A childs best interests - care arrangements

Waiting for an internal review by Warwickshire County Council of their handling of this request.

Wayne Pearsall

Dear Warwickshire County Council,

I am writing to request a copy of any policy documents / training materials which raise awareness / the principles which you take into consideration when assessing the care requirements for a child.

The care requirements I raise are
"who is a suitable carer"
"What might make an unsuitable carer"
"when you deem it suitable to remove a child from their parent"
"is it in the childs best interest to remove a child from their mother"
"is it in the childs best interest to remove a child from their father"
"mental health implications of removing a child from the stablity of their home life"

(note: this is not a full list of my requested information, but just to highlight the type of information I am requesting.)

Specifically, I want to know:
1) If the parents are "fit" to care for a child... is it in the child's best interests to remove the parents from the child's life
2) Is it in the chld's best interest to alter a child's current living situation if it is not necessary...
3) What implications on a child's health can arise from changes to a childs home environment.

Yours faithfully,

Wayne Pearsall

Jonathan Sheward, Warwickshire County Council

Dear Mr Pearsall,

 

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

 

Thank you for your request for information which I acknowledge was
received by the County Council on 09/05/2013.

Your request is currently being considered. If the County Council is able
to provide you with the information you have requested, then under the
Freedom of Information Act you are entitled to receive it within 20
working days.

For your information, the FOI Act defines a number of exemptions which may
prevent release of some or all of the information you have requested.  The
County Council will assess your information request in light of the
exemptions.  If exemptions do apply, then the County Council may decide
not to release all, or part, of the information you have requested.  I
shall inform you if this is the case, and advise you of 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 by the County
Council as to whether to release the information to you.  You will be kept
informed if this is the case.

Any information provided to you would ordinarily be provided to you by
e-mail, in normal font size.  If you require an alternative format, e.g.
paper copy, in a different language, or in audio, large print, etc. then
please let me know.

 

The County Council will not ordinarily charge a fee to provide you with
the information you have requested, provided the cost of dealing with your
request is less than £450. If it appears likely that it would cost more
than this to comply with your request then I will write to you informing
you of this.  We will then work with you to try and bring your request
under this limit and where possible provide you with some of the
information you have requested.  

 

If you have any queries or should you wish to make a complaint about the
manner in which your request is being dealt with then please do not
hesitate to contact me at the above address in the first instance. Any
complaints will be dealt with under the County Council’s internal review
procedure.

Further information about your rights under the Freedom of Information
Act, is available from the Information Commissioner’s Office (0303 123
1113) or [1]www.ico.gov.uk and on the County Council’s website.

I will be in touch again shortly.

 

 

Yours sincerely

Jonathan Sheward
Information Administrator
Information Governance Team
Resources Group
Warwickshire County Council
Saltisford Office Park
Ansell Way
Warwick
CV34 4UL
Tel no:  01926 743044
Int:  58 3044
E-mail:  [2][email address]
This transmission is intended for the named addressee(s) only and may
contain sensitive or protectively marked material up to RESTRICTED and
should be handled accordingly. Unless you are the named addressee (or
authorised to receive it for the addressee) you may not copy or use it, or
disclose it to anyone else. If you have received this transmission in
error please notify the sender immediately. All email traffic sent to or
from us, including without limitation all GCSX traffic, may be subject to
recording and/or monitoring in accordance with relevant legislation.

References

Visible links
1. http://www.ico.gov.uk/
2. mailto:[email address]

Jonathan Sheward, Warwickshire County Council

Dear Mr Pearsall,

 

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

 

Your request for information has now been considered. You asked us:

I am writing to request a copy of any policy documents / training
materials which raise awareness / the principles which you take into
consideration when assessing the care requirements for a child.

     

The care requirements I raise are:

"who is a suitable carer"

"What might make an unsuitable carer"

"when you deem it suitable to remove a child from their parent"

"is it in the child's best interest to remove a child from their mother"

"is it in the child's best interest to remove a child from their father"

"mental health implications of removing a child from the stability of
their home life"

     

 (note: this is not a full list of my requested information, but just to
highlight the type of information I am requesting.)

