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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33326
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Physical Intervention Policy. A councils policy on physical

Customer Question

Physical Intervention Policy.
A councils policy on physical intervention does not include protection of personal possessions. It can only be used when the minor is at risk of harm.
Does this in-turn make the council liable for any deliberate damage, caused by a minor in care to the placements property please?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
what do you need to know?
Expert:  Jo C. replied 1 year ago.
What is your situation?
Customer: replied 1 year ago.
We are Independent Private Foster Carers governed by a Councils policy on Physical Interventions.
Expert:  Jo C. replied 1 year ago.
So the issue is that the Council will not let you lay hands upon minors who are causing damage to property?
Customer: replied 1 year ago.
deliberate damage correct, unless the minor is at risk of harm...
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** my colleague has asked me to look at this for you
Is this a hypothetical question or has a problem arisen?
Clare
Customer: replied 1 year ago.
Hypothetical Clare.
Expert:  Clare replied 1 year ago.
I assume that this Policy is backed by a Foster Care Contract setting out what they will and will not take responsibility for?Clare
Customer: replied 1 year ago.
Yes.
Expert:  Clare replied 1 year ago.
Then the two have to be taken together when assessing what the Local Authority will take responsibility for - and you will have tomake a decision on whether or not to accept a child bearing this in mind.However there is always the possibility of arguing that it is an Unreasonable Restriction - not likely to be successful - OR that the Local Authority have placed with you a child they knew was likely to cause deliberate damage in a way that could only be prevented using Physical Intervention and were thus negligent in their Duty of Care towardsyou. This MIGHT have more success - but there would be no guarantee.Of course if ALL foster carers in the area worked together and made it clear that the policy was so unreasonable that they would not take on further children then there might be a chance of changePlease ask if you need further detailsClare
Customer: replied 1 year ago.
Thankyou for your reply Clare.
Expert:  Clare replied 1 year ago.
You are most welcome - it is of course wrong that the position is as it is

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