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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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my child is subject to a child protection order. Can he be

Resolved Question:

my child is subject to a child protection order. Can he be fostered through a private arrangement without the involvement of our social worker?
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.

If there is an ongoing court case, the approval of the court must be obtained before your child is moved to a new address - which in practice means that the local authority will need to approve the move.

Even if there are no ongoing court proceedings, the local authority social services department will definitely be involved which means that a social worker will be allocated to consider the proposed arrangement - although it may be a different social worker than your current one.

If there is someone who would like to put themselves forward to care for your child, the best thing they can do is get in touch with social services as soon as possible and asked to be assessed as a carer.

As your child is subject to a child protection order, it is clear that the local authority is already worried about your child. If you move your child to live with someone that the local authority has not approved, you risk the local authority becoming even more concerned about your child and about you as the carer.

Schools and doctors are under a duty to notify social services if they beome aware of a private fostering arrangement, so it's better if the person concerned gets the approval of the local authority first.

The regulations about private fostering arrangements state that the person concerned must notify the local authority at least 6 weeks before they want the arrangement to begin. The person concerned would need to undergo CRB checks. The local authority social worker must then assess the person, including visiting their house, and speaking to everyone in their household. The social worker then makes a report back to the local authority (and to the court if there is an ongoing court case).

You can find full details in this leaflet:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/274414/Children_Act_1989_private_fostering.pdf

I think you would benefit from some face-to-face legal advice. Here's where to find a specialist family law solicitor near you:

http://www.resolution.org.uk/findamember/

I hope this helps and I wish you the best of luck.

Thanks and best wishes...
UKfamsol and other Family Law Specialists are ready to help you
Expert:  UKfamsol replied 2 years ago.
Thanks so much for your positive rating and prompt payment - much appreciated!

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