Local authority social work evidence template (Final statement)

In the Family Court sitting at Coventry

In the matter of The Children Act 1989

& The Adoption & Children Act 2002

Everything shown in red italics is a guidance note. It should be removed before sending this statement to legal Delete any unused rows and boxes (or add if needed)

The Children

Name Gender Date of Birth With whom is the child living?If living with a parent or connected

person then give the name and

relationship to the child (e.g.

Lucrezia Borgia – Maternal

Grandmother).

If living with a foster carer then just

put “Local Authority Foster Carer”.

Do not put name of carer.

Local Authority and Social Worker Details

Case Number: This will be on the court orders.

Filed by: Coventry City Council (Applicant)

Statement Number eg 1st, 2nd, 3rd This is the number of statements that YOU have

done. It is not the number of statements done by Social Care.

Name of Social

Worker:

Your name.

Qualifications of Social

Worker:

Your qualifications

Experience of Social

Worker:

Primarily your experience as a Social Worker. However, should

include previous employment if relevant to this case (e.g. working

This document is confidential and contains sensitive information. It should not be disclosed without permission of the court. Data protection standards must always be complied with

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as CPN, teacher, probation officer etc)

Office Address of

Social Worker:

Your office address

HCPC Registration

Number:

Your HCPC Registration Number

Date signed Complete when signing. It looks dreadful if the date on this page

and on the final page are not the same.

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1. Case details

1.1 Family composition

Include family members and relationships.

Please set out the family members' full names, their dates of birth and their current addresses.

Where an address must be kept confidential put “Confidential”.

Name Relationship to Child DOB AddressPlease specify which

child the relationship is

with (e.g. “Father of

Hercules”; “Paternal

Aunt to Hippolyta”)

The Mother has Parental Responsibility for all the children.

The other person with Parental Responsibility for name of child is names of persons with

parental responsibility.

2. Update to the Chronology

This should be limited to the events occurring since the last Social Worker Statement.

2.1 ChronologyThis deals with things that have already happened.

Date Incidents or sequence of incidents relevant to the child’s welfare

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2.2 The Children’s TimetableImportant word here is “pending”. This section sets out future events that will be important to

the child and/or the case. The original SWET refers to the child starting a new school. But can

also include events like operations, sentencing date for a parent, due date for birth of a new

sibling etc. Do not strain for pending events. If nothing of importance due within timescale of

case then just put that there are no significant pending events that the local authority is aware

of.

Date Significant pending events relevant for the children (e.g. starting a new school)

3. Welfare Checklist from Children Act 1989

In completing the checklist below I have borne in mind that the welfare of each of the children

shall be the court’s paramount consideration.

Even if the plan is adoption you still have to complete the 1989 checklist as well as the 2002

checklist. The best way to complete the checklist is to remember the basic advice given

regarding answering exam questions – answer the question that is being asked. Do not

regurgitate random things that you know about the subject.

For the sections regarding the children please use a separate subheading for each child to

keep things clear. For example: -

Hercules

Hercules is …………………….

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Hippolyta

Hippolyta is …………….……………………..

3.1 the ascertainable wishes and feelings of each of the children concerned (considered in the light of his age and understanding);

In each sub-section you should put the wishes and feelings of that particular child.

If the child is under a year old this section should simply say “[name] is too young to

express her wishes and feelings.” Nothing else.

This section should not contain filler such as “It is reasonable to assume that [name]

would wish to live in a safe, secure and nurturing environment in which his basic

care and emotional needs are consistently met and whereby is not exposed to

conflict or ongoing harm”. To the court this is just unhelpful waffle. To the advocate

for the parent it is an invitation to ask you to consider the possibility that at different

stages of his life the child may have different views and that in some of those stages

the child might say that wanting to live with birth parents (even if birth parents were

not capable of providing good enough care).

To a large extent this is a factual section. It should set out what was said or

observed and when it was said or observed and by whom it was heard or observed.

For instance: -

“On 12 December 2016 the child told me that she did not wish to live with her

mother, Medea, as her mother planned to kill her. On 31 December 2016 the female

foster carer told me that the child often said that her mother wished to kill her and

that she did not wish to live with her mother.”

Where you rely on your Social Work training and experience is in dealing with the

phrase “considered in the light of his age and understanding”. Where a 5 year old

has repeatedly said that she wants to live with her mother you might for instance

comment that this is what you would expect of a child of that age.

