Can a Child be Placed with a Family Member within Care Proceedings?

In the event that a child’s parents are unable to care for them during the course of care proceedings, it will cause less distress and disruption if that child can be placed with a family member.

The Court will expect a Local Authority to consider a family placement first, if alternative care arrangements are needed, when they issue care proceedings.

Family Placements – Do family members need to be assessed?

A viability assessment of the family member will need to be undertaken by a social worker as soon as it is identified that an alternative placement must be sought for the child. In non–emergency cases this should ideally be done before the proceedings are issued, again to avoid disruption and distress to the child. This allows the child to move to a family member/carer in a planned way. Initial viability assessments will include police checks and searches of social care records to make sure that the placement is safe and secure and that the child will be looked after appropriately.

Many alternative family placements are with grandparents or aunts and uncles, whom have a significant relationship with the child.

What legal order can be in place if a child is placed with a family member during proceedings?

There are a range of legal orders under which a child can be placed with a family member. For example, an interim care order / child arrangement order (time limited). The Court will decide who needs to share parental responsibility with the child’s parents in the interim to make sure that decisions regarding the child’s welfare and needs are met i.e. attending health appointments and school.

If the Court makes an interim care order then family members will be further assessed by a social worker, as a specific foster carer, whilst they are caring for the child. They will also be entitled to financial assistance as well as advice and practical support from social care. The child is considered a ‘looked after child’ if there is an interim care order in place and so family carers will be invited to attend meetings held by social care.

All important decisions about the child will be made by social care although day to day decisions can be delegated to the family carer.

The only order that allows family members to share parental responsibility with the child’s parents is a Child Arrangement Order (time limited during proceedings). Decisions regarding contact and school attendance would be made by the carers, although they would be supported and guided by social care and would need to liaise with the social worker closely. It is likely that a family carer in this situation would be subject to further assessments during this period, if they decide they wish to look after the child in the long term .

Who is considered to be a family member or relative?

The Children Act 1989 defines a relative as a grandparent, aunt, uncle, sibling, stepparent whether a full blood relative or not. Any family member can seek an assessment of themselves by the local authority if they wish to be considered as a carer whether short or long term. They must be prepared to be open and honest with the local authority about any previous or current involvement with the police or any other reason which would preclude them from caring for a child as the assessment process will uncover this information.

Family placements during care proceedings can be complex and each individual case needs careful consideration. If you need any further information, please contact me on 01332 364436 or at t.dunleavy@timms-law.com

Tessa Dunleavy
March 2020