Date: 21/10/2009

Dear Mrs Taylor,

Re: Freedom of Information request number 1444

Thank you for your request for the following information:

I would be grateful if under the FOIA you could advise how many times your Local Authority has applied for care orders via the Family Courts WITHOUT the Welfare checklist set out in section 1 of the Children Act 1989 being completed. The completion of the Welfare Checklist would confirm that extended family members had in fact been contacted prior to any application for a care order.

Whoever signs the application for a care order is responsible for ensuring that the Welfare checklist has been fully completed, please state who within your authority holds this position.

`The Government recognises the importance of family members taking care of children who cannot be cared for by their parents. We know that a child brought up by a family member benefits from living with someone they already know and trust rather than a stranger. The Children Act 1989 placed a duty on local authorities to support the upbringing of children by their families wherever possible, and that services should be provided to children in need and their families to enable this to happen.

There is now an increased focus on the steps that must be taken prior to any court proceedings. Unless it is necessary to take emergency action to protect a child from immediate harm, the local authority must undertake various steps before initiating care proceedings. Welfare checklist set out in section 1 of the Children Act 1989'

The information below has been supplied in response to your request for the

above mentioned information. We hope the information supplied satisfies your original request.

Q.1 How many times your Local Authority has applied for care orders via the

Family Courts WITHOUT the Welfare checklist set out in section 1 of the Children

Act 1989 being completed.

To the best of our knowledge the Council has never applied for a Care Order to the courts without the welfare checklist being completed. It is a requirement of the Children Act 1989 that the welfare checklist is contained in the initial statement accompanying an application for a care order and in the final statement of the social worker. The statement is signed by the social worker. When the local authority applies for a care order it has to complete an interim care plan (outset) and a final care plan (what it intends to do with the children for the final hearing). The Care Plan is signed by the social worker and a Senior Manager. The initial statement and final statement MUST both contain the welfare checklist therefore this is included as part of the standard process for case management.

Q.2 Whoever signs the application for a care order is responsible for ensuring that the Welfare checklist has been fully completed, please state who within your authority holds this position.

The application to the court for a care order application is in the name of the director of social services.

If you are unhappy with the Council's response you can make a complaint via the

Council's complaints procedures and this will be looked into. If you are not happy with

This decision you may then appeal to the Information Commissioner.

Information supplied in response to your request is the copyright of Thurrock Council.

The information has been supplied for your personal use. Except for permitted acts

Under the Copyright, Designs and Patents Act 1988, the information supplied may not

be copied, distributed, published, or exploited for commercial purposes or financial gain

without the explicit written consent of Thurrock Council.

Yours faithfully

Lee Henley

Lee Henley

Freedom of Information Coordinator

Telephone (01375) 652500

Macro FOI.Supplied.letter

Macro FOI.Supplied.letter