Name of First Child

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Name of Second Child

 

3.2 The physical, emotional and educational needs of each of the children;

This is a completely factual section. By the time of writing this statement you should

know precisely what the physical, emotional and educational needs of each child are

and should set these out under each subsection.

This section does NOT set out how the needs are to be met.

Name of First Child

Name of Second Child

 

3.3 the likely effect on each of the children of any change in his/her

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circumstances;

Legal Services often sees here just the likely effects of the change in circumstances

that the Local Authority is recommending. This is wrong.

The changes in circumstances that could take place links with section 4 below. It

needs to be the changes that the court could realistically order. Thus if the Local

Authority is recommending a move of child from parent to foster care a Care Order

can be made and the effects of that change have to be considered. If the Local

Authority is recommending adoption then the effects of the move from foster care to

adoptive parents also need to be considered. If Child is in foster care then effects of

move from foster care to parents need to be considered.

You should set out the positive effects as well as negative effects.

You should not set out theoretical effects of a move to an as yet unidentified and

unassessed connected person.

If the siblings may have to be separated as the result of a particular move you

should make sure you set out the effects of potential separation from siblings on that

particular child.

Name of First Child

Name of Second Child

 

3.4 His/her age, sex, background and any characteristics of him/her which the

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court considers relevant;

In each sub-section the age, sex and background is entirely factual. For instance

“Hercules is a 6 year old boy of White British origin from an English speaking

background. Neither of his parents follow a religious path.”

Name of First Child

Name of Second Child

 

3.5 Any harm which he/she has suffered or is at risk of suffering;

Threshold criteria should have been established by the time you write this statement

and in any event deals with SIGNIFICANT harm (speak to your case holder in legal

services).

This section deals with “harm” which is much wider than “significant harm”.

This section is primarily factual. For instance “The child has not attended school for

3 weeks” and “The new partner of Mother is a convicted paedophile. Mother was

told of his convictions on [list dates]. She says he was wrongly convicted and

refuses to separate from him.”

For many facts the “harm” will be obvious and need not be spelt out. In the 2

examples set out above the harm suffered by missing school is obvious and the

likely harm that will be suffered as a result of a paedophile living in the home is also

obvious.

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For some facts you will need to set out why it has either caused harm or is likely to

cause harm. For instance “On 02 March 2017 the Health Visitor told the Mother that

she should not prop feed the baby. The Health Visitor told her why. On 06 March

2017 the Mother prop fed the baby.” You will then need to explain why prop feeding

is a risk of harm.

As this is the final statement this section will deal a lot with future harm - the harm

that the child “… is at risk of suffering”. For example if the child is still in care of

parent then will need to set out the continued harm that is at risk of suffering. If the

child is in foster care then will need to set out the fresh harm that will be at risk of

suffering if return to care of parent. Unavoidably in a final statement this section will

have to repeat points that will also be made in section 3.3 (likely effect on him of any

change in his circumstances) and section 3.6 (how capable each of his parents, and

any other person in relation to whom the court considers the question to be relevant,

is of meeting his needs).

 

3.6 How capable each of his/her parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;

Mother

Give a brief pen picture of the Mother (eg “Medea is 25 years old of White

British origin from an English speaking background. She says she is a Muslim

but she is not observant (she cannot say which branch of Islam she follows

and cannot remember when she last attended a mosque). She has a Low

Average IQ but does not have a learning disability (Cognitive functioning

assessment dated 31 December 2016). She has never held a job and is

dependent on welfare benefits. Hercules is her third child. Her first 2 children

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were removed by Care Orders. She lives with the father but says that she is

not in a relationship.”)

Please state what assessments have been done and their outcome. This will

not just be the assessments done within the proceedings. It includes any

assessments done in previous proceedings, any Judgements given in

previous proceedings and any assessments done in pre-proceedings.

Then set out her parenting capacity as a SOLE parent and whether, or not,

she can meet the needs of all of the children (it is this section that considers

how the needs of each of the children can be met). If she cannot meet the

needs of all of the children could she meet the needs of just one child and if

so which one? Could she meet the needs of two of the children and if so

which two?

