Education and Child Matters

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Wardship

 

WHAT IS WARDSHIP?

Under practice division 12D of the family procedure rules wardship is when the high court becomes a child’s legal guardian. If this happens the child becomes a ward of court. 

LINK TO GOVERNMENT WEBPAGE FOR PRACTICE DIVISION 12D OF THE FAMILY PROCEDURE RULES

The day to day decisions for the child will be made by the local authority or anyone else who is looking after the child. However, no important decisions in the child’s life can be made without the permission of the high court. The child cannot also be taken abroad without the permission of the high court.

Wardship is granted when the issues concerned are not able to be resolved or protection cannot be provided under the children act 1989. When this is the case it is called ‘inherent jurisdiction’. This gives the high court power to hear a case unless the law has restricted that power so another court has to hear that case.

LINK TO GOVERNMENT WEBPAGE FOR CHILDREN ACT 1989

WHEN AND UNDER WHAT CIRCUMSTANCES IS A WARDSHIP GRANTED?

Wardships are granted by the high court when there is a significant risk of harm to the child. Such circumstances are:

  1. If a child is being taken abroad by force
  2. To protect a child from being groomed
  3. To protect an abducted child
  4. If a child needs medical treatment
  5. If a child is being radicalised
  6. If a child is being forced into a marriage
  7. If a child is at risk of female genital mutilation.

WHAT CRITERIA DOES A CHILD NEED TO FULFIL TO BE MADE A WARD OF COURT?

The following criteria is required: 

  1. The age of the child is from birth to 18 years of age.
  2. The child must be a British citizen
  3. The child must be physically present in England and Wales
  4. The child must be habitually resident in England and Wales (habitually resident means where the child lives, goes to school, and spends their life)

CAN AN UNBORN CHILD BECOME A WARD OF COURT?

An unborn child is not able to become a ward of court.

WHO HAS THE PARENTAL RESPONSIBILITY FOR A CHILD WHO HAS BEEN MADE WARD OF COURT?

When a child is made ward of court the parental responsibility is shared between the high court and anyone else who has existing parental responsibility for the child such as the parents or the local authority as long as the court believes they should still have parental responsibility. Day to day decisions for the child can be made by the individuals or the council (social workers) with parental responsibility. However, important life changing decisions can only be made with the high courts permission. These are decisions such as:

  1. Changing the child’s name.
  2. The child getting married
  3. The child being interviewed by the police or a journalist/reporter
  4. The child going abroad out of England and Wales
  5. The child being adopted
  6. Serious medical treatment
  7. Change of living arrangements 

CAN A CHILD WHO IS WARD OF COURT LEAVE ENGLAND AND WALES?

Without the high courts permission a child who is ward of court cannot leave England and Wales.

WHEN DOES A WARDSHIP END?

A wardship ends under the following circumstances:

  1. When the child is 18 years of age
  2. When the court revokes the wardship.
  3. If a care order is granted for the child. This is stated in section 91 (4) of the children act 1989.

LINK TO GOVERNMENT WEBPAGE FOR SECTION 91 (4) OF THE CHILDREN ACT 1989

WHO CAN MAKE AN APPLICATION FOR WARDSHIP?

The following can make an application for wardship to the court:

  1. The child themselves.
  2. The local authority in which the child resides
  3. An individual related to the child (parents and immediate family members) 
  4. An individual who has an interest in the child (teachers, medical professionals)

HOW CAN A WARDSHIP APPLICATION BE MADE?

The application form that needs to be completed and submitted to the high court is called form C66

LINK TO OUR L.I.P HELP GUIDE FOR FORM C66

It must be accompanied by an affidavit detailing the grounds of the application.

WHAT HAPPENS WHEN THE HIGH COURT RECEIVES THE APPLICATION FOR WARDSHIP?

The following will happen when the high court receives the wardship application:

  1. The high court will process the application and issue a legal document called a summons. 
  2. As soon as this happens the wardship is active. The court hearing to discuss the wardship must be within 21 days otherwise the wardship comes to an end. 
  3. An officer of the high court will send paperwork to the principal registry where the wardship is registered in the register of wards.
  4. The high court will send a copy of the application form C66, a C6 notice of proceedings and other paperwork to all those involved in the wardship case. The respondent(s) in the case will also receive an acknowledgment of service form sent to them by the court. The respondents are everyone who needs to be notified, all individuals with parental responsibility and anyone involved or affected by this application. The respondent must complete the acknowledgement of service form and return it to the high court and send a copy to the applicant (the person who submitted the application form). The respondent must also send a notice informing the court of their address and where the child is if they know. A copy of this must also be sent to the applicant.
  5. There will be a hearing where wardship will be decided by the high court.
  6. If a child is made ward of court the case can stay with the high court to deal with or they can transfer it to a lower local court. However, the decision whether the child should continue as a ward of court can only be made by the high court.

WILL CAFCASS CARRY OUT CHECKS FOR THIS COURT APPLICATION?

Cafcass (the children and family court advisory and support service) will automatically be involved in this application. The court will ask Cafcass to complete background checks and write reports (guided by the court) for the court during this application and while any court order for wardship is in place.

LINK TO OUR L.I.P HELP GUIDE FOR WHO ARE CAFCASS?

WHO IS THE APPLICANT AND THE RESPONDENT IN THIS C66 APPLICATION?

The applicant is the individual who is completing and submitting form C66 to the high court.

The respondent is anyone who has parental responsibility for the child, anybody who needs to be notified of the application, anyone involved or affected by this application