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

Mrs L Taylor made this Freedom of Information request to Lincolnshire County Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

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

Infomgt, Lincolnshire County Council

Dear Mrs Taylor

Freedom of Information Reference: 08174FOI

Subject: Request for information regarding care order applications without
the Welfare Checklist

Thank you for your recent request for information received by this office
on 14th October 2009. Your request is being dealt with under the terms of
the Freedom of Information Act 2000.

Your request will be handled by the Childrens Services Directorate. We
will aim to respond to your request, notifying you whether or not the
information requested is held by Lincolnshire County Council and
communicating that information to you (provided that the information is
not exempt under the terms of the Act), within 20 working days from the
day after your request was received.

We may reasonably require further information from you in order to
identify and locate the information requested. If this is the case we will
contact you in due course.

In some circumstances a fee may be payable and if that is the case, we
will let you know. A fees notice will be issued to you, and you will be
required to pay before we will proceed to deal with your request.

If you have any queries about this letter, please contact us. Please
remember to quote the reference number above in any future communications.

Yours sincerely

Rachel Starmer
Resources Directorate
Lincolnshire County Council

[1][Lincolnshire County Council request email]

The information we have supplied to you may contain intellectual property
rights of Lincolnshire County Council. Your use of the information must be
strictly in accordance with the Copyright Designs and Patents Act 1988 (as
amended), or other applicable legislation. In particular, you must not
re-use this information for any commercial purpose.
If you would like to re-use this information for any commercial purpose
you must make a formal request to us under the Re-Use of Public Sector
Information Regulations 2005. Please email us at
[2][email address]

show quoted sections

Infomgt, Lincolnshire County Council

Dear Mrs Taylor

Freedom of Information Reference: 08174FOI

Subject: Request for information regarding care order applications without
the Welfare Checklist

Thank you for your recent request for information received by this office
on 14th October 2009. Lincolnshire County Council are able to provide you
with the following information.

Question:

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.

Our response is as follows:

No application has been made without reference to the welfare checklist.

Our legal team have confirmed that the Public Law Outline (PLO) checklist
makes reference to the Welfare Checklist which appears in s.(3) Children
Act 1989. However, the checklist makes no reference to placements within
the family. The pre-proceedings protocol within the PLO does place a duty
on authorities to consider any alternative placement within the family.

Jennie Thornton, the County Lead on Safeguarding, is happy to discuss this
matter further with you should you wish. Jennie can be contacted on 01522
554515.

Question:

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.

Answer:

All applications are signed in the name of David Coleman, who is Assistant
Legal Director at Legal Services Lincolnshire. He is signing as the
solicitor for the Applicant who is Lincolnshire County Council.

This does not make him personally responsible for anything in the
application. He is the legal representative of a party in the proceedings.

The welfare checklist is set out in s.1(3) Children Act 1989. It sets out
a list of matters which the court should take into account when
considering any matters which affect the child's welfare.

The checklist is always addressed in the social worker's initial
statement. The statement is checked by the fee earner who has conduct of
the case before the application is signed.

show quoted sections