Then consider whether she could manage as a sole parent with support from

Local Authority and other professionals (the case law requires the local

authority to consider this). ). It is perfectly okay to say that the level of support

needed would be such as to amount to full-time alternative carers and thus

not feasible.

If another person (father, grandmother, sister etc) is being proposed as a joint

carer set out whether that person and mother together will be better or worse

than mother as a sole carer.

Finally have to consider whether the mother and other joint carer could

manage as joint carers with support from Local Authority and other

professionals (the case law requires the local authority to consider this). Once

again it is perfectly okay to say that the level of support needed would be

such as to amount to full-time alternative carers and thus not feasible.

Father of [insert names of which children he is father of]

If Father is putting himself forward as a sole or joint carer then have to consider as

for Mother above. This includes whether he could manage with “support”.

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If Father is not putting himself forward as a carer then still have to consider his

capability to meet the needs of the child during contact (supervised or unsupervised;

duration etc).

Father of [insert names of which children he is father of]

If Father is putting himself forward as a sole or joint carer then have to consider as

for Mother above. This includes whether he could manage with “support”.

If Father is not putting himself forward as a carer then still have to consider his

capability to meet the needs of the child during contact (supervised or unsupervised;

duration etc).

Connected Person

With any luck you should be able to complete most of this section by cutting and

pasting contents of section 13 of most recent case management order. In any event

who has been nominated, who has been ruled out and who has been recommended

as a suitable alternative carer.

If a full assessment has been done it should have considered whether, or not, the

Connected Person could manage with support. Sadly they often do not so you must

also consider whether, or not, the Connected Person could manage “with support”

and if so what that support would need to be. It is perfectly okay to say that the level

of support needed would be such as to amount to full-time alternative carers and

thus not feasible.

3.7 The range of powers available to the court under this Act in the proceedings in question;

The orders that the court can make for each of the children are as follows:

No Order

A Family Assistance Order

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A Child Arrangements Order for who the child should live with

A Special Guardianship Order (can only be made if there has been a full SGO

assessment of a connected person – whether negative or positive. If there

has not been a full SGO assessment then this option should be deleted).

A Supervision Order

A Care Order

An order regarding Contact (under s8 or s34 dependent on what orders are

made regarding who the child should live with).

If adoption is the plan and you are seeking a Placement Order then you will have to

complete the 2002 checklist. Making a Placement Order is not a power available

under the Children Act 1989.

4. Welfare Checklist from Adoption and Children Act 2002You only have to complete this checklist for those children for whom the plan is adoption. The

best way to complete the checklist is to remember the basic advice given regarded exam

questions – answer the question that is being asked. If the plan is not adoption for any of the

children then this section should be deleted and the following sections renumbered

accordingly.

In completing the checklist below I have borne in mind that the paramount consideration of the

court or adoption agency must be the welfare of each of the children throughout his/her life.

4.1 the ascertainable wishes and feelings of each of the children regarding the decision (considered in the light of the age and understanding of each child);

This is not exactly as the same as the corresponding section of the 1989 checklist

and so your answer should not be exactly the same. The difference is that you are

considering the wishes and feelings of the child regarding the decision.

In each sub-section you should put the wishes and feelings of that particular child.

If the child is under a year old this section should simply say “[name] is too young to

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express her wishes and feelings.” Nothing else.

Sub-sections should not contain filler such as “It is reasonable to assume that

[name] would wish to live in a safe, secure and nurturing environment in which his

basic care and emotional needs are consistently met and whereby is not exposed to

conflict or ongoing harm”. To the court this is just unhelpful waffle. To the advocate

for the parent it is an invitation to ask you to consider the possibility that at different

stages of his life the child may have different views and that in some of those stages

the child might say that wanting to live with birth parents (even if birth parents were

not capable of providing good enough care).

To a large extent this is a factual section. It should set out what was said or

observed and when it was said or observed and by whom it was heard or observed.

For instance: -

“On 12 December 2016 the child told me that she did not wish to live with her

mother, Medea, as her mother planned to kill her. On 31 December 2016 the female

foster carer told me that the child often said that her mother wished to kill her and

that she did not wish to live with her mother.”

Where you rely on your Social Work training and experience is in dealing with the

phrase “considered in the light of his age and understanding”. Where a 5 year old

has repeatedly said that she wants to live with her mother you might for instance

comment that this is what you would expect of a child of that age.

