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Tick Tock – The Time is Now for Family Members


“There is no time like the present” is an old saying but it could not be more appropriate for family and friends carers and the support groups that work with them.

Frequently when local authorities issue care proceedings, there has been reluctance by family members to put themselves forward as carers in the early stages of the case.

This can be for a variety of reasons. Often it is due to grandparents, aunts and uncles and friends not being aware of the seriousness of the situation. They don’t want to undermine the parents’ chances of resuming the care of the child. The impact has been that family members have come forward at the later  stages of a case when they realise that the child may be heading for adoption or long term fostering. This has led to final decisions in where a child should live being delayed.

However, from October 2013 the government’s Public Law Outline pilot scheme was implemented nationally. Cases will be expected to be completed within a strict 26 week time period.

The implications for family members is that by the 12th day after an application by a local authority for either a care or supervision order has been made,  parents must have nominated alternative family and friend carers so the case can be fully timetabled.  If family members are not nominated by this date then there is a real likelihood that they will not be considered, unless in the most exceptional of cases.

Grandparents and other family members must act quickly to make sure they are going to be considered as carers. Family members can no longer take a back seat and see how the parents do prior to coming forward as in doing so may mean they are not assessed and their grandchild, niece/nephew is placed outside the family.

Commenting, James Cook, Partner with Ridley & Hall solicitors said “They urgently need expert legal advice. Family and friends carers play a significant role in the care of children. The Public Law Outline timetable is tough. And with courts making clear that every avenue of care must be explored before they will support a plan for adoption, it’s vital that kinship carers and those who work with them act quickly.”

For more information on the Public Law Outline, please phone 01484 538421 and ask to speak to a member of the Care department.

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