their area. The recently passed Coronavirus Bill and corresponding Guidance is unfortunately silent as to any relaxation of a Local Authority’s statutory duty under the Children Act 1989 to promote contact between a child in care and any relevant party as per section 34 and Schedule 2 … Public authorities (including state and local authorities) undertake a number of public functions, which can give rise to a duty of care to an individual or a class of individuals. This is a rapidly changing situation based on emerging and changing government and health guidelines, particularly social distancing and the need to stay at home except for specified reasons. Under a Care Order (either an interim or final) the Local Authority shares parental responsibility for the child.  The paramount consideration of the Court in children matters is the welfare and safety of the child.  The Local Authority has a duty in law to promote contact if it is safe to do so. For example, paragraph 2.92 of the 2015 Guidance provides that meaningful contact can also be achieved through indirect means such as ‘letters, telephone calls and exchange of photographs  and paragraph 2.94 encourages the use of modern technology in order to maintain contact. —(1) It shall be the general duty of every local authority(in addition to the other duties imposed on them by this Part)— (a) to safeguard and promote the welfare of … However, the local authority also has a responsibility at any time to give you advice and guidance on the exercise of your welfare powers. Contact could take place in the garden of the property if the parent or a connected person is able to gain access to it, without having to pass through the inside of the premises. Given the pace of Government advice that is being sent out, this advice may be superseded by Government Guidelines forthwith. Where parents do not live in the same household, children under 18 can be moved between their parent’s homes.[10]. NHS Trust 5. utility company 6. body carrying out functions of a public character un… Social workers will no longer have a duty to promote contact between birth parents and children in care under new measures in the children and families bill, which was laid before parliament this week. In keeping in line with current Government guidance, a distance of at least two metres should be kept between the parties for any in-person meeting. Key sections: Duties of the local authority; Maintained. Section 34 and paragraph 15(1) [Schedule 2] CA 1989 states only that the Local Authority must ‘endeavour to promote contact’ and ‘allow reasonable contact’. A public authority, which is under no statutory obligation to exercise a power, generally owes no common law du… The recently passed Coronavirus Bill[1] and corresponding Guidance[2] is unfortunately silent as to any relaxation of a Local Authority’s statutory duty under the Children Act 1989 to promote contact between a child in care and any relevant party as per section 34 and Schedule 2 paragraph 15 under the current circumstances. For further information and discussion about the sc… Using the equality duty to challenge the priorities of public bodies. Seeking care and support services from a local authority may not pose problems, but … The Children’s Act 1989 gives the local authorities the powers and duties to act on behalf of the protection of vulnerable children and to provide, safe protection and care wherever possible. Care plans and looked after child reviews Their functions are set out in numerous Acts of Parliament and many of these functions have associated legal duties. Derby City Council reached a decision yesterday (24th March 2020) to suspend all direct contact.  Contact will be by Skype/Facetime/Zoom/Whatsapp or similar where possible and if not then by telephone.  This is, of course, much more suitable for teenagers than for babies. However, as Covid-19 and legislation surrounding it progresses and changes, there may be future legislation and guidance continuing to emerge in the near future. Therefore, the Local Authority will not be in breach of the duty to promote contact if they are unwilling to facilitate in-person contact due to fears of Covid-19. In removing the option of face to face contact, the Local Authority would need to be prepared to deal with more applications for mother and baby placements for very young children. This practice note explains these consequences and deals with the main issue arising out of statutory creations; the ultra vires doctrine. Local Authority’s duty to promote contact between a child in their care and relevant parties under section 34 of the Children Act 1989: Covid-19 Guidance. The Adoption and Children Act 2002, as fully implemented in September 2005, changed the law in relation to contact for some children in foster care. Care plans and looked after child reviews Staffordshire County Council do not have a blanket policy.  Each case will be considered separately.  Indirect contact by social media video calls will be preferred to direct contact where it is appropriate.  Obviously direct contact will not take place when either the parent, child or someone in their household has a diagnosis or suspected symptoms of Covid-19.  Similarly direct contact is unlikely if they fall into a vulnerable category and are self-isolating for 12 weeks.  