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Local Authority Jurisdiction While Child in Long Term Care

Posted: Tue Oct 03, 2017 10:47 am
by charmed1
I live in X county with my son while my daughter lives with a foster family and goes to school in the neighbouring Y county. Her social worker is from my local authority and it's making things so difficult for her school, me, the foster carer, everyone as they can't deal direct with the local authority the foster carer and school are in. They have to loop in my local authority and it's taking extra time and causing massive frustration. Does her birth family's residence decide the local authorities Children's Services department the case is dealt with? Would I have to move and live in the same county as my daughter to have her case moved? My daughter's new social worker is useless. No one including school can get hold of her. I would do anything for her to be changed by moving her case across.

edited by Suzie to maintain confidentiality

Re: Local Authority Jurisdiction While Child in Long Term Care

Posted: Fri Oct 06, 2017 2:42 pm
by Suzie, FRG Adviser
Dear charmed1

Thank you for posting again on the parents discussion board.

You have not said in your post whether your daughter is in foster care under a care order or accommodated under section 20 of the Children Act 1989.

If your daughter is under a care order then the local authority that obtained the order from the court is the one who has parental responsibility for her and is able to make decisions about where she lives, education and other matters in consultation with her parents as they continue to have parental responsibility (a father has parental responsibility automatically if married to the mother or is on the child’s birth certificate and the child born after December 2003). Our advice sheet about parental responsibility is here for your information

It is not clear whether your daughter has special needs as a looked after child which requires regular involvement of the social worker. If your daughter has special needs then there should be an EHC plan in place to meet her needs.

Since the local authority where you live is responsible for your daughter, they have placed her with the foster carer but as stated above they have overall responsibility for her. Please see our advice sheet regarding the duties that the local authority has when a child is in the care system. As your daughter does not live with you it does not matter where you live, especially if there is a care order in place. If you daughter is only accommodated, then this would be a voluntary arrangement which means that you can decide to remove your child from the foster placement. I would not advise you to do so without seeking advice from a child law solicitor.

You clearly have concerns about how your daughter’s case is being managed and therefore suggest that you put your concerns in writing to the social worker and the team manager. Your daughter should also have an independent reviewing officer (IRO) overseeing her care plan and welfare generally so you can get in touch with him or her about the issues relating to your daughter.

I hope you find this helpful but if you would like to speak to an adviser, please telephone our free confidential advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday (excluding Bank Holidays)

Best wishes


Re: Local Authority Jurisdiction While Child in Long Term Care

Posted: Wed Oct 11, 2017 1:01 pm
by charmed1
Hi Suzie, yes my daughter has complex additional needs and she is under a full care order. She has global development delay and is in a very supportive school for kids with varying disabilities. The new social worker doesn't appear to have had the proper handover as she has no clue about my daughter having an type of disability. At the pep she seemed to think my daughter was just slow despite the meeting being held at the school. I am appalled and don't know who her manager is. She won't give me her (the social worker's) email address and I can barely hear her on the phone. My daughter is with a lovely foster carer and the school are great it's just this new social worker who is making life (deliberately) difficult. Her communication/people skills are non existant.