Early Intervention and Assessment Before Legal Proceedings

Children’s services play a crucial role in assessing and intervening in situations where a child’s welfare may be at risk. Before any formal legal action is issued, various levels of intervention and assessment are employed to determine the best course of action for children and families.

Children’s services have a duty under section 17 Children Act 1989 to provide services to children in need (CiN). CiN is a plan put in place following a child and family assessment. Children’s services get involved with cases of children regularly but not with the intention of removing the child as this is generally considered to be a last resort after all other options have been explored. Therefore, when identifying a ‘child in need’ they are obligated to take steps to ensure that child is safeguarded in the first instance so that proceedings can be avoided.

The process

A Section 17 child in need assessment identifies the needs of a child to ensure that the family are supported in safeguarding the child’s welfare. Children’s services will promote the upbringing of the children with their family by offering a range of services to assist them. A child will be considered in need if:

1. They are unlikely to achieve or maintain or to have the opportunity to achieve or maintain a reasonable standard of health or development without provision of services from the Local Authority (LA),

• Their health or development is likely to be significantly impaired, or further impaired, without the provision of services from the Local Authority; or

• They are disabled.

Section 17(3) allows for any service provided by the LA to be provided for the family of a particular child in need or for any family member, if it is provided with a view to safeguarding or promoting the child’s welfare. If there is reasonable cause to suspect that a child is suffering or likely to suffer significant harm, then action will be taken under Section 47. This assessment is more urgent and thorough than a Section 17 assessment and is required where there is reasonable cause to suspect that a child is suffering or likely to suffer significant harm These investigations can be led by Children’s services or the police in emergency circumstances.

The LA has a duty to conduct Section 47 enquiries where they are:

1. Informed that a child who lives, or is found, in their area is the subject of an emergency protection order; or is in police protection, and

• 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.

During a Section 47 enquiry, the professionals who are concerned about the information they have obtained will contact you and ask about the situation. If the risk to the child is still unclear, then a strategy meeting will need to take place. The purpose of this meeting is to allow all professionals working with the child/children (these might be social workers, police, schools or health professionals) to formulate a safety plan. A child protection plan will be issued once Section 47 enquiries have been conducted and a report concludes that further action is needed. This is a formal plan that will monitor and support the family. If the situation does not improve or the risks to the child remain significant, Children’s Services will then consider applying to the Court for a Care Order to ensure the child is protected.

All of these frameworks are designed to provide targeted support that addresses the immediate needs and welfare of the child, whilst working on any underlying issues within the family. Early and effective intervention not only helps by safeguarding the children, but the processes also help promote family stability and well-being, preventing the need for more drastic measures.

Care proceedings will only be initiated when children’s services have essentially run out of options. A Public Law Outline (PLO) meeting is the final attempt to keep the case from going to Court. These meetings are a vital component of the public law process to promote effective communication among all parties and to ensure the child’s interests remain paramount throughout. It serves as a platform for collaboration, focusing on achieving positive outcomes for the family by undertaking assessments and any required interventions. The PLO process is usually around 16 weeks long with meetings taking place every 4-6 weeks.  If the Local Authority (LA) remain concerned about the child’s safety during the end of the PLO process, PLO could be extended or alternatively, it is at that point that care proceedings are initiated to seek the application of a Care Order or Supervision Order.

What can we do for you?

Wollens have a highly trained family team that represent clients throughout the PLO and Court proceedings process. If you are in need of representation at PLO meetings or are involved in Court proceedings concerning your child then please do not hesitate to contact us and we will be happy to assist.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.