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Welfare Checklist (PLO) 2008 introduced to ensure children are placed with relatives rather than in care

Mrs L Taylor (Account suspended) made this Freedom of Information request to Sutton Borough Council

The request was successful.

From: Mrs L Taylor (Account suspended)

14 October 2009

Dear Sir or Madam,

http://www.centreforsocialjustice.org.uk...

December 2006 - Evidence shows children in care are being let down
and suffer more than those placed with relatives.

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.

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’

Yours faithfully,

Mrs L Taylor

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From: Freedom Of Information
Sutton Borough Council

15 October 2009

Dear Mrs Taylor

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST - REF NO - 1807 (please quote in correspondence)

I acknowledge your request for information received on 15 October 2009.

Your request is being considered and you will receive the information requested within the statutory timescale of 20 working days as defined by the Freedom of Information Act 2000, subject to the information not being exempt or containing a reference to a third party.

If appropriate, the information may be provided in paper copy, normal font size. If you require alternative formats, e.g. language, audio, large print, etc. then please let me know.

For your information, the Act defines a number of exemptions which may prevent release of the information you have requested. There will be an assessment and if any of the exemption categories apply then the information will not be released. You will be informed if this is the case, including your rights of appeal.

If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. You will be informed if this is the case.

A fee may be payable for this information. This will be considered and you will be informed if a fee is payable. In this event the fee must be paid before the information is processed and released. The 20 working day time limit for responses is suspended until receipt of the payment.

Yours sincerely

FOI Admin Officer

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From: Blackwell Matthew
Sutton Borough Council

19 November 2009

Dear Mrs Taylor

We refer to your email of 14 October 2009 which has been deal with under
the terms of the Freedom of Information Act 2000 (FOIA).

The answer to your first question regarding the number of times the London
Borough of Sutton has applied for Care Orders via the Family Courts
without the completion of the Welfare Checklist is none since this would
not be in the best interests of the child and contrary to legislation.
Welfare Checklists are a vital component for the Court when deciding on
issuing an order affecting a child's welfare.

Your request for the name of the member of staff who signs the application
for a Care Order and is responsible for ensuring that the Welfare
Checklist has been fully completed, has been refused under sections 40(2)
and 40(3)a)i) of the FOIA because it is personal information and its
disclosure would contravene the first data protection principle. Section
40(3)a)i) provides an absolute exemption which means that there is no test
of public interest or prejudice.

Although we cannot confirm the name of the member of staff we can confirm
that the post of Executive Head of Legal and Democratic Services has the
responsibility for this role.

If you are dissatisfied with the response or how the Council has handled
your request you can complain to the Council by writing to the following
address:

Corporate Customer Care Team

London Borough of Sutton

Civic Offices

St Nicholas Way

Sutton

Surrey

SM1 1EA

Should you still be dissatisfied with the outcome of any such complaint
you have the right to make a complaint to the Information Commissioner,
pursuant to section 50 of the FOIA. The contact details are:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625-545-700
[1]www.informationcommissioner.gov.uk

Yours sincerely

Sutton Legal Services

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From: Richards Susan
Sutton Borough Council

19 November 2009

Dear Mrs Taylor,

In response to your FoI request dated 14^th October, the answer is nil.
The court would not hear a care order without the completed Welfare
Checklist.

Regards

Sue Richards

Sue Richards

PA to Stephen Richards

Executive Head of Children & Families Service

London Borough of Sutton

Civic Offices

Sutton SM1 1EA

Tel: 020 8770 4502 Fax: 020 8770 5214

From: Mrs L Taylor [mailto:[FOI #21114 email]]
Sent: 14 October 2009 21:08
To: Freedom Of Information
Subject: Freedom of Information request - Welfare Checklist (PLO) 2008
introduced to ensure children are placed with relatives rather than in
care

Dear Sir or Madam,

http://www.centreforsocialjustice.org.uk...

December 2006 - Evidence shows children in care are being let down

and suffer more than those placed with relatives.

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.

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'

Yours faithfully,

Mrs L Taylor

show quoted sections

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