BA CHILD CARE LAW CASE STUDY (WORD LIMIT 2000
Child Care Case Study Assignment BA Law
(word limit 2,000)
Answer each question in the developing case study – number your answers exactly as set out in the assignment.
The marker will be looking for:
o Interpretation and explanation of application of the law to the particular circumstances
o Accurate reference to statute, schedules, regulation and guidance
o Telling the story of relevant possible intervention and explanation at each stage of the case study
o Clear and concise answers within the word limit
o In short: knowledge, application and clarity
You are a Social Worker working in a child care team assigned to work the following case:
Sonia has three children, Anita who is 12, Ben who is 6 and Caitlin who is 2. Anita is white British; Ben and Caitlin are mixed parentage – white British and African Caribbean. Sonia suffers from chronic alcoholism. She has had serious relapses in the past but with support from her mother has managed to care for her children throughout. However, the health visitor is now expressing concerns as Sonia appears depressed and is drinking heavily again. The health visitor has particular concerns about Caitlin, whose weight gain has been erratic and follow up on other health checks has been inconsistent. There was a social worker involved until about six months ago when the case was closed partly due to pressures on the team and partly because the situation seemed stable at the time.
ANSWER the following 5 questions and then (for MA students) proceed to answer the additional MA question.
1. Drawing on the case study information above, identify the LA powers, duties and responsibilities towards the children and their mother in this situation.
Sonia has three children aged 12, 6 and 2, As set out in part III of the Children Act 1989. It is the local authority’s duty to A) safeguard and promote the welfare of children within their area who are in need. B) As far as is consistent with that duty, to promote the upbringing of such children by their families, by providing a range and level of services appropriate to those children’s needs. S.17(1) The Children’s Act 1989. The welfare of the children is paramount, and as issues of alcoholism and depression have been raised, the social worker must assess how detrimental to the welfare of the children this is. it is the responsibility of the social worker to discuss with Sonia what possible steps can be taken in the best interest for the children. The local authority has a duty to determine whether Anita, Ben and Caitlin are in need of an initial assessment addressing whether there are concerns about impairment to the children's health and development. S.17 (10) C.A 1989. The social worker should follow the Common Assessment Framework to identify whether the children would benefit from a common assessment which then referral to a specialist further assessment such as a S.17 assessment may be needed. S.10 C.A 2004. The social worker may consider a s.17 assessment due to the identification of Child in Need S.17(10) C.A 1989, Due to Sonia heavily drinking and being depressed and perhaps not being able to carry out her parental duties. It is important that the social worker also carries out an assessment on Sonia herself, as the Local Authority may provide services to members of the family as well as the child/children in need.S.17(3) C.A 1989. As the health visitor has raised concerns particularly about Caitlin. The social worker should contact the health visitor directly to gain more information as part of Working together to safeguard children 2015 guidance. After assessment has been carried out, The social worker should discuss with Sonia, kids and grandmother what support is needed and then create a support plan that should be put in place if Sonia is willing to attend services such as perhaps a support group alcohol anonymous and see a GP over her depression.
Two months later, you have completed an initial assessment and a family support plan is in place. Initially, Sonia stopped drinking, seemed well motivated to stay sober and provide consistent care for the children. You have been coordinating a support plan and also liaised with Sonia’s landlord to get some repairs and improvements made to her flat. However, in the last couple of weeks, Sonia has been saying that everything is getting too much for her and asks you to “put Ben and Caitlin into care” for a bit while she has a break.
2. Drawing on the further case study information above explain the LA powers, duties and responsibilities in the light of Sonia’s request.
