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

Dear Mrs Taylor

REF NO: 1522.1.

Thank you for your recent enquiry, received on 14 October 2009. I can
confirm that your enquiry is receiving attention and a response will be
provided within 20 working days following receipt of your enquiry as
allowed under the Freedom of Information Act legislation.

In some circumstances a fee may be payable and if that is the case, I will
let you know the likely charges before proceeding.

Please do not hesitate to contact me direct on (01642) 729696 or email
foi@middlesbrough. gov.uk should you require any further advice or
assistance with this or any other matter.

Yours sincerely

Steph Robson
Freedom Of Information Officer

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Dear Mrs Taylor

REF NO: 1522.1.
I am writing to confirm that Middlesbrough Council has now completed its
search for the information you requested on 14 October 2009.

In your request you asked 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'

Response:

1. No applications for care orders are made in any particular case without
due consideration being given by the local social services authority to
the matters contained within the "welfare checklist" set out in section
1(3) Children Act 1989.

2. The court forms, C1 and C13, used when an application for a care order
is made are signed by the lawyer with conduct of the case. The local
social services authority is the applicant. It is the responsibility of
the applicant to ensure the "welfare checklist" has been given due
consideration.

3. Consideration of the "welfare checklist" does not of itself confirm
that members of the extended family have been contacted. Social workers
ask parents for contact details, sometimes parents do not provide that
information.

4. The Public Law Outline does not create a series of steps that a local
authority must undertake prior to proceedings.

If you have any queries about this letter, please do not hesitate to
contact me direct on (01642) 729696 or email [Middlesbrough Council request email]
Please remember to quote the reference number shown above in any future
communications.

If you are unhappy with the way your request has been handled you may ask
for an internal review. You should write to:-

Chris Davies,
Corporate Complaints Manager,
PO Box 99A,
Town Hall,
Middlesbrough,
TS1 2QQ.
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for an
independent review. The Information Commissioner can be contacted at: -
Information Commissioner's Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF
Yours sincerely

Steph Robson
Freedom of Information Officer

Members Office
P.O. Box 99A
Town Hall
Middlesbrough
TS1 2QQ

Tel. 01642 729696

FAX. 01642 729882
Email: [Middlesbrough Council request email]

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