Section 37 Children Act 1989 Guidance for Social Workers

Transcription

1 Section 37 Children Act 1989 Guidance for Social Workers Operational from: 25 th April 2013 Agreed by: CYPS Policies and Procedures Group Version Number: 1.0 Date of Equality Impact Assessment: TBC Document Author: CYPS Quality Assurance and Professional Development Responsible Team: CYPS Quality Assurance and Professional Development Review Date: 25 th April 2014 When, during any private law proceedings under the Children Act 1989, a question arises about the welfare of the child, and it seems to the Court that it might be appropriate for a Care Order or Supervision Order to be made, then it will direct a local authority to undertake an investigation of the child s circumstances and report to the Court its findings (Section 37 report). The timescale for completing this report is 8 weeks and this guidance provides details about the Local Authority s and social worker s responsibilities throughout the whole process. We will on request produce this policy, or particular parts of it, into other languages and formats, in order that everyone can use and comment upon its content. Version Control Reason for revision and summary of changes needed Date

2 SECTION 37 CHILDREN ACT 1989 GUIDANCE FOR SOCIAL WORKERS 1. Investigations Directed by the Court (Section 37) 1.1. Section 37 Directions A court can direct a local authority to investigate a child s circumstances where a question arises regarding the child s welfare in family proceedings and the court considers that it may be appropriate for a care or supervision order to be made The court should inform the local authority by telephone when a Section 37 Direction has been made. The Direction must then be served on the local authority and the parties as soon as practicable When a court serves a 37 Direction on the local authority, it should also serve any documentary evidence that has been filed in the proceedings During the investigation, the Local authority must consider whether it should: (a) apply for a care order or supervision order; (b) provide services or assistance for the child or his/her family; or (c) take any other action If the local authority decides not to apply for a Care or Supervision Order, the section 37 report should explain: (a) The work undertaken for this particular investigation (b) The welfare checklist relating to the child(ren) (c) Reasons for the decision not to apply for an order (d) The details of any service or assistance provided, or which it is intended to provide for the child(ren) and family, (e) Any other action taken or which they intend to take (f) Whether it would be appropriate to review the case at a later date and if so, the date on which the review is to begin (section 37(6)) If the local authority decides not to apply for a care or supervision order, the local authority is required, under Section 37(4) to report to the court before the end of a period of eight weeks following the date of the Direction. The Court has power to vary this to a longer or shorter period

3 if it wishes, but in the absence of such a variation, the eight week time limit applies The Court s Powers to make Interim Orders When a Section 37 investigation has been directed, the court has the power to make an interim care order or interim supervision order. An interim care order can be made for eight weeks initially, and renewed for up to four weeks at a time thereafter The usual threshold criteria for such interim orders apply. Therefore, an order can only be made if there are reasonable grounds for believing that the child concerned is suffering or is likely to suffer significant harm. That harm or likelihood of harm must being attributable to: (a) the care given to the child, or likely to be given if no order were made, not being what it would be reasonable to expect a parent to give him, or (b) the child being beyond parental control If the local authority decides not to apply for a care or supervision order, the interim order will expire at the end of the period fixed by the original direction Role of the Child(ren) s Guardian If the court has made a Section 37 Direction and has made, or is considering whether to make, an interim care order, a Child(ren) s Guardian must be appointed unless the court considers such an appointment is not necessary in order to protect the child s welfare. Case law has provided further guidance on when a Guardian should be appointed. The court will consider matters such as whether there would be sufficient time for the Guardian to play a useful role, whether the child has a Solicitor, and how the child's interests would be safeguarded during the investigation without the appointment of a Guardian In these circumstances, the proceedings are deemed to be specified proceedings, as defined in Section 41(6) Children Act 1989.

4 If the local authority decides not to apply for a care or supervision order, the proceedings cease to be specified and the basis on which the Child(ren) s Guardian was appointed ceases to exist However, case law has established that, once a Child(ren) s Guardian has been appointed, it is generally in the child s interests for the Guardian to remain involved until the conclusion of the local authority s assessment and the final hearing providing that the Guardian consents. Funding for this may be obtained via Legal Aid. The Court will usually make a Direction for the Guardian s appointment to be reviewed once the local authority assessment is concluded, and for the Guardian s appointment not to be discharged until an Order of the Court has been made addressing the issue Action to be Taken Upon Receipt of a Section 37 Direction Once a Section 37 Direction has been received from the court, the local authority has a duty to investigate. The local authority shall consider whether to take any other action in respect to the child(ren) and family. The request for a Section 37 report does not negate the social work team from undertaking any other enquiries to ensure safeguarding is in place i.e. duty to investigate under section 47 of Children Act The local authority must also have specific regard to the issues set out in paragraphs and above The Report A Section 37 Direction will require the authority to file a report with the court in respect of its assessment if an application for a care or supervision order is not made, and may also direct the Authority to serve copies on the parties to the proceedings The Section 37 report should contain the following: (a) family composition;

5 (b) background/chronology (including Social Services experience of the family); (c) details of the work undertaken during the investigation; (d) details of who was seen/contacted and documentation considered; (e) assessment of risk and protective factors; (f) welfare checklist; (g) the reasons for the decision not to apply for a care or supervision order; (h) the details of any service or assistance provided or which it is intended to provide, for the child and family; (i) any other action taken or proposed with respect to the child; (j) whether the case will be reviewed at a later date, and if so the date on which the review is to begin The social worker who undertakes the report needs to: See and speak to each child alone, or with siblings and also with parents, unless there is enough information on which to base a decision (s 47(4)) Consider the suitability of seeing the parties separately or together at home, See partners of parents Check with housing, health and any other local authority (who are obliged to assist unless it would be unreasonable to do so in all circumstances of the cases (s 47(5), (9) (11)) See anyone else who may be relevant For further guidance, see the Appendix 1, 2 (process for completing a Section 37 report) Where it is clear or likely that a supervision or care order will be recommended, the social worker and practice manager must make an early request for a legal strategy meeting, and prepare the report in advance of the meeting or discussion. This is to ensure that the local authority can, if necessary, issue proceedings before the filing date occurs.

