Your Ref:120114 |
Our Ref: |
Mrs L Taylor 12th November 2009
|
Dear Mrs L Taylor
Re: Freedom of Information -120114
Thank you for your Freedom of Information request as follows:
We are interested to see how the introduction of the PLO (Public Law Outline) Welfare Checklist 2008 has altered the outcomes for children.
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.
Welfare checklist is built into our procedures for applying for a court order so it is considered every time
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.
Applications are signed off by Head of service in conjunction with the lawyer and go out under the name of the Head of Legal
`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.
We accept that good practice suggests that there is always active exploration of family alternatives, which is why, over the last 2 years we have expanded our Family Group Conferencing service and we also have developed a specialist team to assess Kinship arrangements.
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 lawyer drafting the form would approve the court statement which would have the welfare checklist. All the initial statements for care proceedings include the welfare checklist in our template. It is expect to be in the statement in every case. In the unlikely event that the welfare checklist had been omitted (the lawyer would pick up on it). In the unlikely event the court would pick up on it too as they have to go through the checklist as part of their reasons in making an interim care order. In cases of emergencies ie EPO this does not require the court to consider the welfare checklist.
I trust that this information addresses your enquiry, however if you are dissatisfied with the way in which your Freedom of Information request has been dealt with you can request an internal review by emailing: [email address] (please quote the reference number above) or by writing to:
Corporate Complaints Manager
Lambeth Town Hall
Brixton Hill
Brixton
SW2 1RW
If you remain dissatisfied with the outcome of the review you have a further right to appeal to the Information Commissioner, who regulates the implementation of the Freedom of Information Act. The Commissioner can be contacted at the following address:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Your sincerely
Miss M Mikailian
Business Support Service Manager
Page 2
London Borough of Lambeth
Social Care Division E-Mail [email address]
Children & Young People's Service Telephone 020 7926 9767
7th Floor, International House Facsimile 020 7926 9778
Canterbury Crescent www.lambeth.gov.uk
London SW9 7QE