Who Can Care For My Child During Care Proceedings?

Child Care during Care Proceedings

In her latest Timms Blog, Family Law Solicitor Lauren Richards discusses “Who Can Care For My Child During Care Proceedings?”…

Who Can Look After My Child During Care Proceedings?

If the Court makes the very serious decision that a child cannot live with their parents whilst Court proceedings are ongoing,  then the first port of call will always be to look at whether there are any suitable family members.

If the Local Authority were involved with the family before Court proceedings were issued (which is usually the case). Then it is highly likely that the Local Authority will have already assessed family members ability to care for the child.

In some cases, when the Local Authority issues proceedings their interim care plan will be for a child to be placed with a family member, who has been positively assessed.

Under What Order Can My Child Be Placed With A Family Member?

There are various Orders that can sanction the placement of a child with a family member during Court proceedings.

The child could be placed with the family member under an Interim Child Arrangements Order. This would give the family member parental responsibility for the child, which they would share with the biological parents. This type of order would be suitable in circumstances where the Local Authority do not feel that they need to share parental responsibility for the child. If a carer is granted an Interim Child Arrangement Order, they are automatically made a party to the Court proceedings and will be entitled to Legal Aid.

Where the Local Authority feel that they need to share parental responsibility for the child whilst a more in-depth assessment of the family member is completed, the Local Authority will apply for an Interim Care Order. Under these circumstances, the Local Authority would share parental responsibility for the child with the parents.

The family member caring for the child would not acquire parental responsibility. This is called a regulation 24 placement. Under this placement, the family member would be approved as a temporary foster carer. This would be for a period of 16 weeks whilst a full assessment is completed and may be entitled to fostering allowance.

What Happens In The Case Of A Negative Assessment?

In situations where there is a negative assessment of a family member and the Local Authority does not support a child being placed there. The Court can of its own motion, make an Interim Care Order sanctioning the placement. This is a placement pursuant to section 38(6) of the Children Act 1989. In this circumstance, the carer is not approved as a foster carer and would not be entitled to fostering allowance.

As a family member caring for a child during Court proceedings, it can seem a very daunting process. Especially if you are not legally represented.

If you need advice regarding caring for a family member, or any other family law matters, please don’t hesitate to contact me at l.richards@timms-law.com or on 01283 214231. Alternatively, you can visit the Family Law section of our website here.

 

Lauren Richards

December 2021

 

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