The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
Meta Title :Guidance from ADCS and Cafcass about completing the national local authority social work evidence templates (initial and final case analyses)
Meta Keywords :Cafcass, ADCS, guidance, national local authority social work evidence templates, reforms, family law
Canonical URL :
Trending Article :
Prioritise In Trending Articles :
Aug 18, 2014, 02:30 AM
Article ID :106743
The Association of Directors of Social Services (ADCS) and Cafcass have produced a template for a national social work statement which has been developed to highlight a child’s needs where in the opinion of a local authority that child needs long-term protection and support, at home or elsewhere.
It is hoped that by becoming an expectation in all family courts, the statement will make it easier to train social workers on its use, especially where social workers move between local authorities. The statement has been developed so that all court requirements are summarised in one document. In this way, it is hoped that the child’s situation can be more clearly understood.
The statement was developed in partnership with DfE and the senior judiciary, and its use is recommended by the President of the Family Division, the Department for Education, the Ministry of Justice, ADCS, Cafcass and Her Majesty’s Court Service. It complements the nationally prescribed court forms and is compliant with all relevant statute and current case-law.
The expectation is that by 31 December, all social workers will be using the statement.
1. All social work statements should be submitted on the
national template and filed and served with the C110A application and in
accordance with the Public Law Outline (April 2014 version).
2. This template must be completed to include all the children
subject to an application. Whilst the social work statement is a legal
document, its primary purpose is to tell the child’s story and to advise the
court how the child can best be helped in the future.
3. The template is available to download on the DfE, MoJ, ADCS
and Cafcass websites. The statement should include the totality of social work
evidence gathered in the case. The statement should support the judicial
management of the case and also be fair to all parties and balanced (see
section 10). The updating section (9) may be completed for the Issues
Resolution Hearing (IRH) and/or the Final Hearing if updates are minor. It will
be more normal to file and serve a final case analysis on the national template
provided for this purpose.
4. Use one template per family, not one per child. The template
allows for the common concerns for all children in a family, identified in
assessments, to be recorded, as well as for the distinct needs of each child to
be set out. The template is designed to set out clearly the social work
evidence. That evidence can be primary – the direct experience of the social
worker – or secondary – evaluation by the social worker of evidence from
assessments or from the views and judgments of other people who know the child
or who have assessed the child’s needs. Facts should be confined to those
relied upon in evidence. An indication of whether they are accepted or
contested should be given where possible in section 8.
5. Each section of the template has to take account of the
relevant welfare checklist (see below at paragraphs 24 and 25). The social work
statement must apply a welfare checklist analysis throughout, as relevant to
each section and in accordance with section 1(3)(a)-(g) of the Children Act
1989 and with s1(4) of the Adoption and Children Act 2002.
6. With respect to each child, when making recommendations on
the appropriate order to be made, the report writer must be mindful of the ‘no
order’ principle (Children Act 1989, s1(5) and the Adoption and Children Act,
s1(6). This legal principle states that the making of any order must be better
for the child than making no order at all.
7. Experience has shown that local authorities with a strong
case management and case progression function and capacity have been able to
support social workers to write and submit a good evidence-informed social work
analysis. This benefits the court and all parties equally.
8. A case analysis can be strengthened by using well-validated
tools for the assessment of domains like parenting capability and children’s
resilience. Such tools can support and strengthen the accuracy of evidence, if
9. To show due respect, adults should be referred to as Ms, Mr,
Mrs…and children should be referred to by full names initially and thereafter
by their first names. Professionals should be referred to as Dr, Ms, Mr,
Mrs….with their professional role identified.
Key terms and practical points about using the templates
10. The genogram (in section 1.2) must be completed and this
will normally be through using standard software.
11. Use of an ecomap (in section 1.3) can be helpful by setting
out diagrammatically those individuals who are keeping a child safe and those
individuals who pose a risk or a threat to that child.
12. The chronology (in section 2) lists those events or a
sequence of events which are significant in terms of their impact on the child.
The chronology should be confined to the last two years unless an event before
that point in time has a current – and therefore lasting - significance. The
chronology can be cut and pasted into a stand alone document if required.
13. The analysis of harm (in section 3) is the social work
analysis of the significant harm the local authority says the child has
suffered or is likely to suffer, and why the child is at a continuing high
level of risk.
14. A child impact analysis (in section 4) demonstrates an
understanding of the impact on the individual child of what has been happening
to them. The impact of the same event can be different on different children
within the same family, so this section analyses the differential impact, as
well as the factors supporting a child’s resilience in the face of what has
15. The analysis of parenting capability (in section 5) and of
wider family and friends capability (in section 6) should address the
fundamental question in each case – ‘can this parent or carer provide this
child with a good enough standard of care for the rest of their childhood?’
16. The care plan, including the placement and contact framework
(in section 7) must set out how the local authority proposes a child can be
given the security, stability and care she or he needs, for the rest of their
childhood. This plan for placement and contact is separate from the LAC Care
Plan, which should be filed separately.