6 A copy of the section 37 draft report should be sent to the Legal Department in all cases in any event Where, following the investigation, it is decided to apply for a care or supervision order, the Court must be informed in writing Who Can See the Report? It is vital to comply with the rules of court regarding the confidentiality of court documents. A report prepared for a Section 37 investigation must be regarded as a court document, even when it is in draft form and has not yet been filed with the court or served on the parties A court document must not be disclosed to anybody other than parties to the proceedings without first obtaining the Court s permission. Within Social Services, only the Key Worker and person with line management responsibility should see the report and any Court papers that have been received in connection with the Direction. The Legal Department should always be consulted if it is considered that other staff may need to see the report This rule applies to Child Protection Case Conferences. The findings and conclusions of the investigation can be discussed and the Key Worker can share information obtained in the course of the investigation. However, the report should not be circulated to Case Conference members, even while in draft form, unless the Court s permission has been obtained for such disclosure.

7 PROFORMA FOR SECTION 37 ASSESSMENT REPORTS] IN THE [ NAME ] COURT IN THE MATTER OF SECTION 37 OF THE CHILDREN ACT 1989 IN THE MATTER OF [ NAME OF CHILD/CHILDREN ] Case Number: Report by Suffolk County Council Under Section 37 Children Act 1989 Author: [ ] Position: [Social Worker/Child Care Manager Date: [ ]

8 I, [name and position] of [Social services address], declare that this report is true and that I make it knowing it may be placed before the Court in these proceedings. 1. [details of qualifications and experience of author of Report] 2. Suffolk County Council was directed by the Court to conduct an assessment in respect of [child/ren's name (s)] under Section 37 Children Act 1989 on [date]. The Court also directed that the Council should file a Report in respect of its assessment by [date]. 3. Family Composition 4. Assessment and Investigation Describe the work undertaken for the assessment, e.g. list individuals interviewed/contacted, whether contact observed, documents reviewed, other agencies approached, include attempts to meet with people or requests for information which have been unsuccessful. 5. Family Background Include chronological information, and background/circumstances surrounding the family and the court proceedings. 6. Involvement of Social Services Describe any previous or continuing involvement of the Department with the family. 7. Welfare Checklist

9 8. Assessment of Risk and Protective Factors To include conclusion as to whether or not Authority will apply for a Section 31 Order. CASES WHERE NO APPLICATION UNDER SECTION 31 TO BE MADE: 9. Reasons for Local Authority's decision to make no application under Section 31 Children Act Consideration of services and for assistance to be provided for the family/children Describe any such services. Where no such services/assistance to be offered, explain why. 11. Any Other Action Taken or Proposed with respect to the Child 12. Review of the Case State whether social Services will review the case and if so, on what date. If no review is felt to be necessary, state why. NOTE: 1) This proforma may need to be varied in individual cases e.g. where Social Services have had significant involvement with the family. Paragraphs 9-12 must always be included.

10 2) It may be desirable to add sub-headings to the headings contained in the proforma, to enable the information to be presented with more clarity. 3) Where an application for a Section 31 Order is to be made, the Department may wish to commence proceedings quickly and it may not be appropriate or necessary to wait until the expiry of the period allowed for assessment or the completion of the Report. Liaison with the Legal Department to address this with the Court will be required, although good practice requires that, as a minimum, the Court be informed in writing of the decision for an application to be made. 4) A copy of the Report should be forwarded to a Local Authority Solicitor before it is filed. Any queries or difficulties with regard to the assessment and/or report should be raised with the Legal Department. 5) The Report, even while in draft form, must NOT be shown to anyone other than Social Workers involved in the case and their Practice Manager, and the Legal Department unless the Court's permission is obtained.

11 Appendix 1 Process for completing a section 37 report for court If a case is not open Request for Sec 37 report from Court LA Legal send out paperwork to PM/SW PM to convert the contact into referral PM to allocate case to SW (report in 8 weeks) SW to undertake an Initial Assessment Yes Consider if Sec 47 action is needed No PM/SW to follow Sec 47 procedure (CYPS) SW to complete a Core Assessment SW to write the Sec 37 report PM to review and approve SW s report Sec 37 report to be sent to LA Legal LA Legal to file Sec 37 report to Court

12 Appendix 2 Process for Completing A Section 37 Report For Court If a Case Is Already Allocated To A Social Worker LA Legal contact allocated SW/PM SW has 8 weeks to complete report SW to re-evaluate circumstances Yes Has SW done an Initial Assess. No SW to complete Initial Assessment Yes Is Sec 47 action required? No SW/PM to follow Sec 47 procedure SW to complete Core Assessment SW to write Sec 47 report PM to approve SW s report Sec 37 report sent to LA Legal LA Legal to file Sec 37 (to Court)