Family Matters

Child Protection – Things to remember.

 

Our Middlesbrough Solicitor advises;-

 

  • The purpose of a Child Protection Conference is to bring professionals together with the family of a child at possible risk of harm;

 

  • A decision will be made and help and support will be offered;

 

  • Child Protection involvement does not mean that the Local Authority are going to take your children away;

 

  • You are entitled to have a solicitor with you at a Child Protection Conference, for advice and support;

 

  • Legal Help (a form of legal aid) is available for assistance at a CPC and you should check to see if you are eligible.

 

If you need help because you have been invited to attend a Child Protection Conference, call us first for caring professional advice. You may be eligible for free advice under the Legal Help Scheme (legal aid) and we can assess you for this.  Ask to speak to our specialist Family Solicitor, Stacey Phoenix.

Child Protection Plan – What happens next?

 

Our Middlesbrough Solicitor explains;-

 

At the Child Protection Conference, a date will be agreed for your first Core Group Meeting, which you will need to attend. Solicitors do not usually attend these meetings as they are informal and relaxed, but in some circumstances you can request that your Solicitor attends with you.

 

The Chair will also set a date for a Review Child Protection Conference, three months from the date the child is made subject to a child protection plan.

 

A further review will take place six months after the Review Child Protection Conference and it is at this stage that the professionals will look at the progress made and decide whether or not the child can be “deregistered”. If this is not the case then the plan will continue to be reviewed on a six monthly basis.

 

If you need help because you have been invited to attend a Child Protection Conference, call us first for caring professional advice. You may be eligible for free advice under the Legal Help Scheme (legal aid) and we can assess you for this.  Ask to speak to our specialist Family Solicitor, Stacey Phoenix.

What happens at a Child Protection Conference?

 

The meeting will be led by the Chair; this is an independent safeguarding officer who makes sure that the meeting follows the correct schedule. There will also be a minute-taker at the meeting, who writes down everything that happens, to allow a report to be provided to everyone involved.

At the meeting it has to be established whether the child is at continuing risk of significant harm.

The test for this forms three parts;

  1. The child can be shown to have suffered ill-treatment or impairment of health or development as a result of physical, emotional or sexual abuse or neglect, and the professionals believe that this is ongoing or is likely to continue;
  2. The professionals believe that the child is likely to suffer ill-treatment or impairment of health or development as a result of physical, emotional or sexual abuse or neglect;
  3.  The child has suffered neglect.

If this is the case then the professionals at the conference will decide if the child;

  1. Should be made the subject of a child protection plan;
  2. Should be considered as ‘a child in need’;
  3. Should be neither of the above and no action is required.

 

 What is a Child in Need?

A child can be a “child in need” without being subjected to a Child Protection Plan. This is usually the case if the level of concern is not high or if there have already been improvements within the family environment.

If a “child in need” plan is needed, it will be drawn up at the meeting and it will then be reviewed every 6 months.

 

What is a Child Protection Plan?

 

A Child Protection Plan is an agreed plan which states how matters should progress and what action should be taken. This could be action required by the parents, carers or professionals, and this allows for interagency help.

 

If a Child Protection Plan is needed then the Chair will determine the category or categories of abuse, which are detailed below.

 

The conference must agree on the appointment of a key worker, and decide when the first Core Group Meeting will take place. A Core Group Meeting allows the family and professionals to meet on a regular (monthly) basis in a more informal setting, the aim being to monitor progress and to offer support. These meetings usually take place at the parents’ home, the child’s school or sometimes at the local Social Services’ office.

 

The Plan will agree upon the duties and responsibilities of the Core Group members and the family.

 

Categories of abuse;

 

When it has been decided that a Child Protection Plan is needed, the Chair of the CPC will decide on one or more of the following categories by which the child will be made subject of the Plan;-

 

Neglect

Persistent or severe neglect of a child, failure to protect from danger or extreme failure to carry out aspects of care resulting in impairment of child’s health or development, including non-organic failure to thrive.

 

Physical injury

Actual or likely physical injury to a child or failure to prevent injury or suffering.

 

Sexual abuse

Actual or likely sexual exploitation of a child or adolescent. The child may be dependant and/or developmentally immature.

 

Emotional abuse

Actual or likely severe adverse effect upon the emotional or behavioural development of a child, due to persistent or severe emotional ill treatment or rejection. This is only used as a category where it is the sole or main form of abuse.

 

In some circumstances, the child may need to be made the subject of a plan, due to the severity of the situation. It may not always appear that the category reflects the situation, but the category nearest to the situation will be used, because one must be chosen.

 

If you need help because you have been invited to attend a Child Protection Conference, call us first for caring professional advice. You may be eligible for free advice under the Legal Help Scheme (legal aid) and we can assess you for this.  Ask to speak to our specialist Family Solicitor, Stacey Phoenix.

Can I have a Solicitor attend a Child Protection Conference with me?