     

 Specifically, I want to know:

 1) If the parents are "fit" to care for a child... is it in the child's
best interests to remove the parents from the child's life

 2) Is it in the child's best interest to alter a child's current living
situation if it is not necessary...

 3) What implications on a child's health can arise from changes to a
child's home environment.

Please be advised that each case would be dependent on the specific
circumstances of each individual child, and considered as set out in the
Children's Act of 1989. 

The threshold criteria for such decisions are as follows:

The court can make a care or supervision order only if it believes that
the ‘threshold criteria’ have been reached. The ‘threshold criteria’ mean
that:

i) The child has been seriously harmed or is at risk of being seriously
harmed in the future; and

ii) This harm is because the parent(s) has/have not given the child the
care reasonably expected of a parent, or because the child is out of the
parent's control.

ii) Harm can include a child ‘seeing or hearing the ill-treatment of
another’, as well as being ill-treated themselves.

If the court finds that the threshold criteria have been met, it may
decide it must make an order because, even if the parent(s) has/have been
trying their hardest, they still can’t provide the right care for the
child. The court can make an order only if it believes that this will help
the child. In most cases, the court will look at whether:

      a) It thinks that the harm or risk of harm is likely to happen
again; and

      b) The parent(s) is/are willing and able to deal with the council’s
concerns about the child’s care.

If the court believes it should make an order, it will decide what is in
the child’s best interests according to the ‘welfare principle’ and a list
of factors known as the ‘welfare checklist’. The welfare principle states
that the child’s welfare is the paramount consideration. The welfare
checklist includes things like the child’s wishes and feelings, their age
and sex, and any risk of harm.

The court will decide what order to make after considering the council’s
care plan; and what the parent(s), the guardian and any court-appointed
expert say would be best for the child.

The order should be the minimum needed to protect that child.

 

You have the right to request that the County Council carry out an
internal review if you are not satisfied with the way your request was
dealt with or wish to appeal the decision.  A request for an internal
review should be made in writing and addressed to me at the address
above.  All requests for an internal review will be dealt with under the
County Council’s internal review procedure.

If you are not satisfied with the outcome of the internal review you may
appeal to the Information Commissioner’s Office, at the following address:

 

                                    FOI Compliance Team (complaints)

                                    Wycliffe House

                                    Water Lane

                                    Wilmslow

                                    Cheshire

                                    SK9 5AF

 

                                    Tel: 0303 123 1113

 

 

 

Yours sincerely

 

Jonathan Sheward
Information Administrator
Information Governance Team
Resources Group
Warwickshire County Council
Saltisford Office Park
Ansell Way
Warwick
CV34 4UL
Tel no:  01926 743044
Int:  58 3044
E-mail:  [1][email address]

This transmission is intended for the named addressee(s) only and may
contain sensitive or protectively marked material up to RESTRICTED and
should be handled accordingly. Unless you are the named addressee (or
authorised to receive it for the addressee) you may not copy or use it, or
disclose it to anyone else. If you have received this transmission in
error please notify the sender immediately. All email traffic sent to or
from us, including without limitation all GCSX traffic, may be subject to
recording and/or monitoring in accordance with relevant legislation.

References

Visible links
1. mailto:[email address]

Dear Warwickshire County Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Warwickshire County Council's handling of my FOI request 'A childs best interests - care arrangements'.

Whilst I do appriciate your response, and it is clear and to the point, my request was:
---------
I am writing to request a copy of any policy documents / training materials which raise awareness / the principles which you take into consideration when assessing the care requirements for a child.
---------

You refer to a document the "welfare checklist". As you made a direct reference to this document, it would of been proper to provide the document as per my request.

I am also aware of the possible "Child in Need Assessment" and "NRPF Human Rights" assessments which you hold. I would also appriciate a copy of these documents... surely these two documents fall within the scope of my request (repeated above).

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/a_...

Yours faithfully,

Wayne Pearsall

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