Name of First Child

Name of Second Child

 

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4.2 The particular needs of each child;

This is not exactly as the same as the corresponding section of the 1989 checklist

and so your answer should not be exactly the same. The difference is that the 1989

checklist refers to “physical, emotional and educational needs” whilst the 2002

checklist refers to “particular needs” and has to be answered in the context of “…the

child’s welfare throughout his life”.

In each sub-section you should put the particular needs of that child.

This is a completely factual section. By the time of writing this statement you should

know precisely what the particular needs of each child are.

This section does NOT set out how the needs are to be met.

Name of First Child

Name of Second Child

 

4.3 the likely effect on each child (throughout his/her life) of having ceased to be a member of the original family and become an adopted person;

In each sub-section you should consider the likely effect on that particular child.

The positive effects as well as the negative effects. Do not forget that in the context

of recommending adoption ceasing to be a member of the original family is a

positive effect. Loss of contact with the original family is really only a theoretical

negative. Do not forget to address the issue of potentially losing contact with

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siblings.

Name of First Child

Name of Second Child

 

4.4 The age, sex and background of each of the children and any of the characteristics of each of the children which the court or agency considers relevant;

In each sub-section the age, sex and background is entirely factual. For instance

“Hercules is a 6 year old boy of White British origin from an English speaking

background. Neither of his parents follow a religious path.”

Broadly this should be the same as the 1989 checklist. It is possible that there could

be a characteristic of a child that would be relevant to this checklist but not the 1989

but Legal Services cannot think of any.

Name of First Child

Name of Second Child

 

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4.5 Any harm (within the meaning of the Children Act 1989) which the child has suffered or is at risk of suffering;

In each sub-section you should put the harm suffered, or at risk of suffering, by that

particular child.

Section 31(9) Children Act 1989 says that “harm” means ill-treatment or the

impairment of health or development including, for example, impairment suffered

from seeing or hearing the ill-treatment of another;” and goes on to say that -

“development” means physical, intellectual, emotional, social or behavioural

development;

“health” means physical or mental health; and

“ill-treatment” includes sexual abuse and forms of ill-treatment which are not

physical”

Threshold criteria should have been established by the time you write this statement

and in any event deals with SIGNIFICANT harm (speak to your case holder in legal

services).

Obviously you will be saying that the child is at risk of suffering harm if the child is

returned to the care of the original family. Please be cautious though about claiming

that the child will suffer harm if the Placement Order is not made. After ruling out the

original family as carers the court has to decide between long-term foster care and

adoption. We must not argue that long-term foster care is a risk of suffering harm.

Name of First Child

Name of Second Child

 

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4.6 The relationship which each of the children has with relatives, and with any other person in relation to whom the court or agency considers the relationship to be relevant, including –

i) The likelihood of any such relationship continuing and the value to each child of its doing so,

ii) The ability and willingness of any of the relatives of each of the children, or of any such person, to provide the child with a secure environment in which the child can develop, and otherwise to meet the child’s needs,

iii) The wishes and feelings of any of the child’s relatives, or of any such person, regarding the child.

Mother

The ability and willingness of the Mother to provide the child with a secure

environment in which the child can develop and otherwise to meet the needs of the

child has been dealt with in section (f) of the Children Act 1989 welfare checklist

above.

Then need to state the wishes and feelings of Mother. This should be factual and

changes in position need to be set out. For instance “On 31 December 2016 the

Mother told me that she would rather her child was dead than adopted. On 01

January 2017 she told me that if the child could not return to her she would want the

child in long-term foster care so that she can continue contact and work in the long-

term towards his return to her care”.

Then need to say what the relationship of the child with the Mother is. Stress that

what is asked for is the relationship that the child has with the Mother. Relationships

are not automatically reciprocal. Just because the Mother says that she loves the

child at each supervised contact does not mean that the child loves or is attached to

the Mother. Do not romanticise.

After you have said what the relationship of the child to the Mother is you must then

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go on to consider: -

The likelihood of the relationship continuing (if the mother has not attended

contact with those of her children previously removed then the likelihood of

the relationship continuing is very small. If Mother has not attended contact

with the child for 2 months then the likelihood of the relationship continuing is

non-existent); and then

The value to the child of continuing the relationship (always bear in mind that

continuing the relationship may not be positive)

Father of ……………

The ability and willingness of the Father to provide the child with a secure

environment in which the child can develop and otherwise to meet the needs of the

child has been dealt with in section (f) of the Children Act 1989 welfare checklist

above.

