MERSEYSIDE COURT, CAFCASS AND LOCAL AUTHORITY PROTOCOL PRIVATE LAW FAMILY PROCEEDINGS

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1 MERSEYSIDE COURT, CAFCASS AND LOCAL AUTHORITY PROTOCOL PRIVATE LAW FAMILY PROCEEDINGS Protocol between The Court, Cafcass and The Children s Social Care Services in Merseyside Authors Sue Ashton Cafcass Service Manager Merseyside Local Authorities Her Honour Judge de Haas QC Designated Family Judge for Merseyside and Cheshire District Judge John Clark

2 1. Policy Statement The Court, Cafcass (Children and Family Court Advisory and Support Service) and Local Authority Children s Social Care Services staff in Merseyside share a commitment to safe and positive outcomes for children subject to family court proceedings. This protocol is underpinned by the commitment to minimising delay, promoting effective communication and appropriate sharing of information. 2. Purpose The purposes of this protocol are to set out the underlying principles within which issues are negotiated clarify roles and responsibilities set out a framework for professionals to work together effectively 3. Principles To ensure delays are minimised in reporting to the court and enabling the court to make timely decisions for children thereby promoting positive outcomes. To ensure that full information and assessment on the children and families involved is shared appropriately between agencies and as appropriate with the court to enable it to carry out its duties. To ensure there is agreement on the criteria and process for establishing each agency s responsibility in relation to reporting or contributing under S.7 or S.37 of the Act. To ensure that there is clarity over how and when agencies are notified of requests to report or contribute by the relevant court. To clarify timescales for reporting or contributing under S7 or S37 Children Act To ensure that work is commenced by the relevant agency on receipt of an order from the court. To reduce the need for reassessing children and families unnecessarily. Support the appropriate use of the court. 4. Scope The protocol specifies agreed responsibilities of the Courts, Children and Social Care Services and Cafcass. This protocol refers to children who are subject to private law proceedings. 5. Definitions Cafcass Children and Family Court Advisory and Support Service, which has brought together the Family Court Welfare Service, the Guardian ad Litem and 1

3 the Reporting Officer Panels, and the Children s Division of the Official Solicitors Department. FCA Family Court Advisor, the generic term for a practitioner working within Cafcass. Within private law proceedings their title is Children and Family Reporter, unless the child has been made a party to the proceedings under Rule 9.5 of Family Proceeding Rules 1991, in which case their title is Guardian ad Litem. Agency refers to either Cafcass or the Local Authority. Local Authority is used where there may be more than one Department from this agency involved. Children s Social Care Service/Team is used where it is specifically the social work teams that are being referenced. 6. Legal Context Key legislation: The Children Act 1989 Human Rights Act 1998 Family Law Act 1996 Adoption and Children Act 2002 Criminal Justice and Court Services Act Initial Safeguarding Cafcass receives copies of all C100 s that are lodged at Court; on receipt Cafcass will undertake safeguarding checks including:- Reviewing the application form and information provided by the court about any previous or current court proceedings. Ascertain whether Cafcass have any previous knowledge of the child and family. Obtain information as to whether Children s Social Care has any knowledge of this family. Undertake a police check on the parties, including any DV information. ContactPoint information (when system fully operational). Contact the parties by telephone to obtain any information regarding safeguarding issues. All of the above information will be made available by Schedule 2 letter to the court at the First Hearing (normally 4-6 weeks from receipt). Cafcass will also offer initial advice to the court regarding any outstanding safeguarding issues and further services that may be appropriate for Cafcass to provide. If an urgent application is heard and it appears that there has been recent Children s Services involvement, the Court, subject to its discretion, shall order the Local Authority to file and serve relevant documentation from its file. The Court shall specify who is to serve the order on the Local Authority and shall request a telephone call to be made to the Local Authority to alert them as to the order. The Court will try to avoid, if possible, the attendance of the social worker. The Court will further adjourn the application to a Dispute Resolution List and provide for the order and bundles to be served forthwith by the Applicant on Cafcass so that Cafcass can complete the Safeguarding Checks. 2

4 8 Purpose of reporting under Section 7 of the Children Act 1989 The purpose of a request to report under Section 7 is to provide the Courts with information; assessment and advice on specified issues to promote the child s welfare. The Court, when ordering a S7 report should ensure that any order made should specify whether the S7 report required is from Cafcass or the Local Authority. The Court Order should record:- a. The timeframe for making the section 8 decision for the child b. Whether the safeguarding checks are complete c. Whether any risk is identified, and if so what d. The particular issue(s) requiring investigation and whether any particular aspect of the welfare checklist needs to be addressed. 9 Purpose of reporting under Section 37 of the Children Act 1989 A Court can order an enquiry under Section 37 of the Act if it considers that there may be grounds for a Care or Supervision Order to be made. The Court can direct that a child s circumstances are investigated and the local authority is required to consider whether there is a need for an application for a Public Law order or provision of support/services. The court order should contain information relating to the concerns that the court has and outline the issues that the Local Authority should be aware of. The timescale generally for Children s Social care Services to provide a report under Section 37 is 8 weeks from receipt of order and papers. Where Cafcass are considering making a recommendation to the court about requesting a report under S37 Children Act 1989, it will contact the relevant Local Authority Legal Services Department. 10. Agreed Responsibilities 10.1 Reporting to the Court Under Section 7 of the Act In private law proceedings, it is ordinarily the responsibility of Cafcass to respond to a request. In keeping with the President s Interim Guidance, issued in July 2009 and the Protocol issued by Her Honour Judge de Haas QC in September 2009, a S7 request can direct the following type of reports:- a. Wishes and Feelings report in not more than 6 weeks b. A single issue report in not more than 6 weeks c. A report covering more than one particularised issue in 6-12 weeks, depending on the nature/complexity of the issues to be addressed d. Where Cafcass is required to make a risk assessment under s.16a Children Act 1989, in 6-8 weeks. 3

