Can The Local Authority Suspend My Contact With My Child During Care Proceedings?

In her latest blog, Family Law expert Melissa Knight discusses ‘Can the Local Authority suspend my contact with my child during care proceedings?’……

If your child is in the care of the Local Authority, the Local Authority must allow “reasonable” contact between a child and their parents or others who share parental responsibility with the child under section 34 (1) Children Act 1989. This means that the Local Authority must make efforts in order for contact to take place. However, the Local Authority has a level of discretion as to the duration and frequency of the contact which is usually set out in the child’s interim care or supervision plan which is endorsed by the Court during care proceedings.  This can be supervised or unsupervised, face to face or remote.

Can The Local Authority Suspend My Contact?

If the Local Authority considers that contact should be suspended because it would not be in the child’s best interests then they are able to do so legally without a court order for a seven day period if they are satisfied that it is necessary to do so in order to safeguard a child’s welfare and the refusal is decided upon as a matter of urgency ( section 34(6) Children Act 1989). This is used in emergency situations and parents must be notified about the Local Authority’s intention to do this and be informed of the reason why contact has been suspended. If the Local Authority wish for contact to be suspended for any longer than seven days then they must make an application to the Court which is known as a section 34(4) application and the Court can order that contact could be suspended for a longer period.

What If I Don’t Agree To Contact Being Suspended?

If parents do not agree with contact being suspended, then they can instruct their solicitors to make representations on their behalf at a contested section 34(4) hearing about why the contact should continue and then the Judge will make a decision after hearing the position of all parties and sometimes oral evidence. The Court will only suspend or refuse contact between a parent and their child in very serious situations and the Judge must think about whether there any steps which can be taken to ameliorate the concerns first before deciding to suspend contact. For example, increase the amount of staff who supervise the contact or complete work with the parent to help them understand the impact of their behaviours on the child.

Common scenarios where the Local Authority make an application to suspend contact between a child and parents are:-

• when the child has made an allegation about a parent which requires a criminal investigation and if contact took place it could interfere with the ongoing criminal investigation
• The child is reporting to another parent or professional that they are extremely scared of seeing their parent and it is considered that having contact with the parent would have a detrimental impact on the child’s emotional wellbeing
• Parents have a history of sharing inappropriate and adult information with the child during contact sessions which impact the child’s welfare
• Parents’ behaviour and demeanour – for example concerns in respect of serious mental health issues or presentation arising out of alcohol or illegal drug misuse

It is not just the Local Authority who can make an application under section 34(4) Children Act 1989. Another parent or child’s guardian may be able to make an application to suspend contact also.

If you require any further information in respect of this area of law then please feel free to contact me via email (m.knight@timms-law.com).

Melissa Knight
September 2021