Family Contact For Looked After Children
Before reading this webpage about family contact for looked after children, please read our webpage titled what is a looked after child? Please click on the link below and you will be taken to that page.
LINK TO OUR L.I.P HELP GUIDE TO WHAT IS A LOOKED AFTER CHILD
CAN LOOKED AFTER CHILDREN HAVE CONTACT WITH THEIR FAMILY?
If deemed safe and suitable under section 34 of the children act 1989 a looked after child (a child in care) must have some (reasonable) contact with the following:
- Their parents.
- The person who has parental responsibility for them.
- Anyone who cared for them under a court order such as a residence order or child arrangements order just before the child was taken into local authority care.
- Anyone who cared for them under a wardship just before the child was taken into local authority care.
LINK TO GOVERNMENT WEBSITE FOR SECTION 34 OF THE CHILDREN ACT 1989
If deemed safe and suitable under schedule 2 (15) children act 1989 local authority child services should also help a child keep in touch with their grandparents, siblings and wider family.
LINK TO GOVERNMENT WEBSITE FOR SCHEDULE 2 (15) CHILDREN ACT 1989
All looked after children have a care plan. All contact arrangements will be detailed in the care plan.
WHAT TYPE OF CONTACT CAN BE AGREED?
The type of contact will depend upon the particulars of the case. It can be:
- Supervised contact
- Face to face contact
- Overnight contact
- Indirect contact such as letters, calls, emails and through social media.
WHAT IF A CHILD OR THEIR FAMILY FEELS THERE IS NOT ENOUGH CONTACT?
The child, the parents, the person with parental responsibility and other family members can speak to the social worker who supports the child and oversees their case and ask for more contact.
If local authority child services does not agree or help with more contact than that stated in the care plan then the family can submit an application form to the court to ask for more contact. The court form to do this is form C1 or form C2 if there are existing proceedings ongoing. The other form needed to be sent alongside form C1 or C2 is form C15. Please click on the links for full details on how to complete these forms, what you need to send with them and where to send them.
LINK TO OUR L.I.P HELP GUIDE FOR FORM C1
LINK TO OUR L.I.P HELP GUIDE FOR FORM C2
LINK TO OUR L.I.P HELP GUIDE FOR FORM C15
Please note the following:
- Permission is not required to submit this application for contact to the court unless the person(s) are the grandparents, aunt, uncle or siblings of the child.
- A copy of the application form and all attachments will need to be sent to local authority child services and any person with parental responsibility.
This application for more contact can be made under section 34 of the children act 1989
LINK TO GOVERNMENT WEBSITE FOR SECTION 34 OF THE CHILDREN ACT 1989
Please note that if there are care proceedings which are ‘live’ then a parent or a person with parental responsibility can get legal aid to pay for their contact order application. Please check on the government legal aid website.
LINK TO GOVERNMENT WEBSITE FOR CHECK IF YOU CAN LEGAL AID.
You can talk to the family rights group for further help. Please click on the link below
LINK TO WEBSITE FOR THE FAMILY RIGHTS GROUP
CAN A PARENT OR A PERSON WITH PARENTAL RESPONSIBILITY BE REFUSED CONTACT WITH A CHILD?
If a parent or a person with parental responsibility asks for (more) contact with a looked after child than decided in the original care order and written in the child’s care plan and the local authority feels that (more) contact is not deemed safe, then they can refuse the request for (more) contact for 7 days. If the local authority wants to refuse contact for more than 7 days then they will need to ask the court for a court order. The court order will give permission to the local authority to refuse contact.
The court order allowing local authority child services to refuse contact will last as long as is needed in the best interest of the child.
Once the court has granted a court order allowing the local authority to refuse contact with the parents or the person with parental responsibility or any other family member, they cannot make another application to the court asking for contact for 6 months. If they do then they will need to ask permission from the court first.
If a parent or an individual with parental responsibility makes repeated applications to the court or keeps asking for permission, the court can grant a barring order preventing any more applications or requests for permission to apply for a time period. The court can do this under section 91 (14) of the children act 1989.
LINK TO GOVERNMENT WEBSITE FOR SECTION 91 (14) OF THE CHILDREN ACT 1989
DOES THE LOCAL AUTHORITY HAVE TO INFORM THE FAMILY WHERE THEY HAVE PLACED A CHILD?
If it is deemed safe and suitable, the local authority will inform the parents and the person with parental responsibility where they have placed a child.
CAN LOCAL AUTHORITY CHILD SERVICES HELP WITH TRAVEL COSTS TO MEET A LOOKED AFTER CHILD?
Yes, local authority child services can help with these costs. It is up to them at their discretion but it is not mandatory for them to help.
CAN A CHILD CONTACT THEIR SIBLINGS?
If there is no court order in place preventing contact, then local authority child services must facilitate the contact between siblings.
If siblings would like more contact they must first ask the social worker supporting the looked after child. The looked after child can also speak to their independent reviewing officer (IRO) at the review of their care plan and express an interest in more contact with their sibling(s).
LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS A LOOKED AFTER CHILD – IRO AND CARE PLAN
If contact does not improve siblings can submit an application form to the court asking for permission to make an application to the court asking for more contact. The court form required is form C2.
LINK TO OUR L.I.P HELP GUIDE FOR FORM C2
After permission is given then form C1 will need to be submitted to ask for more contact.
LINK TO OUR L.I.P HELP GUIDE FOR FORM C1
The siblings can make this application for more contact with each other under section 8 of the children act 1989
LINK TO GOVERNMENT WEBSITE FOR SECTION 8 OF THE CHILDREN ACT 1989