When we think about public Family Law cases, we often picture complex Courtrooms, legal jargon, and the emotional challenges faced by individuals involved. At the heart of these cases are vulnerable children who need extra care and support. This is where alternative carers step in, playing a crucial role in creating stability and safety during turbulent times.

Alternative carers are usually explored during pre-proceedings before an application to Court has been made. This is to make sure that if the Local Authority issue Care Proceedings, family members have been assessed to see whether the child can reside with them temporarily during Care Proceedings. The Local Authority will complete an initial assessment of the alternative carers proposed. This is often called a viability or suitability assessment.

What are public family law cases?

Public Family Law cases are when the Local Authority make an application under Section 38 Children Act 1989 for an interim care or supervision order.

Unfortunately, these cases sometimes require the intervention of the legal system to protect children who are in unsafe environments and at risk of significant harm. When the Courts remove a child from their home, the next step is finding a safe and supportive environment for them. The Local Authority explore family members in the first instance before children are removed into foster care.

The role of Alternative Carers

So, who are these 'alternative carers'? Usually they will be family members who the child is related to however, if relatives are unable to care for the children then the Local Authority can consider friends, teachers or even neighbours.

Here are just a few key roles they play:

Providing Immediate Safety:

Alternative carers can be assessed to look after a child in the short-term or long-term. When a child is removed from their home, they need a safe place and stability. Alternative carers offer that secure environment and sometimes may be asked to supervise contact between a child and their parents.

Offering Emotional Support:

The emotional toll on children in Public Law cases is significant. Alternative carers often become a source of comfort, providing the emotional support these children desperately need. They help create a nurturing environment where children are protected.

Facilitating Family Reunification:

The goal in many cases is to reunite children with their birth families, when it's safe to do so. Alternative carers often work closely with social services to foster positive relationships and prepare both the child and their family for reunification.

Meeting Individual Needs:

Every child is unique, and alternative carers are often equipped to handle diverse needs—from trauma to behavioural issues. They are often required to provide personalised care that aligns with each child's situation.

Challenges faced by Alternative Carers

As essential as they are, being an alternative carer isn't without its challenges:

Emotional Toll:

Caring for children who have been exposed to abuse and or/neglect can be emotionally draining. Alternative carers must often navigate complex feelings and behaviours and be able to demonstrate the child over the relationship the alternative carers have with the children’s parents.

Resource Limitations:

Many carers struggle with a lack of financial or educational resources. This can hinder their ability to provide the best possible care however if the carers have been assessed as family foster carers or special guardians then the Local Authority have to consider what financial support is required to support the child remaining there.

Legal Complexities:

Public Law cases can be legally intricate and sometimes alternative carers find it hard to navigate legal rights and protocols without adequate guidance. The Local Authority sometimes offer to fund a session of independent legal advice.

Burnout:

The demands of carer can lead to burnout, making it crucial to provide carers with the adequate support they need. The Local Authority have to consider what support can be provided to family members who have been assessed as appropriate to look after a child in Public Law proceedings.

Who can I put forward to be assessed as an Alternative Carer?

Anyone! During the PLO process, or at the beginning of Public Law proceedings, you will be asked to put forward everyone who you wish to be assessed as an alternative carer forward to the Social Worker. This can be a family member, a close friend, a neighbour – essentially it is anyone you trust to take care of your child.

It is essential that all alternative carers are put forward at an early stage as there is a strict timetable for decisions to be made for children. The Court may consider that alternative carers put forward at a late stage of proceedings are unable to be considered. This is due to the delay it could cause for the child’s timetable and permanency, which is not in the children’s best interests. This is because the Local Authority must undertake in-depth assessments of alternative carers which can take a long time to complete.

If I put an Alternative Carer forward, will this decrease my chance of having my child returned to my Care?

No. During the course of proceedings, you (as a parent) will be assessed to care for your child first and foremost. However, in the event that the Local Authority does not consider it safe for your child to return home, they will consider the alternative carers who have been put forward by the parents.

The Local Authority must consider all available options for the child and it is essentially up to the Court as to where the child is placed long term.

Next Steps...

If you require any further information regarding the above blog, please contact me on s.haywood@timms-law.com. Alternatively, you can contact a member of our Family Team on 0800 011 6666.