This will cause particular issues as over 30% of Staffordshire foster carers are aged 65 or over. If granted, contact will remain suspended until the order is discharged. Their functions are set out in numerous Acts of Parliament and many of these functions have associated legal duties. of local government The LGA works with councils in England and Wales to support, promote and improve local government. Part 3, Regulation 9, provides for a local authority to charge for certain actions in its health improvement duty. Any decisions to make a section 34(4) application should be carefully considered by the Local Authority. The local authority is under a legal duty to assess you if: you're an adult, and; it appears that you may have a need for care and support. Section 1 creates a general duty on local authorities exercising community care functions to promote the well-being of the individual. in parks, is to be advised against in light of the Government’s restrictions limiting public gatherings to a minimum of two people. Section 8 of the Children and Families Act 2014 and the Statutory Guidance on Court Orders and Pre-Proceedings place a duty on local authorities to:. Parents and/or connected parties can have contact with the child indirectly through; If the parents or connected persons wish to see the child in person, contact with the child may be possible from a distance, for example; Current Government measures[9] have restricted the public’s need to leave their home. At no point in recent history has there been a comprehensive list of legal duties placed on local authorities. The way in which we fulfil this duty is by providing a range and level of services appropriate to those children's assessed needs (Section 17, Children Act 1989). The Local Authority also has a responsibility to its staff, foster carers and to the wider public.  There are also resource implications at a time when many workers may be self-isolating and working from home, or absent through sickness. Under section 17(1) Children’s Act 1989, a child is considered to be a child in need if: 1. Legislation and guidance. Provision of services for children in need, their families and others Section 17(1) states that it shall be the general duty of every local authority: The extension of the well-being power is … At no point in recent history has there been a comprehensive list of legal duties placed on local authorities. There are also resource implications at a time when many workers may be self-isolating and working from home, or absent through sickness. There is no further clarification of the definition of ‘contact’ within section 34, as such, there is room for interpretation as to what can amount to sufficient contact. The current restrictions on movement have been scheduled to last for three weeks, however, there are fears that such restrictions will continue for longer than initially presumed. The Local Authority may also refuse to allow contact under section 34(4) CA 1989, whereby on an application, the Court may make an order authorising the Authority to refuse to allow contact between the child in care and any person mentioned in section 34(1)(a – d) and named in the order.  However, Thorpe J expressed in the case of Re S (Care: Parental Contact) [2005] 1 FLR 469, CA at [11], ‘a section 34(4) order should not be made… merely against the possibility that circumstances may change in such a way to make termination of contact desirable’. 14. 17 Provision of services for children in need, their families and others. Without the help or provisions of the local authority their development will be significantly or further impaired. There must be some material change in circumstances between the making of the order and the application to discharge it[8]. However, during the current crisis it is likely that the word ‘safeguard’ will form the overriding basis when considering whether contact can be safely carried out. N.B. The consequence is not only that the relevant parties could contract the virus themselves, but also that they could pass it on, putting others surrounding the parties at an unnecessary risk. A local authority may refuse contact to a child 'in care’ for a maximum of seven days, without a section 34 [4] order if it is necessary to do so to safeguard or promote a child’s welfare. S/h… [5]. Local Authority Social Services have a statutory duty to safeguard and promote the welfare of children and adults at risk. N.B. These duties placed on the local authority can only be discharged with the full co-operation of other partners , many of whom have individual duties when carrying out their functions under section 11 of the Children Act 2004 (see chapter 2). Instead social workers will be obliged to ensure contact arrangements have “clear purpose”, as set out in the child’s care plan. The Local Authority and the social worker would need to use their professional judgement to decide if they can safely facilitate contact in this way. 34 Parental contact etc. The key new duty for local authorities will be to take appropriate steps to improve the health of their population. S/he is unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the help of the services by the local Authority 2. Children’s Services has a general duty to promote contact with wider family members such as grandparents and siblings. 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