CASE STUDY CASE STUDY

CONTENTS
Page
LIST OF ABBREVIATIONS
/ 3
PART 1
/
PRE-PROCEEDINGS
/ 4
Background: Family Tree / 4
Chronology / 5 - 9
The children’s views the morning after being taken into Police Protection
/ 10
The mother’s views the morning after being taken into Police Protection
/ 10
Pre-proceedings Questions
/ 11
PART 2 / PUBLIC LAW OUTLINE: ISSUE AND FIRST APPOINTMENT / 12
Current Situation and Questions / 12 -13
PART 3 / BROWNE CASE STUDY
PUBLIC LAW OUTLINE: CASE MANAGEMENT CONFERENCE / 14
Current Situation and Questions / 14 -15
PART 4 / PUBLIC LAW OUTLINE: ISSUES RESOLUTION HEARING / 16
Current Situation and Questions / 16-19

LIST OF ABBREVIATIONS

CPChild protection

CPCChild Protection Conference

DVDomestic violence

FC 1 / 2Foster carer 1 or 2

MGMMaternal grandmother

NFANo further action

REFReferral

SENSpecial Educational Needs

SWASocial Work Assistant

SWKRSocial Worker

PART 1 – PRE-PROCEEDINGS
BACKGROUND INFORMATION


According to Diana, Jack Rawlings has had intermittent contact with Desmond and Ruth in the past although she has not seen him for three years. Dominic Jones denies paternity and says he has never been involved with the twins. Diana agrees he has never been involved with the twins but she is clear that he is the father. Wayne Hall has a known record with the police. He has a number of previous convictions for serious violence and there are a series of complaints against him in relation to excessive drinking.

School records show that attendance of the children is extremely poor. Desmond is the worst attendee at 58%, followed by Gary and Rory (64%). Ruth and Leila’s attending is 75% and 77% respectively.

