Local Authorities Not Abiding By Court Orders; Public Family Law

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Data Access & Compliance Unit

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Ministry of Justice
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Fax: 0203 334 2245

E-mail: [HMCS request email]

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This is an Auto Reply from the Data Access & Compliance Unit.

Thank you for your e-mail.

If your message was a request for information please be advised that your
request is being dealt with and you will receive a written acknowledgement
shortly.

Data Access & Compliance Unit

Information Directorate

Ministry of Justice
6th Floor, Zone B, Postal Point 6.23
102 Petty France
London
SW1H 9AJ

Fax: 0203 334 2245

E-mail: [HMCS request email]

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.

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Dear Madam,

Thank you for your email. This does not come under the remit of HMCS. I
suggest you contact the Social Workers Department to find out what their
procedure is.

Any person can contact the Citizens Advice Bureau for advice.

Regards
HMCS, Customer Service Unit

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Dear Madam,

Your quite right. But that wasn't the point you raised. They can get
procedural advice.

Regards

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Dear Ms R
Thank you for your email dated 11 February addressed to Her Majesty's
Courts Service about court orders not being followed by local
authorities. Your letter has been forwarded to the Department for
Children, Schools and Families and I have been asked to reply. I
apologise for the delay in doing so.

The Children Act 1989 places a duty on Social Services to safeguard and
protect children. If you are unhappy with the way in which you have been
treated by Social Services or if you believe that they are not abiding by
a court order imposed upon them, you have the right to make a formal
complaint under the `Local Authority Complaints Procedure'. You may
therefore wish to consider writing to either the Director of Children's
Services or the Designated Complaints Officer for the local authority
concerned. They must then consider the complaint, appointing at least one
person independent of the local authority to take part in dealing with the
issues raised and provide you with a written response within 28 days.

If you are unhappy with the council's response, you may request a Panel
hearing by writing to the council within 28 days of the response. The
Panel should be chaired by an independent person. If you remain
dissatisfied with the handling of your complaint under the local
procedures and think that a local authority has treated you unfairly as a
result of bad or inefficient management ("maladministration"); and that
this has caused you injustice (such as loss, injury or upset), you may
wish to refer your complaint to the Local Government Ombudsman (LGO).

More information on making a complaint to the Local Government Ombudsman
is available at [1]www.lgo.org.uk or by calling the advice line on 0845
602 1983.
You state in your email that you are unable to obtain legal
representation. You can approach an advice agency such as the Citizens
Advice Bureau to seek legal advice about the options open to you.

If you have not already contacted Community Legal Advice (CLA), you may
find the CLA helpline a useful source of information. The CLA Helpline
provides free and confidential legal advice. The helpline can be
contacted on 0845 345 4 345 and is open from 9am to 8pm Monday to Friday
and from 9am to 12.30 on a Saturday. The service is free for those
people who are eligible for legal aid but even if clients are not eligible
for legal aid, it can still find ways to help by putting them in touch
with the right agency or advice organisation. There is also a website -
[2]www.communitylegaladvice.org.uk - where people can download
leaflets and search for a legal aid solicitor in their area.

I hope you find this information helpful.
Yours sincerely

Pamela Kearns
Public Communications Unit
[3]www.dcsf.gov.uk

Your correspondence has been allocated the reference number 2010/0029451.
To correspond by email with the Department for Children, Schools and
Families please contact [4][email address].

If you have any further queries why not browse our Popular Questions
website. This site has been built to allow you to quickly find the answer
to your question [5]http://www.dcsf.gov.uk/popularquestions

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References

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