Gathering and collating evidence
17. Gathering and collating evidence starts as soon as a case is
opened to a local authority at a high level of risk and concern. Planning for
the child’s future starts at this stage, initially by ensuring the help a
parent needs to keep a child safe and at home is made available. The timescale
for improvement in the quality and safety of care a child receives should be
set out. Depending on the nature and/or severity of the parent/s problems, the
help offered may need to be intensive and should be the best possible to
address the mix of problems the parent/s is going through. In some cases, a
longer-term less intensive or episodic service may need to be available e.g,
when parents or a child have a disability or a long-term mental health
condition. Progress should be kept under regular review, with the assessment of
a child’s needs evolving over time and as the evidence base for the standard
and level of parenting accumulates.
18. If the local authority considers it may have to apply to court to remove a child from home on either a short-term or permanent basis, it is essential to explore alternative care options for the child other than remaining at home. Parents should be fully involved in that discussion and decision. Consideration should always be given to holding a family meeting or a family group conference which involves all potential alternative family carers being explored. Parents should be supported to engage with their wider family for this purpose, even if they intend to contest the local authority application. The local authority should resource any advocacy one or both parents and/or wider family members needs in order to participate. They should also carry out viability assessments of each alternative family carer identified.
19. Should the local authority’s concerns remain high, legal advice should be sought and care proceedings should be considered as one possible action when the child’s needs are being reviewed. At this stage, whenever it comes, sufficient assessment work should have been completed to inform this decision. Engagement with the family remains crucial, even if the programme of early help has not resulted in a better outcome for the child. At varying points, the local authority concern can be reflected in a written agreement drawn up with the parent/s, a child protection plan or, in cases where the local authority feels the threshold for a care application is met, through deciding – usually after a legal planning meeting - whether to step involvement up to formal pre-proceedings status by issuing a letter before proceedings, so that the parent/s can obtain their own legal advice.
Consideration of alternative care options
20. The social worker must evaluate all realistic options for the child’s future. The advantages and disadvantages of each option should be listed in section 7, with reasons for the preferred option being given.
21. The proposed care plan for the child should be the one most likely to achieve positive long-term outcomes for the child. The care plan set before the court must include how the child’s array of needs are going to be met in the future. The Court’s care plan should, in accordance with the Children and Families Act 2014, be clear about the ‘permanence provisions to the child setting out the long term plan for the upbringing of the child’ being concerned with the following – ‘a) the child to live with any parent of the child or with any member of, or any friend of, the child’s family - b) adoption – c) long term care not within a) or b)’. When adoption is the care plan, it must be because ‘nothing else will do’. To arrive at this conclusion, social workers must analyse the discounted options giving a brief summary of why other realistic options should be discounted in favour of adoption.
22. It is envisaged that at the IRH or final hearing, concurrent Care and Placement Orders could be made, should the court decide that is in the best interests of the child. Care and Placement Orders should only be considered separately and sequentially where there are good reasons for the applications to be separate and sequential. Such good reasons may include more complex cases, possibly with older children: sibling groups were children may have different needs, where it is clear that whilst a care order is needed, further assessment is necessary before arriving at the permanence plan most likely to achieve the child’s long-term welfare. The local authority must take all possible steps to achieve permanence for the child, including consideration of a fostering for adoption placement where appropriate.
23. Children should be as fully involved in their own cases as their needs dictate. Through their solicitor and their guardian from Cafcass, children must be kept informed of what is happening in their case and fully consulted, subject to their developmental age and understanding. In deciding with the child the appropriate level of involvement in their own case, the guardian, solicitor and the court must take the child’s best interests into account.
The welfare checklists in full
24. The full Children Act checklist, to be used in care and supervision proceedings is found at section 1(3) (a) – (g) and requires the court to have regard to the following matters:
(a) The ascertainable wishes and feelings of the child/children concerned (considered in the light of his/her/their age and understanding);
(b) His/her/their physical, emotional and educational needs;
(c) The likely effect on him/her/them of any change in his/her/their circumstances;
(d) His/her/their age, sex, background and any characteristics of his/hers/theirs which the court considers relevant;
(e) Any harm which he/she/they has/have suffered or is/are at risk of suffering;
(f) How capable each of his/her/their parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his/her/their needs;
(g) The range of powers available to the court under this Act (Children Act 1989) in the proceedings in question.
25. The full Adoption and Children Act welfare checklist, to be used in care proceedings where the plan is for adoption and in placement proceedings, is found in section 1(4) (a) – (f) and requires the court and the adoption agency to have regard to the following matters (among others):
(a) the child’s ascertainable wishes and feelings regarding the decision (considered in the light of the child’s age and understanding),
(b) the child’s particular needs,
(c) the likely effect on the child (throughout his life) of having ceased to be a member of the original family and become an adopted person,
(d) the child’s age, sex, background and any of the child’s characteristics which the court or agency considers relevant,
(e) any harm (within the meaning of the Children Act 1989 (c. 41)) which the child has suffered or is at risk of suffering,
(f) the relationship which the child has with relatives, and with any other person in relation to whom the court or agency considers the relationship to be relevant, including
i) the likelihood of any such relationship continuing and the value of the child of its doing so,
ii) the ability and willingness of any of the child’s relatives, or of any such person, to provide the child with a secure environment in which the child can develop, and otherwise to meet the child’s needs,
iii) the wishes and feelings of any of the child’s relatives, or of any such person, regarding the child.