1

CHRONOLOGY
Date / Event / Referral / Result/ Intervention / Services
1994 / Desmond born
1995 / Diana to Children’s Social Care asking for £ for food and nappies / £10 given
1996 / Ruth born
1997 / Diana to Children’s Social Care asking for £ for food and nappies, needs double buggy / Double buggy provided
1998 / Neighbour reports constant crying. Concerned re DV and children being hit / SWKR visits. Diana says JR has now left. Has new friend from nursery group, things going better / SWA visited on three occasions then NFA. Case closed
1999 / Leila born / Leila 3 months early, remains in hospital for 3 months. Mother visits infrequently / Hospital refers matter to health visitor for follow-up / Health visitor follow-up visits
1999 / Diana seen in pub, intoxicated / Neighbour calls police, 3 children found alone in flat including 4 month baby. Flat very messy / S47 enquiries and initial assessment / SWA assigned. Visits on four occasions. Leaving alone incident appears isolated. Helps tidy flat
1999 / Mother attends women’s group. SWA assists to maintain flat / Desmond starts primary school, Ruth to nursery. Case closed.
2000 / Mother to GP, pregnant, no partner, no money wants termination / GP ref to Children’s Social Care. GP advises attend counsellor re termination. / No further action by social services. Mother does not attend counselling
Leila not gaining weight, appears unhappy and crying / Health visitor and nursery contact Children’s Social Care concerned about mother’s attitude to Leila / Diana saying she doesn’t get on with Leila and very worried about how she’ll cope with new babies (twins). Initial assessment begun. / Family support offered
Social worker suggests a meeting of family members / Diana says she sees her sister and her brother’s wife has the children sometimes. Diana’s mother says she’s ‘useless’
Meeting with family at Diana’s flat, sister Flo and sister-in-law Jan / Flo and Jan say they will help get children to school. Neighbour has Leila to stay once a week / SWKR maintains contact with Diana, school, Flo and Jan. Some improvements. Case Closed
2001 / Gary and Rory born. Ruth starts primary school. Leila to nursery
2001 / Injuries to Leila / Nursery reports to Children’s Social Care injuries to Leila / Leila has severe burns on hand. Nursery worried about mother’s relationship with Leila. S47 enquiries and initial assessment. No CP conference / Children identified as Children in Need. Family support offered
2001 / SWKR visits / Flo and Jan are helping and MGM is having Leila to stay on two nights a week. Leila appears happier and more settled / NFA Case closed
2002 / Adults visiting, children crying. Flat filthy / Neighbour referral re babies crying, excessive noise and undesirable adults. A male adult reported to visit regularly, who is a known drug supplier. Police were called and arrests made. Police report flat very dirty, particularly kitchen / SWKR visits. Diana reports some friends had called by, but did not leave when asked. Initial assessment undertaken. Family identified as family in need. / SWA assigned to assist in clearing kitchen. Case closed.
2003 / Children late to school, often hungry. Ruth has bruises / School refer to Children’s Social Care: Desmond, Ruth and Leila all attending but often late and appearing hungry. When Diana brings them, her demeanour less than appropriate, appears drugged. Ruth has bruise on arm and leg saying worried about man in flat who hits her. / S47 enquiries and initial assessment undertaken. CPC. Children on CP register ‘neglect’ / Regular social work visits for 6 months. Core group meetings. Flo and Jan and MGM all helping and rota arranged. Case closed
2004 / Diana appears ‘out of it’ and asleep all day. Worried about new set of friends. Desmond doing the shopping. Desmond and Ruth looking after the younger children / Flo refers to Children’s Social Care, concerned about Diana and the children / Case re-opened. SWKR visits flat. Mother agrees she has been smoking more lately and getting very tired, screaming at the children. Needs some time out to sort herself and the flat. Initial assessment conducted. Family identified as family in need and family support plan put in place. Plan monitored. / Gary and Rory to nursery, Leila to primary school. Desmond to Sec. school. Schools to maintain contact with Children’s Social Care MGM to have the twins 2 days a week. Flo caring for Desmond and Ruth on 2 nights a week; Leila staying with MGM every weekend. Jan helping with the twins
2004 / Health visitor finds children not at school and Diana slouched on sofa. / Health visitor phones social services. / Duty service pass her on to education welfare service. Record a note on case file. Previous social worker has left department.
2004 / Diana regularly taking the children to school late / School referral
2005 / Desmond found in school toilets crying / School referral to Children’s Social Care. Desmond and Ruth bring children to school, often late. / Desmond saying being bullied, appears very tired. Attendance poor, struggling to keep up. Children often have problem with head lice and have dirty and ill fitting clothes. Plan amended / Desmond referred to SEN and school counsellor. Plan for Desmond to spend more time with Flo
Dec-06 / Leila picked up by police for begging outside chip shop 10.30 pm. Police took Leila home and children watching DVDs. No food in house. An untrained puppy not house-trained. Neighbour called Flo and Desmond, Ruth and Leila went to Flo’s and Gary and Rory stayed with Jan / Police referral and GP referral to Children’s Social Care. Diana to GP, black eye and bruising on upper arms. Says caused by falling downstairs. / CPC all children placed on register ‘neglect’. Letter sent – legal action if further incidents / Meeting with family. Core assessment completed in consultation with family. Includes exploration of family members as potential carers. Plan - Flo to support Desmond and Ruth. MGM to support Leila and Jan to support Gary and Rory. Diana to attend women’s group and discussion about whether appropriate to attend drug users group
Mar-07 / Police called to fight at flat. 4 male adults and Diana. One male, Diana’s new boyfriend Wayne, wounded with knife injury. 5 children in bedroom frightened and crying / Police refer to Children’s Social Care all 5 children taken to mat aunts at 11.00 pm / All five children taken into Police Protection / Flo called; she takes all children to her home for the night. Flo cannot care long term. Desmond can stay with her. Leila and Ruth to FC 1 and Gary and Rory to FC2
Strategy discussion / Agreed need legal planning/gateway meeting.
Legal planning / gateway meeting held and legal advice sought / Decision made that care proceedings necessary. Letter before proceedings sent to Diana.
Diana seeks legal advice / Diana and her solicitor attend a meeting with the local authority to discuss how to safeguard the children

1

The children’s views the morning after being taken into Police Protection

Desmond: Trying not to cry, unhappy, ‘I want to see my mum, my mum can look after us, we should all be together. It’s OK for us all to stay at Flo’s for now. The others shouldn’t go to foster care, they will be frightened, I should be with them. I want to see them everyday whatever happens’

Ruth: Very matter of fact and together, ‘I don’t care what you do to me, I’ll go wherever. I just want to get away from those horrible people! The little ones should be together and I want to see them everyday. They should stay with Flo but they should be safe and not allowed to go back to my Mum when she smokes a lot.’

Leila: Crying and unhappy, ‘My mum doesn’t love me, she says I was a mistake. Those men are horrible except Wayne, he’s alright sometimes and lets me sit on his lap when I’m sad. Gary and Rory should be together and I want to be with Desmond. I want to stay with my Nan if I can’t stay here with Flo.’

Gary: Crying and unhappy about his mum. Happy to have had a huge breakfast at Flo’s and that he and Rory are allowed to have his cousin’s play station to play with. ‘I want me and Rory to be with all the others. I want to get to school cos we’ve got football tomorrow and me and Rory might be on the team.’

Rory: Calm and cheerful. ‘It was exciting last night, I thought there’d be a fight with the police. I want to go home to my Mum, she’s fine when there’s just us. Wayne is OK when he takes us out to play football but most of the time he just sleeps all the time. Sometimes he’s mean to me. I want to stay with Desmond at Flo’s.

The mother’s views the morning after being taken into Police Protection

Diana is anxious for the return of all the children and says that, if necessary, she will separate from Wayne. She will not admit any domestic violence.

