Childrens Services - Court Information

Children, Young People and Families social care services must make sure children are properly looked after and kept safe. The Children Act states that wherever possible children are best brought up by their families and social care services have a duty to assess and provide services where possible that will keep a child within their family. However, there are some circumstances that mean it is unsafe for children to remain at home.

Teachers, health visitors, doctors and the police are some of the people who are concerned with your well-being. If they think you are not safe at home they will let social care services know. Any other person who thinks you are in danger can also get in touch with the police or social care services. If there are concerns that you cannot be kept safe at home a decision may be made to go to court to ask for an order that will help make sure you are well looked after.

However, social care services will only do this if there is no other way of keeping you safe at home. They will listen to what you think and want before deciding whether to go to court.  If you, your parents and social workers can work together to keep you safe then social care services will not have to ask the court to make an order.

It may be possible for you to live with relatives. You might stay at home, with a social worker visiting regularly. However, if social care services believe that you are suffering harm at home and are likely to be harmed in the future, then they must ask the court for a care or supervision order to be made. If your case goes to court, the court has a duty to decide, with the help of the professionals involved in your welfare, what will be the best way of helping you .The court may make no order or one of several orders available to them. Sometimes if social care services feel that they must do something at once - if you are being badly hurt or abused - they will apply for an Emergency Protection Order.

There are various types of orders that the court can make:

Supervision Order
This places a child under the supervision of a social worker who will 'befriend, assist and advise' you. This order is made if the court decides that a child is suffering or is likely to suffer significant harm due to a lack of reasonable parental care or control, but the court believes that, with support, you can be cared for by your parents. If this order is made your parents still have all legal responsibilities for your care.

Care Order
If a court decides that a child is suffering or is likely to suffer significant harm due to a lack of reasonable parental care or control then they may make you the subject of a care order and direct that the Local Authority Looks After you. When a care order is made the Local Authority shares legal responsibilities for the child's care with their parents.

Education Supervision Order
This places a child of compulsory school age under the supervision of the local authority if the court decides that he or she is not attending school properly.

Emergency Protection Order
This places the child under the protection of a local authority for a maximum of eight days (with a possible extension of up to seven days) if a court decides that it must make such an order to protect you. No one has the right to appeal against the making of this order, but a parent (or the child) can ask the court to discharge the order. However, the hearing cannot take place until 72 hours after the order was made.

This does not apply if the parent received a formal notice at least one day before the hearing and was present in court when the order was made.

Child Assessment Order
If a social worker is concerned about a child but feels there is insufficient evidence to apply for a Care Order or an Emergency Protection Order, he or she can apply for a Child Assessment Order, which may require a child to attend a clinic or other place for a medical, psychiatric or other assessment during a period of up to seven days.

Secure Accommodation Orders
This authorises the local authority to restrict a child's liberty by keeping him or her in secure accommodation. The local authority must inform parents if they intend to apply for a secure Accommodation Order. This does not affect the parent's right to take the child home when the accommodation has been provided under a voluntary arrangement.

Helplines

CAFCASS
(Children and Family Court Advisory and Support Service)
32 Park Street
Wombwell
Barnsley
S73 0HF

Tel: 01226 754646
Fax: 01226 751297

Leaflets

Copies of the Children Act and the Courts Department of Health Publishing are available from Barnsley Connects offices.

Websites

• Children's Social Care District Offices
• CAFCASS
• NSPCC

Owner Officer Contact Details

Sharon Cooke and Peter Williams
Services Managers 
Directorate for Children, Young People and Families
Berneslai Close
Barnsley
S70 2HS
Telephone: 01226 775847/772317