5 If a Local Authority is to file a Section 7 Report, the Applicant s solicitor shall attempt to liaise with the Local authority as to the relevant timescale When the Local Authority contributes to the Section 7 Report When Cafcass is preparing the Section 7 report and the relevant Children s Social Care Service has information relevant to the enquiry, the latter will generally agree to the CAFCASS Officer reading the file. In exceptional circumstances Children s Social Care may provide written information to Cafcass to include in the report. Children s Social Care Services will in general be responsible for contributing in this way, when there has been recent intervention relevant to the issues before the court. Typically, recent would mean within the previous year; however, this will need to be a matter of professional negotiation. Children s Social Care Services will aim to act promptly to identify which team will take responsibility for providing information. Children s Social Care Services staff will also endeavour to provide timely information either in written form or provide access to files When the Local Authority Has Responsibility under Section 7 It may be appropriate for the Court to ask the Local Authority s Children s Social Care Service to report to the Court because of current or long term involvement with a particular child. These would include the following circumstances: a. If the child has a Child in Need Plan and is receiving services from the Local Authority Children s Social Care Service. b. If the child has a Child Protection Plan. c. If a child is looked after by the Local Authority. d. When a relative has made an application for a private law (Section 8) order, with the support of the Local Authority who are currently involved with the child (otherwise paragraph 10.2 of this document applies when the case is closed). It is acknowledged that there may be some circumstances in which the Local Authority has current or previous involvement with the family but may not be best placed to complete a Section 7 report in full, for example, where they have previous knowledge of only one of the parents If the Child Moves Where Children s Social Care Services are undertaking the report, it will normally be undertaken by the relevant Social Care team where the children and their primary carer live(s). Should they move within the Local Authority s boundary during the course of the proceedings, the report will stay with the original social care team unless there are exceptional reasons. In the interests of avoiding delay, decisions for the report writing to be transferred to another team within the same Local Authority will only be taken by the relevant Service Manager for Social Care and in exceptional circumstances. 4

6 If the child moves to another local authority this will be communicated to the court by the original Local Authority and a direction appointment requested if agreement cannot be reached in order to consider which Local Authority should complete the assessment Ordering a report With regard to Section 7 or Section 37 reports the Court will arrange for the Order to be sent to either Cafcass or the Local Authority within 48 hours. Any delay in receipt of orders / papers may result in a request from the Local Authority or Cafcass for the timescale to be extended. A Court order should also provide for one of the parties to serve a bundle on Cafcass/Social Services if appropriate. Cafcass will assist the Courts to identify cases that may need information from and/or enquiries by relevant Local Authority. Cafcass and the relevant Local Authority will not act on any oral instructions. 11 Information Sharing and Safeguarding If at any stage of court proceedings and/or the Cafcass assessment there are concerns about the possible or actual harm of a child, the FCA will contact the relevant Local Authority Children s Social Care Service. If a referral seems appropriate, written information will be prepared for the relevant Children s Social Care team as an Initial Assessment of Need and the court will be notified. Cafcass will also advise the Children s Social Care Service when Cafcass involvement has ended and the final outcome of the court case. If the request for information or a report comes from a Solicitor not directed by the court representing a parent or a child, Children s Social Care Services are under no obligation to provide a report. The FCA will include any indicators of possible harm to children within their assessment and will refer to the relevant Children s Social Care Service accordingly. 12 Consulting the Child Taking into account the child s maturity and understanding, the worker responsible for the Section 7 report has a duty to:- Inform the child concerned about the Court proceedings and the decision the Court has been asked to make Consult the child and report their views to the Court Ensure the child knows what will be reported and what will be recommended Ascertain whether the child wishes to see the Judge Ensure the child knows the outcome 13 Timescales 5

7 Dependant upon the type of S7 report that is being ordered, the following timescales apply from receipt of the papers:- a. Wishes and Feelings report in not more than 6 weeks b. A single issue report in not more than 6 weeks c. A report covering more than one particularised issue in 6-12 weeks, depending on the nature/complexity of the issues to be addressed d. Where Cafcass is required to make a risk assessment under s.16a Children Act 1989, in 6-8 weeks. e. If the Local Authority is to file a Section 7 Report, the Applicant s solicitor shall attempt to liaise with the Local Authority as to the relevant timescale. If exceptional circumstances are present, the Court may seek the prior agreement of the agency to produce a report in a shorter timeframe. Where the Court is ordering Children s Social Care Services to report under Section 37, the Court will normally allow 8 weeks from receipt of order and papers for the report to be filed. Those undertaking the report or contributing to it will endeavour to do so promptly, in recognition of the impact on children and families of delays within court procedures. However, if the author of the report anticipates difficulty in meeting the timescale, he/she shall write to the Court immediately explaining the same and request a re-timetabling. 14 Disagreement Both agencies have a responsibility to consult at all stages where this will avoid doubt and delay as to who should prepare the report. In the interests of the welfare of the child and avoiding delay, the expectation is that the relevant Local Authority Social Care Manager and the Cafcass Manager work together to resolve such disagreements promptly. If it is not capable of resolution, they may return to the Court for direction. 15. Monitoring and Review This protocol will be reviewed twelve months from date of revised date of implementation within the Joint Cafcass and Local Authority meeting and the Court Local Authority Issue Group. 6