Unfit parents
Dear Children's Commissioner for Wales,
After the removal of children, At what point do children services give up trying to help the parents better themselves and their home for the children to return.
At what point do children services decide that the parents are not fit or ever will be fit enough to raise their children.
For whatever reason there must be a cut off point in helping some parents.
Or is it not children services role to work with the parents to help the children return home. Is it solely the parents responsibility to find different services, courses, help, advice or counselling for where they went wrong as a parent. Completely up to the parent to find the correct resources and help.
Yours faithfully,
Gemma
Gemma
Thank you for your email.
In accordance with relevant legislation, we'll aim to respond to your request for information on or before 27 December 2019.
Kind regards,
Sara.
Sara Jermin
Pennaeth Cyfathrebu a Pherfformiad | Head of Communications and Performance
Comisiynydd Plant Cymru | Children’s Commissioner for Wales
T: 01792 765638
M: 07794 123132
W: www.childcomwales.org.uk | www.complantcymru.org.uk
E: [email address] | [email address]
P: Oystermouth House, Charter Court, Phoenix Way, Llansamlet, Swansea SA7 9FS |
Tŷ Ystumllwynarth, Ffordd Phoenix, Llansamlet, Abertawe SA7 9FS.
Twitter: @complantcymru | @childcomwales
Rydym yn croesawu derbyn gohebiaeth a galwadau yn Gymraeg. Byddwn yn ateb gohebiaeth a galwadau a dderbynnir yn Gymraeg yn Gymraeg ac ni fydd cysylltu yn Gymraeg yn arwain at oedi | We welcome receiving correspondence and calls in Welsh. We will respond to correspondence and calls in Welsh, and contacting us in Welsh will not lead to delay.
Am fwy o wybodaeth ar sut rydyn ni’n delio gyda gwybodaeth bersonol yn swyddfa’r Comisiynydd, yna ewch i’n gwefan www.complantcymru.org.uk // For more information about how we handle personal information at the Commissioner’s office, please visit our website www.childcomwales.org.uk
Gemma
Thank you again for submitting a freedom of information request.
The information you have requested is dependent on individual circumstances therefore we would advise you to make contact with our independent investigations and advice service if you require specific advice on an individual circumstance. We are unable to provide legal advice but we can signpost you to relevant agencies who might be able to help. You can either email the service via [email address] or call them for free on 0808 801 1000.
In the meantime, I’ve included below some useful information about relevant guidance, which may be of use to you:
• In Wales, since April 2016, Section 20 Children Act 1989 has been replaced with Section 76 Social Services and Well-being (Wales) Act 2014. Children in voluntary care in Wales are under Section 76 not section 20.
• There is no set timescale for voluntary accommodation as it will depend entirely on the circumstances or reasons for the child coming in to care, and the plans for the future. Should a parent withdraw their consent however, the Local Authority would need to issue a court application if they felt the child needed to remain in their care to be safely looked after. It would then be for a Judge to decide whether this is the correct and most appropriate intervention.
• Local Authorities do have to explain their plan for the child to the Courts if voluntary accommodation is used for a lengthy period however, on average this means over 3 months
• Local Authorities have to comply with the ‘Public Law Outline’ – a helpful guide on this can be found here https://www.leeds.gov.uk/docs/149%20-%20... (it is from Leeds but the same principles apply in Wales)
• Local Authorities have a duty to assess and meet the needs of adults and children, under Part 4 Social Services and Well-being (Wales) Act 2014 – the code of practice can be found here https://gov.wales/sites/default/files/pu...
• When a child is in care, the primary duty owed by the local authority is to the child, under the Part 6 Code of practice https://gov.wales/sites/default/files/pu...
• We are unable to give legal advice on care proceedings or the Public Law Outline but would suggest that legal advice is sought based on the queries you’ve raised. Free legal advice under Legal Aid is available to parents whose children are in care or for families involved in the PLO process. More information on solicitors in your area can be found via the Law Society https://solicitors.lawsociety.org.uk/
• There is also helpful advice available from the Family Rights Group https://www.frg.org.uk/need-help-or-advi...
If you are dissatisfied with this information, you have the right to request an internal review. All reviews are impartial and undertaken by a member of the Commissioner’s Management Team. Reviews will usually be completed within 20 working days following the date a request for review is received. In exceptional cases, the time for response may be extended to 40 working days.
Requests for internal review should be clearly marked, and can either be mailed to [Children's Commissioner for Wales request email] or sent by post to the following address: Children’s Commissioner for Wales, Oystermouth House, Charter Court, Phoenix Way, Llansamlet, Swansea SA7 9FS.
If you remain dissatisfied with the findings of the internal review, you should contact the Information Commissioner on the details below:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. // T: 01625 545700 // W: www.ico.org.uk
Kind regards,
Sara.
Sara Jermin
Pennaeth Cyfathrebu a Pherfformiad | Head of Communications and Performance
Comisiynydd Plant Cymru | Children’s Commissioner for Wales
T: 01792 765638
M: 07794 123132
W: www.childcomwales.org.uk | www.complantcymru.org.uk
E: [email address] | [email address]
P: Oystermouth House, Charter Court, Phoenix Way, Llansamlet, Swansea SA7 9FS |
Tŷ Ystumllwynarth, Ffordd Phoenix, Llansamlet, Abertawe SA7 9FS.
Twitter: @childcomwales
Rydym yn croesawu derbyn gohebiaeth a galwadau yn Gymraeg. Byddwn yn ateb gohebiaeth a galwadau a dderbynnir yn Gymraeg yn Gymraeg ac ni fydd cysylltu yn Gymraeg yn arwain at oedi | We welcome receiving correspondence and calls in Welsh. We will respond to correspondence and calls in Welsh, and contacting us in Welsh will not lead to delay.
Am fwy o wybodaeth ar sut rydyn ni’n delio gyda gwybodaeth bersonol yn swyddfa’r Comisiynydd, yna ewch i’n gwefan www.complantcymru.org.uk // For more information about how we handle personal information at the Commissioner’s office, please visit our website www.childcomwales.org.uk
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