Following on from a previous blog, Timms Family Law expert, discusses common terms that are used during pre-proceedings...

Child Protection Medicals

A Child Protection Medical is a medical examination undertaken to assess if a child or young person has been injured as a result of abuse or neglect.

The examination may include blood and urine tests, X-rays and scans. Medical photographs will probably be taken.

The purpose of a child protection medical is to diagnose any injury or harm to the child, document the findings, provide a medical report on the findings, including an opinion as to the probable cause of any injury or other harm reported, and assess the overall health and development of the child.

The doctor will seek to obtain consent from someone with parental responsibility and from the child, depending on their age. Social Services will always be advised if a Child Protection medical is carried out and the findings may be shared with the police.

Public Law Outline (PLO)

The 'letter before proceedings' or PLO (Public Law Outline) is a letter from the Local Authority sent to parents informing them that they are starting the PLO process. Receiving the letter means there is one last chance for parents to work with the Local Authority to make changes in order to avoid the Local Authority taking the parents to Court. You can find out more information about PLOs here.

What is a Cognitive Functioning Assessment?

A Cognitive Functioning Assessment is an assessment undertaken by a psychologist who will ask you various questions. They will take you through various number and literacy questions to determine what level you function at.

The outcome of this assessment is written in a report and shared with all parties involved. This then means that all involved know how best to work with you. That might include the use of a bigger font, using pictures as prompts or taking regular breaks. The report may even suggest that an intermediary is appointed to assist you within the Court proceedings.

These assessments can be done as part of the Court proceedings. Or if you are involved in the Public Law Outline process, they can be done during this stage.

The Cognitive Assessment will make sure that all professionals work with you in a way that makes sure you fully understand what is being discussed and the decisions being made.

Section 20 – Voluntary Accommodation

The Local Authority will, in some circumstances, ask parents to agree to place their children in foster care.

It will usually happen if they are worried about a child’s safety or welfare, it can be because a parent is unwell and unable to care for their child at that particular time. If a social worker asks you to agree to this very often you will need to make a quick decision about the accommodation. Social workers will often call this arrangement a S.20 agreement.  Section 20 of the Children Act 1989 which sets out how a Local Authority can provide accommodation for a child in their area, if that child needs it. To find out further information on section 20 agreements, please click here.

Police Protection Order (PPO)/ Police Powers of Protection

If a child is believed to be at risk of significant harm, they can be removed from their home and placed under police protection for up to 72 hours in a safe location, under the Children Act 1989. This is an emergency and temporary measure, and no court order is required. It is important you seek legal advice as a matter of urgency if your child is placed in police protection.
Police powers of protection cannot be legally challenged. However, it is possible to challenge the care proceedings that follow. So if your child is has been removed by the police, you should seek legal advice as soon as possible. Please call us on freephone 0800 011 6666 to speak to one of the team.

If you hear the term ‘police protection order’ or PPO, it is not, as the name may suggest, an order issued by the court. Instead, the term is commonly used to describe the powers held by police officers to protect a child from harm if they believe there is an imminent danger. This includes, but is not limited to, the power to remove a child from the family home without a court order and to temporarily house them in a ‘place of safety’. This may be in accommodation provided by the local authority or with a relative or carer. It may be that a child needs to be kept in hospital. In some rare circumstances a child may be accommodated at a police station, but this should be avoided.

A child can be kept in police protection for a maximum of 72 hours. The police do not acquire parental responsibility during this time.