Local Authority not providing treatment to our son as per Care Plan

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pechencho
Posts: 1
Joined: Fri Aug 13, 2021 5:21 pm

Local Authority not providing treatment to our son as per Care Plan

Post by pechencho » Wed Dec 01, 2021 9:58 pm

Hi there,
The Local Authority is seeking a Care Order to keep our 14 year old son in a children's home on the basis our son is beyond parental control due to his suicidal ideation, self-harming and risk to accidental death. We signed a S20 agreement earlier this year and our son has been living in this home since June. We are very concerned that a Care Order is given and the Local Authority fails to provide the treatment the Court Psychiatrist has recommended for our son. Based on our experience so far with Social Services we have very little confidence they will provide our son with the treatment he needs within a reasonable time frame. We have been funding privately therapy for our son as the home where he is at does not provide the type of therapy he needs and all this time the Local Authority has shown no intention to arrange any therapy even though it was clear since March that he needed DBT therapy. DBT therapy is expensive and very few residential homes offer them. Can I take the Local Authority back to court if they fail to provide our son with the recommended treatment he needs? Is there a minimum time duration before I can take them to court after a care order is given? Do I have any chance to improve our sons care if I take them back to court? Thanks for your help...

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Suzie, FRG Adviser
Posts: 3519
Joined: Mon Jul 04, 2011 2:57 pm

Re: Local Authority not providing treatment to our son as per Care Plan

Post by Suzie, FRG Adviser » Fri Dec 03, 2021 2:46 pm

Dear Pechenecho,

Welcome to the parents' board and thank you for your post.

You say that your 14 year old son is current in a children's home and that the local authority are seeking a care order on the basis of him being beyond parental control. A court psychiatrist has recommended some treatment for your son, and you are concerned that this will not be provided by children's services should a court order be granted. You say that you have been funding private therapy for your son and that the local authority has not been proactive in arranging this. You would like to know what you can do if the local authority does not provide your son with the recommended treatment.

Prior to the final hearing, the local authority will submit a final care plan outlining any orders they are seeking and how your son's needs will be met under this. If they are seeking a care order, they may include in your son's care plan the provision of therapy that has been recommended by the psychiatrist. If this is not included as part of your son's care plan, you may want to speak to your solicitor, who will be able to represent this view in court and challenge the local authority. It would also be useful to the speak to your son's guardian to highlight your feelings about the importance of him receiving this treatment. The court will need to agree the final care plan and any changes made to your son's care plan after an order is granted will need to be discussed with you.

If a final care order is granted, your son will remain a looked after child as he is now, and his care will be overseen by an independent reviewing officer (IRO) and reviewed at looked after child (LAC) reviews. If the local authority do not fulfil their commitment to providing therapy outlined in the final care plan, you should firstly raise this with the IRO. If you are not satisfied with the action that is taken, you may want to raise a formal complaint. See here for how to do this.

If you continue to be unsatisfied with the care your son is receiving, you may want to seek legal advice regarding your options at that point.

Best wishes,

Suzie.

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