The Role of the Independent Reviewing Officer (IRO)
- Making sure that the child understands how an advocate could help
and his/her entitlement to one.
- Ensuring that the child has been informed of his/her right to apply, with leave, for a section 8 order,
and where the child is in care, to apply for the discharge of the care order and his/her right to make a complaint. The IRO must also
ensure that the child is aware of the availability of advocacy services which he or she has the right to access in relation to any
aspect of his/her case [regulation 45].
What action can be taken if Reasonable Contact is Prevented?
A child who has
recently changed placement may feel vulnerable and powerless. They should be listened to and have their feelings and wishes
given due weight. Their rights should be explained by the IRO who should also explain the role of an independent visitor/advocate
and their entitlement to one.
Write to the LA pointing out that it is their duty to promote contact between the child and significant
others whom the child wishes to see. Don’t be fobbed off with unfounded and vague excuses for delaying or preventing contact. Quote the relevant Acts and associated guidance and the findings of research.
If you are not satisfied with the response then make a formal complaint. Under the provisions of the Statutory Instrument 2006 No. 1738 The Children Act 1989 Representations Procedure (England) Regulations 2006 there is a procedure, which subject to certain conditions the LA are required to follow. The process has 4 stages, the last of which involves the Local Authority Ombudsman. You van view Getting the Best from Compliants guidelines as a PDF file
Legal Challenge
If you are sure that the child wishes to have direct contact then you
can make a legal challenge. There are two parts of the Children Act 1989 which deal with contact.
In the case of a child
removed from it’s parent(s) or voluntarily handed over to the LA by the parents those parents have, subject to certain safeguards
legal right to contact. Section 34 of the act requires a local authority which has parental responsibility to allow reasonable
contact with parents, guardians etc, but seemingly not former foster carers. However ‘any person who has obtained the leave
of the court to make an application’ may also do so.
The purpose of leave is to act as a filter to protect the child and the
family from applications that are not likely to succeed and are nothing more than an interference with the family. In deciding whether
or not to grant leave, the court will consider:
- -the nature of the application for contact;
- -the applicant's connection with the child;
and
- -the risk that the application poses of disrupting the child's life and causing harm.
The closer the connection of the person seeking
leave, the more likely an application will succeed.
The form needed to for ‘leave’ is a C2 which can be downloaded
If the
applicant is successful and granted leave then form C100 would be completed for the contact order application and this can be downloaded.
Booklet
CB1 gives more information on the process of applying
The child’s wishes must of course be sought and taken account of in any
matter relating to contact and any right to contact is not absolute.
Useful information on this process can be obtained from the The Children’s Legal Centre but be careful to differentiate between situations where the LA has parental responsibility and those where it does not.
Community Legal Advice 0845 345 4345 may also be able to put you in touch with a solicitor specialising in family law and some offer a free initial consultation. In any event most solicitors offer a reduced cost initial consutation for around £50 + VAT.
What if the child is to be adopted?
There is now greater recognition of the importance that continued
contact may have when a child is placed for adoption.
Under section 46(6) of The Adoption and Children Act 2002 ( ACA 2002),
before making an adoption order the court, again, has a duty to consider whether there should be arrangements for allowing any person
(including the birth parents/relatives) contact with the child and to obtain the views of the parties the proceedings
