Will I be able to see my child if they are in Local Authority Foster Care?

When a Court removes a child from their parents’ care and places a child into Local Authority Foster Care, very often parents are worried about how they will see and spend time with their child. At Johnson Astills, we can assist you with getting contact with a child in care.

What is the Local Authority’s duty?

Under s.34 of the Children Act 1989, where a child is in the care of a Local Authority the Local Authority has a duty to allow the child reasonable contact with:

1. their parents
2. any guardian or special guardian
3. anyone with parental responsibility
4. anyone who the child has lived with before they were moved into Foster Care

Reasonable contact is determined on a case-by-case basis. It is important to note that this duty also applies without a Court Order.

What factors do the Court consider?

Courts consider a child’s welfare as paramount and are assisted by the welfare checklist within s.1(3) of the Children Act 1989 which include:

1. ascertainable wishes and feelings of the child (in light with their age and understanding).
2. physical, emotional, and educational needs.
3. likely effect on him of any change in his circumstances.
4. his age, sex, background and any characteristics of his which the Court consider relevant.
5. any harm the child suffered or is at risk of suffering.
6. how capable of his parents, and any other person in relation to whom the Court considers the question to be relevant, can meet the child’s needs.
7. and the range of powers available to the Court under the Children Act 1989.

Can the Local Authority limit my contact?

The Local Authority does have power to refuse reasonable contact if it is necessary to safeguard the child. One example includes where a family member may influence a child during police investigations into serious allegations of harm. Contact can be suspended whilst the police investigation takes place or during Court Proceedings.

The Local Authority can refuse contact with a child and their family members without a Court Order for up to seven days. After this time the Local Authority must make an application to the Court for permission to refuse contact under Section 34(4). The Court will not make a decision to refuse contact between a parent and their child lightly and in the event that the parent or family member does not agree the Court will hear evidence from the Local Authority and family members before making a decision.

At Johnson Astills we understand that contact with a child is very important for all parties involved.

What types of contact could I have?

There are many types of different contact and which one you and your child have, or the duration and frequency of contact, is dependent on your case as well as the Local Authority’s concerns. If the Local Authority are concerned a child will be exposed to a significant risk of harm, then you may have supervised contact which can be supervised by Social Workers, contact workers, independent contact supervisors or family members. Experts involved in undertaking assessments during the Court process may also attend contact sessions.

Contact sessions could take place in the family home, in the community, virtually, or in a contact centre. You may also have indirect contact  which can take place by:

• sending letters or cards,
• phone calls,
• sending age-appropriate gifts,
• making pre-recorded videos to be shared with a child, this can include you reading a story or singing nursery rhymes or songs. 

How can we help?

If you are subject to a Child Protection Plan, Pre-Proceedings, or Care Proceedings and would like to discuss contact with a child further then please get in touch with Johnson Astills today and we would be more than happy to discuss your requirements further. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or complete our enquiry form.