Then proceed as with Mother.

Father of ……………

The ability and willingness of the Father to provide the child with a secure

environment in which the child can develop and otherwise to meet the needs of the

child has been dealt with in section (f) of the Children Act 1989 welfare checklist

above.

Then proceed as with Mother.

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Connected Person

The ability and willingness of the Connected Persons to provide the child with a

secure environment in which the child can develop and otherwise to meet the needs

of the child has been dealt with in section (f) of the Children Act 1989 welfare

checklist above.

Then for each connected person proceed as with Mother.

Siblings and Half-Siblings

This is too often omitted but it is vital. The court is probably more concerned about

loss of relationship between siblings than with any other category of relative. The

category will include older siblings who have already been adopted (this can be a

strong positive as adoptive parents are more likely to allow direct contact with

another adopted child)

Need to state the wishes and feelings of the sibling (or the carer if sibling is too

young). This should be factual.

Then need to say what the relationship of the child with the sibling is. Stress that

what is asked for is the relationship that the child has with the sibling. Relationships

are not automatically reciprocal.

After you have said what the relationship of the child to the sibling is you must then

go on to consider: -

The likelihood of the relationship continuing; and then

The value to the child of continuing the relationship (always bear in mind that

continuing the relationship may not be positive)

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5. The final S31A care plan for each child – the reasons for the option recommended by the Local Authority and the analysis of the other options available to the court

The case law says that we only need to consider the “realistic options”. The problem is what

does a realistic option mean? There are rare “beauty contest” cases where 2 sets of

connected persons could provide good enough care for the children. In those cases the Local

Authority can name 2 plans as realistic options and recommend one as a preferred option. In

most cases though there will only be one realistic option as far as the local authority is

concerned. But an alternative interpretation of “realistic option” would be the orders that the

court could make in the case. In a case where no connected persons have been nominated

the court cannot make an order placing the child with a connected person. Therefore it is not a

realistic option and does not need to be considered. However, the court can always: -

Decline to make an order (leaving children with mother who has parental responsibility)

Make a Care Order but refuse to make a Placement Order (leaving children in long-

term foster care)

The Local Authority can say that the negative parenting assessment, psychological

assessment and negative ISW assessment of Mother makes her an unrealistic option.

However, the court can still leave the child with her. Is it a realistic option if the court can order

it? Likely that it is. Therefore have decided that best to list the options that the court can make.

But start with the LA recommended option and work downwards. Each option should be set

out as what would happen to the child (e.g. “Child moves to foster care”, “Child remains with

parent”) rather than the order needed to make the option happen (e.g. Interim Care Order, No

Order). In the example below there are 3 options but please feel free to add or delete options.

The legal representatives for parents (and sometimes for the Guardian) will often claim that

parents and/or connected persons could manage “with support”. They rarely define what level

of support would be required. Our view will often be that the level of support that would be

necessary for a person to cope (nanny, housekeeper, chauffeur etc) will be such as to amount

to full-time alternative carers in the home of the parents or connected person. The question of

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whether, or not, parent or connected person could manage with support (and how much

support that would need to be) should always be dealt with fully in section 3.6 above where

you assess the parenting capacity. In the tables below there should just be a brief entry about

support to emphasise that you have considered it (for example – “Mother could manage

provided she was living with grandmother and getting support from her” or “There is no level of

support that would be sufficient for the child to live safely with maternal grandmother”.

Option Recommended by the Local Authority for name of first child: [please describe option]Factors in favour Factors against

Second option available to the Court for name of first child: [please describe option]Factors in favour Factors against

Third option available to the Court for name of first child: [please describe option]Factors in favour Factors against

Option Recommended by the Local Authority for name of second child: [please describe option]Factors in favour Factors against

Second option available to the Court for name of second child: [please describe option]Factors in favour Factors against

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Third option available to the Court for name of second child: [please describe option]Factors in favour Factors against

6. Contact

Please see the final care plans.

7. Signature

Print full name

Role/position held

The facts in this application are true to the best of my knowledge and belief and the opinions set out are my own.

Signed

Date

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