QUESTIONS:

  1. What is happening for the children and what are some of the key issues?
  1. What would you identify as critical points in the chronology?
  1. What would be your intention and planned actions when devising the plan for the child? (see Vol 1 section 3)
  1. Consider the content of the letter in April 2007 from the local authority setting out their intentions to take legal action: what should be included in this letter?
  1. What is the role of the solicitor for the parent/those with parental responsibility when they receive this letter?
  1. What information should have been given to the children and on what issues should their views have been sought just after they were taken into police protection?
  1. What assessments of family members would you plan in December 2006 and in April 2007 and how would these be funded?

PART 2

PUBLIC LAW OUTLINE

ISSUE AND FIRST APPOINTMENT

Current situation

Since the children were removed from their mother’s care three weeks previously they have remained looked after under section 20 of the Children Act 1989 in the same placements:

Desmond Rawlings (13) – With maternal aunt

Ruth Rawlings (11), Leila Fawcett (8) - In foster care (placed together)

Gary Browne (6) and Rory Browne (6) – In foster care (placed together, but separate from siblings)

Mother is seven months pregnant with Wayne Hall’s child (expected date of delivery – mid July)

Each of the children sees their mother four times per week – in two of these contact sessions all of the children are together. The other two sessions the older three children see their mother together and the twins together. The children look forward to seeing each other and their mother, and become upset at the end of contact. Although they are beginning to settle in their respective placements, all the children want to return home.

Since informing mother of their intention to issue care proceedings, the local authority has:

  • Held a meetingwith the mother, Wayne and the mother’s solicitor
  • Updated and completed their core assessment
  • Completed a viability assessment on the maternal aunt (Flo) whom Desmond is placed with.
  • Information has been sought from their mother about the children’s’ fathers but their whereabouts (and in Leila’s case – identity) remain unknown.

Following their meeting, the local authority and the mother and her solicitor were unable to agree actions to safeguard the children. Care proceedings are issued on 11/5/07. Mother is not contesting the making of Interim Care Orders, but would like the children rehabilitated to her care. The maternal grandmother also wants to care for all children. The maternal aunt wishes to remain caring for Desmond. A Children’s Guardian is appointed.

A First Appointment is scheduled to take place on 15 May 2007

QUESTIONS:

  1. What documents should have accompanied the application to court?
  2. What are some of the key tasks to be undertaken at this stage and who should undertake them?
  3. What directions should be made at this stage?
  4. Is there a dispute as to whether the threshold criteria is met?

PART 3 - BROWNE CASE STUDY

PUBLIC LAW OUTLINE:

CASE MANAGEMENT CONFERENCE

Current situation

A CMC is set down for the 2 July 2007. The children have remained in their placements and are all making progress. Although Desmond wants to return home, he is content with remaining with his aunt Flo for the time being. Flo wants to continue to care for him, and values the support (financial and practical) received from the local authority. A suitability as a potential carer assessment (Regulation 38 assessment) is being undertaken on Flo.

Similarly the girls would like to return home but are settling in their foster home. The foster carers are a mixed race couple who have indicated that they may be able to keep the girls on a long term basis. They are with a private fostering agency. The twins are with short-term foster carers. The children’s relationship with their mother during contact appears positive. An assessment of their grandmother as to her suitability as a carer is being undertaken.

Mother has not as yet provided information as to the whereabouts of Mr Rawlings and the identity of Leila’s father. Mr Jones has been contacted and he is willing to undertake a paternity test.

Mother is due to give birth to her sixth child in a few weeks time. She agrees that there were problems with the physical care of the children, poor school attendance and incidents of poor supervision. However she denies domestic violence and substance misuse. Mother and Mr Hall are presenting as a couple who wish to care for all the children, including the new baby. They feel that they have the capacity to change and provide safe good enough parenting.

The local authority are prepared to assess Mother and Mr Hall in terms of their capacity to change and/or provide safe enough parenting.

The plan is to issue care proceedings following the birth of the new baby. This was recommended at a pre-birth conference regarding the sixth child.

QUESTIONS:

  1. What are the critical issues in the case remaining to be assessed, determined and resolved?
  2. What should be discussed at the advocates’ meeting before the Case Management Conference?
  3. At this stage, what is happening for the children and what may be some key issues in relation to the children’s individual timetables?
  4. What are the safe and positive options for their future care or contact?
  5. What assessments are outstanding?
  6. What are some of the directions that the court should make at the CMC?
  7. What might be some of the areas of agreement/ disagreement between the parties?

PART 4

PUBLIC LAW OUTLINE:

ISSUES RESOLUTION HEARING

Current Situation

An IRH is set down for the 2 September 2007. Lewis was born on the 7 July 2007. The birth was uncomplicated and he is a healthy baby. Neither parent contested the Interim Care Order. He was placed from hospital with foster carers (separate from his siblings) and remains in this placement. Mother and Mr Hall have had regular contact with the baby, Lewis, but his primary attachment is to his foster carer.