Our Middlesbrough Solicitor explains;-

Yes you can. Parents, carers and children are entitled to have a Solicitor present with them at a Child Protection Conference. The role of a Solicitor at a CPC is as an advisor and to offer support to the client. However, in some circumstances where the client does not feel able, the Solicitor may be able to speak on their behalf.

If you need help because you have been invited to attend a Child Protection Conference, call us first for caring professional advice. You may be eligible for free advice under the Legal Help Scheme (legal aid) and we can assess you for this.  Ask to speak to our specialist Family Solicitor, Stacey Phoenix.

Who can attend a Child Protection Conference?

Our Middlesbrough Solicitor explains;-

The parents or carers of the child will be invited to attend. The child may be invited to attend all or part of the conference, but only if they are of sufficient age and maturity to understand the procedure.

The professionals invited should include all those who can make a significant contribution to the discussions. Those who are invited but cannot attend should be invited to submit a written report. All of the professionals who attend the meeting should file a report outlining their involvement and other relevant information. Such reports should be provided before the meeting to allow the reader to digest the information but in practice, the reports are usually provided on the day of the CPC.

The people who may attend a CPC can include the following;

  • Child or his/her representative;
  • Family members (including wider family, where this is appropriate);
  • The social worker or team manager who is involved with the family.  This can also include any outreach workers or other Local Authority staff involved with the family;
  • Foster carers or residential care staff;
  • Professionals involved with the child, such as doctors, support staff, teachers or education workers;
  • Professionals involved in any investigations, such as the Police or Probation Service;
  • Experts, if appropriate, such as hospital consultants;
  • A representative of the NSPCC

This list is not exhaustive and other relevant people may be invited to attend.

 

If you need help because you have been invited to attend a Child Protection Conference, call us first for caring professional advice. You may be eligible for free advice under the Legal Help Scheme (legal aid) and we can assess you for this.  Ask to speak to our specialist Family Solicitor, Stacey Phoenix.

What is a Child Protection Conference?

Our Middlesbrough Solicitor explains the Child Protection procedure;-

 

I have been told that the Local Authority is starting child protection procedures; what does this mean?

This means that the Local Authority believes that there is a risk to a child which needs to be looked into, or that the needs of the child are not being met.

Child protection conferences bring together the child(ren) and their family members with those professionals most involved with them.

 

What is the purpose of a child protection conference (CPC)?

The purpose of the CPC is to:

  • Bring together the family, child and professionals most involved and to analyse evidence regarding the needs of the child and the parents’ or carers’ capacity to respond to the child’s needs;
  • Ensure the child’s safety and to promote the child’s health and development in the context of their wider family and environment.

Our Middlesbrough Solicitor, Stacey Phoenix, can provide you with caring and sympathetic advice at such a difficult time, on a no-obligation basis.

You may be eligible for free legal advice under the Legal Help Scheme (a form of legal aid) and we can assess you for this.

We are members of specialist Family Law organisation, Resolution;-

At Paul J Watson, Family Law Solicitors of Middlesbrough, we believe that disputing parties in family law matters should be encouraged to resolve problems amicably, rather than proceeding to Court immediately, if at all possible.  This avoids the stress and the expense of prolonged court proceedings for our clients.

Resolution is a family law group which encourages family lawyers to help clients resolve their differences and come to an agreement in a constructive and non-confrontational way.  Family Lawyers who are members of Resolution must abide by its Code of Practice, which is designed to promote “an approach to family law that is sensitive, constructive, cost-effective and most likely to result in an agreement”.

You can find out more about the Resolution Family Law organisation by visiting their website.  That site contains special advice for parents and is recommended by this firm to anyone who is experiencing a family dispute.  You can read the information at: http://www.resolution.org.uk/advice_for_parents/

Both our Family Law Solicitors of Middlesbrough, Paul J Watson and Stacey Phoenix, are members of Resolution and are committed to its Code of Practice: http://www.resolution.org.uk/editorial.asp?page_id=26

Is a divorce my only option?

 By our Middlesbrough Divorce Solicitor;-

In today’s society, people who are experiencing matrimonial problems do not necessarily think about contacting a Divorce Solicitor straightaway for legal advice. Many do not want to finalise the end of the marriage by racing down the route of divorce and there are other options.

That’s why at Paul J Watson Solicitor in Middlesbrough, we offer a free 30 minute consultation with a Divorce Solicitor, who can talk to you about the areas of divorce or separation which worry you the most. We can provide practical legal advice relating to marriage counselling and refer you to Family Mediation specialists, who are experienced in trying to resolve matters which may have had an impact as to your feelings towards your spouse. This may resolve matters or perhaps sadly deepen your wish to end your marriage. If the latter is the case, our Divorce Solicitor can guide you through the divorce procedure required to legally dissolve your marriage.

In addition, you may wish to contact our Divorce Solicitor in relation to separating from your spouse. Perhaps you are worried as to the financial implications of separation. We can advise you in relation to the possibility of a Separation Agreement and also any welfare benefits that you may be entitled too.