Sonia has made appropriate steps in remaining sober to offer consistent care for her children, being a single mother can sometimes be hard and it is important that the social worker takes into account that she does not get much of a break and should consider what options can be taken in order to provide support to Sonia. The social worker could consider using motivational interviewing to find out why Sonia is feeling like she cannot cope with the children anymore and what can be done to help her and express to her that her children cannot be put into care and perhaps her mother can help give her a break. A LA may not provide accommodation for any child if a person who A) has parental responsibility for him. B) is willing and able to i) provide accommodation or ii) arrange for accommodation to be provided for him, objects. S.20 (7) C.A 1989 It has been identified that Sonia has had support from her mother throughout and perhaps Sonia’s mother could offer short term accommodation for the children if she is struggling, if Sonia could ask her mother for the help. Sonia still has parental responsibility so the social worker cannot accommodate the children elsewhere. S.20 (8) C.A 1989. The social worker could offer services for the children to do, perhaps extra-curricular activities or clubs the children could attend to give Sonia a break for a few hours a day. Every local authority shall provide such day care for children in need within their area who are—(a)aged five or under; and (b)not yet attending schools, as is appropriate. S.18 (1) C.A 1989, For children under five, such as Caitlin who is two would be eligible for this. This would offer Sonia some free time whilst Anita and Ben are at school, as looking after toddlers can be overwhelming. As there is no apparent significant harm brought to the children S.31 (9) C.A 1989 there is no need for the local authority to investigate a s.47 at the moment. The social worker should review the support plan and see what could be put in place to help provide extra support to Sonia, it is the local authority’s aim to try and keep children in their household unless it is deemed necessary to remove them. At this point because there is other support available to Sonia this would not be an option to accommodate the children yet, as Sonia has made steps to recovery.
Four months later and Ben and Caitlin have remained at home; the support plan was enhanced to give regular breaks for Sonia through extended support from Sonia’s mother, Children Centre outreach for Ben and Caitlin, and Young Carers support services for Anita. However, concerns about the children’s welfare are increasing amongst the members of the multi-disciplinary team involved. From your discussions with the team and with the family and from your own observations, you conclude that Sonia is drinking heavily again, that Anita is doing a lot of the caring for Ben and Caitlin, and both Ben and Anita are struggling in school, where they appear tired and worried.
3. Drawing on the further information above, identify the relevant powers, duties and responsibilities towards the children and their mother given these renewed concerns.
Under the Working together to safeguard children guidance 2015, It is important that the social worker speaks to other professionals involved as this provides them with wider knowledge about the service users whilst they are not there. The multidisciplinary team should raise issues when they become apparent and share this information in order to safeguard the children. Sonia has now become uncapable for caring her children as she has begun to drink heavily again, and all the children are at risk due to neglect which could be identified as significant harm S.31 (9) C.A 1989. Anita is only twelve and should not be taking on the caring role of taking care of her mother and her younger siblings. It has also taken a toll on Ben and Anita’s school life and they are not benefitting by attending due to being tired from not having a routine and being worried about their mother
It is the Local Authority’s duty to investigate if they have reasonable cause to suspect that a child who lives or is found in their area is suffering or is likely to suffer significant harm, the authority shall make, or cause to be made, such inquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare. S.47 (1) (B) C.A 1989 Under a section 47 investigation the social worker needs to see the Anita, Ben and Caitlin and speak to them S.47 (4) C.A 1989 then it is up to the social worker to decide whether an order should be made S.47 (3) C.A 1989 if the social worker decides not to apply for an Emergency Protection order they must consider need for review and speak to Sonia to set a date. S.47 (7) C.A 1989 the social worker should consider Anita, Ben and Caitlin’s wishes and feelings in regards to the action they may take. S.47 (5A) C.A 1989. The social worker should also speak to Sonia’s mother to see if she can offer any extra support in making sure the children are looked after adequately as she has been such a help to Sonia throughout.
One week later, and over the weekend, the children were found on their own in Sonia’s flat, and it appeared that Sonia had been gone for some days. The police used their powers to remove the children from the flat and the local authority emergency duty team worker placed the children in foster care – Anita on her own in one placement and Ben and Caitlin together in another. The police had tried to contact Sonia’s mother but she had been ill and staying with a friend that weekend.
4. Given this further development outlined above:
a. Identify the relevant LA powers and duties towards the children and their mother and the implications of any action taken to protect the children.
