When a child is in the care of the local authority they are known as a ‘looked after child’ (LAC) and the local authority have a legal duty under the Children Act 1989 (section 34(1)) to allow that child reasonable contact with certain people. Those people are:
- Parents;
- Any person who was a legal guardian before the child was placed into foster care;
- Any person who had a Child Arrangements Order stating that the child lived with them before they were placed into foster care.
In addition to the above people, the local authority have a general duty to promote contact with other family members of the child such as grandparents and siblings.
As with all matters concerning children, the paramount consideration is the welfare of the child and contact arrangements will be specific to the individual child. What level of contact is appropriate for one child may not be appropriate for another child. Contact encompasses various forms and could be direct (face to face) with specifications about where it can take place (i.e. in the community or in a set location, such as a contact centre) and whether it is supervised, supported or unsupervised. It could also be indirect contact (i.e. letters and cards or telephone). In recent years, and particularly since the COVID-19 pandemic, virtual contact can sometimes be offered by way of video calls (facetime or WhatsApp).
When in court proceedings, the local authority have to consider the appropriate level of contact for the child in question and this will be set out within the interim care plan (if court proceedings are continuing) or in the final care plan (if the court proceedings are coming to an end).
As a child gets older, what is an appropriate level of contact for that child is likely to change and therefore the local authority have a duty to keep contact arrangements under regular review. This review is known as a LAC review and at these reviews, the level of contact can be increased, deceased or can remain the same.
An individual may be unhappy about the level of contact that they are having with a child in care and despite asking the local authority for more contact, this may be refused. If that is the case, Churchers Solicitors have a number of experienced lawyers who can offer you some advice and legal representation on your next steps.
Whilst ultimately an application to the court can be made, there are steps which should be taken first to try and resolve the situation amicably. This would involve arranging a meeting with you to discuss the particular case and what has happened to date. Further details from the local authority may be requested to ascertain why the proposals for contact made have been refused and what the local authority are proposing in terms of contact arrangements moving forwards. It is important that these preliminary steps are undertaken as it may enable the situation to be resolved.
If these steps do not result in the situation being resolved, then an application to the court may be necessary. The process to do this is that an application form must been completed. If there are no ongoing court proceedings this is a C1 and a supplementary form known as a C15. If proceedings are still before the court, then the appropriate application is a C2. A witness statement may also be required and this will assist the other parties in knowing exactly what contact you are seeking. All parties to the court proceedings will have the opportunity to comment on the application and if matters cannot be agreed then ultimately a Judge will make the decision.
Whilst not an automatic right, you may be eligible for legal aid to assist with the cost of your representation dependant on your financial situation. We can advise you about this.
If you are unhappy with the level of contact that you are having with a child who is in the care of the local authority and would like some help or assistance, please call our childcare law team on 023 9221 0170