You may have concerns regarding your rights to your children. Matters which may arise include; Contact, what level should parents expect? Can I take my child on holiday? My spouse won’t allow me contact, what can I do?  In addition, child maintenance is also a concern for both parents, which our Divorce Solicitor can fully advise on.

Whatever the issues, our Divorce Solicitor aims to resolve matters as amicably as possible, reducing the stress and the cost to you.

Contact our Middlesbrough Divorce Solicitor, Stacey Phoenix, for further legal advice on divorce, separation, matrimonial problems, child contact, child maintenance and financial matters (ancillary relief).

Court of Protection Applications

The Court of Protection (COP) assists in protecting the financial affairs of people who do not have the mental capacity to do so themselves. If the person did not make provisions by creating a Lasting Power of Attorney or an Enduring Power of Attorney, then an application will need to be made to the Court of Protection for a Deputy to be appointed. A Deputy could be a family member, friend or professional and they must be over the age of 18.

The Deputy will have to provide medical evidence to the court to prove that the person to whom the application relates has indeed lost their mental capacity. This is done by sending a standard COP form to the doctor of the person for completion. If the court agrees that the person lacks capacity, an order will be granted appointing the Deputy and this will also set out the authority given to them by the COP together with the limitations.

The court fee payable for the application at the time of writing is £120.00 and the payment must be made by the person seeking to be appointed as a Deputy from the funds of the person to whom the application relates. This fee is for the placement of the Deputy’s name on the Register and for the court to carry out a risk assessment. There will thereafter be supervision fees payable to the court annually. The court will decide what level of supervision is required and allocate the matter accordingly. You should also note that there may be a doctor’s fee to pay, together with the solicitor’s fee. The solicitor’s fee is fixed by the court and it is payable when the Court Order is made.

As a Deputy, you must carry out your duties and adhere to the principles set out in the Mental Capacity Act when making decisions and you must ensure that you act in the best interests of the person to whom the application relates. You are under an obligation to provide a yearly account to the court; therefore you must ensure that you keep accurate records of all your dealings in respect of the financial affairs of the person on whose behalf you are acting.

Please contact us here at Paul J Watson, Solicitor in Middlesbrough for Court of Protection applications. We will be able to answer any of your questions and assist you in the making of your application.

You can also visit the Court of Protection’s website at http://www.publicguardian.gov.uk/decisions/deputy-roles-responsibilities.htm and http://www.publicguardian.gov.uk/about/court-of-protection.htm for further guidance.

Lasting Power of Attorney & General Power of Attorney Explained

We at Paul J Watson Solicitors understand that people worry about the future and the uncertainty that it brings and we hope to assist you in planning ahead, should you become ill or incapable of making decisions concerning your affairs.

Powers of Attorney are important tools which assist should the above circumstances arise. The Law in relation to Powers of Attorneys changed on 1st October 2007 and Enduring Powers of Attorney (EPA) can no longer be made or altered, although existing ones made prior to the change in the law are still valid and are capable of registration. You can revoke an existing Enduring Power of Attorney but you will not be able to create a new one.

The new form of Power of Attorney is the Lasting Power of Attorney (LPA); this has now been divided into two separate documents. The Property and Financial Affairs which allows the donor to choose the people whom he/she wishes to make decisions on his/her behalf in relation to their property and monetary matters and the Health and Welfare LPA, which allows the donor to choose who will act in relation to his/her health i.e. medical needs, where they would live in the future etc.

The forms give the donor the opportunity to have one or more attorneys together with one or more replacement attorneys should your original attorneys become incapable of acting. The donor can also lists the number of people whom he/she would like to be notified when the document is eventually registered at the Office of the Public Guardian.

There is a major change to the new LPA; this is the requirement to have a Certificate Provider. A Certificate Provider is someone who is independent and who confirms that the donor understands the significance of the LPA. This person must have known the donor for two years or have the relevant professional skills; therefore the donor’s doctor or solicitor can be a Certificate Provider. If the donor has chosen to give notice of the registration on the LPA form, then only one Certificate Provider is required, however, if there are none, then two Certificate Providers will be required.

If you require a Power of Attorney in the short term, we can assist you with the preparation of a General Power of Attorney (GPA). This kind of Power of Attorney is valid for 12 months and would be beneficial if you live or work abroad or you are unable to make decisions due to unforeseen circumstances and you would like to appoint someone else to do so on your behalf whilst you are away.

The current fee for the registration of an existing EPA is £120 and for the LPA is also £120 for the registration of each LPA document. You can find further information on the Office of the Public Guardians website at http://www.publicguardian.gov.uk/arrangements/arrangements.htm .

A GPA does not require registration.

Contact Paul J Watson Solicitor Middlesbrough for straightforward legal advice on Lasting Power of Attorney and General Power of Attorney.