It is the duty of the Local Authority to provide accommodation for a child, as a result of: A) There being no person who has parental responsibility for him; B)His being lost or abandoned C)The person caring for him is prevented from providing suitable accommodation or care S.20(1) C.A 1989 however under section 20, Sonia can request the children to be returned to her so the social worker should apply for an Emergency protection order to provide immediate protection for Anita, Ben and Caitlin. As there is reasonable cause to believe that the children are in imminent danger if not removed from the accommodation. S.44 (1) (a) C.A 1989. Due to the children being left by themselves whilst being minors it is the police’s duty of care to safeguard them and remove from the flat and contact the emergency duty team S46.(1) C.A 1989. The EPO gives authority to the social worker/ local authority to retain or remove the children S.44 (a) C.A 1989. Sonia’s mother could not be contacted in the emergency, the emergency duty worker had to place them in foster care at that present time. This may be upsetting to the children being taken out of their home and away from their mother however it is in the best interest of the children. Being placed with people they do not know can be frightening and Anita being split up from her other siblings can cause distress. The EPO only lasts for 8 days S.45 (1) C.A 1989 so the social worker will need to come up with a care plan for the children and explore options of accommodation for the long term if it is needed. The social worker will also have to organise a strategy discussion with the Police, Local authority and other relevant agencies such as the Children’s Outreach service.
B.How is the social worker/LA likely to respond if Sonia returns and demands the children return home with her?
During the eight days that the order is in place for, the children are not allowed to be returned home until it has been fully investigated and the correct measures have been taken to make sure that the children are paramount and their welfare is protected. The social worker should meet with Sonia and explain what the EPO is and the rights and limitations she has. Anita, Ben and Caitlin are allowed to have reasonable contact with Sonia during the EPO. S.44 (13) C.A 1989. This should be discussed with the children to see if they would like to visit their mother as it is important to ascertain the wishes and feelings of the child. After this the social worker should then organise contact hours so Sonia can see them.
C. How would you deal with the situation if one or all of the children said they did not want to stay in foster care?
The social worker should initially speak to the children and see how they feel about being in foster care and explain that they cannot return home at the moment. The social worker should consider what other options there is and speak to Elaine about possibly allowing them to stay with her for the time being, if the children wish and Elaine is able and willing. S.32 (a) (b) C.A 1989. The social worker is required to when making a decision with respect to a child being looked after to give due consideration to a child’s religious persuasion, racial origin and cultural and linguistic background S.22 (5) (C) C.A 1989 it is important that the social worker considers that Anita is white and Ben and Caitlin come from a mixed background when finding an appropriate placement for them. The social worker should try and find alternative accommodation so that they are able to be placed together S.23(7) C.A 1989.
Anita is now living with her maternal grandmother, Elaine, and Ben and Caitlin remain in the foster home. A case conference has been held where it was decided that it is unsafe and not in the children’s interests to return to their mother’s care. Elaine and Sonia ask the social worker to explain what the options are for the children’s future. Elaine is willing and able to continue caring for Anita but does not feel able to look after Ben and Caitlin as well.
5. Given the children’s history and current situation, outline the legal options that the LA must consider and weigh up the possible long-term plans for the children’s care.
As Sonia has had many relapses and has threatened the welfare of the children many times, it is in the best interests of the children that they don’t return. There are a few long-term plans that the social worker could possibly consider. Initially care plans for each child must be made and must be specific to each child, in order to apply for care orders from the court. S.31(A) C.A 1989 An interim care order should be made whilst a full hearing of a care order is created S.38 (4) C.A 1989. Interim care orders last for eight weeks, any number of interim orders could be made subject to the non-delay principle and in line with the Public Law outline. Eventually a long term care order application could be made which commits the children to the Local Authority. It has been established that the harm, or likelihood of harm, is attributable to the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him S.31 (2) (i) C.A 1989. This gives Local Authority parental responsibility of the children and they can present plans of contact with Sonia and Elaine. S.34 (11) C.A 1989. As Anita is living with Elaine, Elaine may want to apply for Special guardianship S.14 (A) this provides permanence of a legally secure family placement however Anita should be asked what she would like to do and if she may consider being adopted if she did not want to live with Elaine permanently. The special guardianship would give Elaine parental responsibility for Anita. As Elaine cannot take on Ben and Caitlin, it is important that the social worker explores long term options for them too. Adoption is an alternative to foster care and is more permanent. The Adoption and Children Act 2002 requires the welfare of the child throughout his/her life to be the paramount consideration of the court or adoption agency S.1(2) The social worker should consider the checklist when exploring this as an option. S.1(4) All throughout the process it is important that the social worker ascertains the children’s wishes and needs. If this option was chosen a placement order should be made to the court S.21(2)
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