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Appendix - glossary & teminology

ACCOMMODATED
A child must be provided with ‘accommodation' by their local authority social services department in the following circumstances: there is nobody with parental responsibility for the child (for example the child's mother is dead and the father does not have parental responsibility, or the child is an unaccompanied asylum seeker) or the child is lost or abandoned or the child's carer cannot provide them with suitable accommodation or care (perhaps because of homelessness, mental health or drug/alcohol problems).

A parent can ask the local authority to ‘accommodate' a child, or social services may agree with a parent that they will accommodate a child to avoid having to apply for a care order. Accommodation will often occur when social services have serious concerns about the child's welfare and the parent agrees that the child can be accommodated with foster carers or relatives. A child who is accommodated is not under a care order and in theory can be removed from his/her accommodation by his/her parents (although if a local authority is worried that this might happen they can apply for a care order). The parent(s) of an accommodated child are the only people with parental responsibility as the local authority or grandparent/carers do not gain PR when a child is accommodated.

CAFCASS (Child and Family Court Advisory and Support Service)
The recently formed service, accountable to the Lord Chancellor's Department which combines Family Court Welfare (production of reports in private law case proceedings), Official Solicitor and Guardian ad Litem (GAL) service functions.

CARE ORDER
The local authority social services department (SSD) can be granted a Care Order if they can satisfy the court that your grandchild is suffering serious harm (or is likely to suffer serious harm) as a result of the care they receive or the child is beyond parental control. In deciding whether to grant a Care Order the court must reach their decision after base their decision upon the Welfare Checklist.

Just because a local authority has a Care Order for a child it doesn't mean that they have to remove a child from his/her parents. However, once a local authority has a Care Order they are able to make a decision (based on the child's ‘best interests') as to where the child shall live, and may decide to place your grandchild with you. You will not acquire Parental Responsibility if the local authority places your child with you under a care order. The child's parent(s) and the local authority will share parental responsibility, but your views on any plans for your grandchild should be considered.

CHILD & FAMILY REPORTER (FORMERLY KNOWN AS A FAMILY COURT WELFARE OFFICER)
A court official who prepares reports in private law (Residence and Contact Order) applications. The Reporter is either an experienced probation officer with specialist training in children cases, or a social worker with many years experience. The Family Reporter will carry out interviews with carers and parents, a child (if they are old enough to meaningfully contribute to the assessment), and any other person who has important knowledge about the family and child. The Reporter's recommendations must always be congruent with the Welfare Checklist, and must be in the ‘best interests' of the child. The judge is not bound to follow the Reporter's recommendations but it is unusual for them to deviate from the recommendations made in the report.

DIRECTIONS HEARING
The first Court hearing when the Judge/Magistrates will decide on the timetable for the case, perhaps order that a welfare report is carried out, and give instructions to the parties and professionals on the way in which s/he wants the case to be handled. At a Directions Hearing, typical instructions will deal with disclosure of evidence, appointment of expert witnesses, dates of filing of statements, etc.

EMERGENCY PROTECTION ORDER (EPO)
A court order which permits a child who is in need of immediate protection to be removed from their place of residence to a ‘place of safety' or be kept in a safe place (such as a hospital) while enquiries are made by social services departments. To obtain an EPO the local authority must show that they have reasonable cause to believe that a risk of significant harm exists unless an order is granted. When an EPO has been granted, enquiries must be carried out as rapidly as possible to ensure that a child is not unnecessarily kept apart from their family. An EPO lasts for a period of up to eight days, but can be extended for another week if the local authority has not completed their investigations during that time.

While an EPO is in force a designated social worker will contact a variety of agencies such as GPs, Health Visitors, Schools, the Police, etc. to see whether concerns already exist with regard to a child or family and what is known about their circumstances.
An EPO confers PR on the local authority while it is in force.

GUARDIAN AD LITEM/REPORTING OFFICER (GAL/GALRO)
Also known as a children's guardian - an experienced independent social worker who is appointed by the court in care proceedings and other public law children act cases. the gal's role is to ‘safeguard and promote the interests of the child'. s/he will assess the case information, consult with experts, appoint a solicitor to act on behalf of the child, prepare a written report and advise the court about the needs of the child. her/his report must make recommendations as to what action would be in the child's best interests. the gal has the right of access to any papers kept on the child by a social services department or nspcc and may make use of any expert witness or order expert reports to ensure that the child's interests are met.

INTERIM ORDER
Court orders made on a temporary basis to provide some stability or protection for a child while further evidence is being considered and reports being carried out.

‘LOOKED AFTER' CHILDREN
Your grandchild is "looked after" by the local authority (Social Services Department) when the local authority possesses a ‘care order' for him/her or s/he is ‘accommodated' by the local authority.

PARENTAL RESPONSIBILITY (PR)
Is defined in s3 of the Children Act as the collection of rights, duties, power and responsibilities that a parent has in relation to their child. These rights and responsibilities come from a variety of sources and are not clearly listed in any one place. However, they include such things as being able to make decisions relating to a child's education (choice of school, access to reports, permission to go on school trips, etc.) health and medical treatment, religious upbringing, as well as matters of day-to-day care such as being able to take a child to the hairdressers and permitting them to have a haircut which substantially alters their appearance.

Mother have automatic PR for their children as do fathers who were married to the mother at the time that the child was born. Unmarried fathers can obtain PR by applying to the court for a PR Order, or by signing a PR agreement with the mother although in the future it is likely that any father whose name is on the birth certificate will automatically receive PR. Anybody else (including grandparents) who wish to acquire PR must do so through legal proceedings. When a care order or emergency protection order exists, the local authority (social services department) obtains PR and shares it with the parent(s) of a child although in practice the SSD makes decisions about where the child shall live and how his/her upbringing will occur.

A number of people can have PR at the same time, having obtained PR by different routes. For example the mother has automatic PR, an unmarried father may have come to a PR agreement with the mother, and a social services department may have a Care Order in respect of the same child. If grandparents then successfully applied for a residence order they would automatically receive PR.

Once an individual (as opposed to an SSD) has acquired PR they do not lose it unless a child is adopted, or in some rare circumstances a court orders that PR should be removed from them. Social Services Departments lose PR once an Emergency Protection Order (EPO) or a Care Order comes to an end.

A child can therefore have a number of adults with PR in his/her life. Someone who possesses PR cannot simply grant it to anyone else, but they can arrange for some of their responsibilities to be met by other people (for example while a child is staying with relatives or is on a school holiday, the people caring for the child are responsible for his/her care but don't have PR.

RESIDENCE ORDER
An order which defines where a child should live and whom they should live with. A person who holds a Residence Order automatically acquires Parental Responsibility if they don't already have it. A local authority cannot possess a Residence Order as it is made in favour of a named person i.e a grandparent, foster carer etc.

WELFARE REPORT
A report prepared by the Family Court Reporter which considers a variety of issues relating to a child's best interest. The report will deal with such matters as contact with birth parents, family dynamics, quality of accommodation available to the family, etc. Before writing the report the CAFCASS officer will carry ask for information from professionals involved with the family, interviews family members and observe contact between the child and

WELFARE CHECKLIST
The elements which must be taken into account by the Family Court Reporter when producing a report, and by the Court when deciding whether to make an order, and what order to make.

The Welfare Checklist is as follows:

  
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