What you need to know if your child is looked after by East Lothian Council
THE CHILDREN ACT 1995
From April 1997, councils have new duties in respect of looking after the welfare of children in their area and protecting them from harm. The rights and responsibilities of parents and carers have also been more clearly defined. Now, where parents are not in a position to take full responsibilities for their children, and the Council has to step in, children will be 'looked after' rather than 'supervised' and be 'accommodated' rather than being 'in care'.
THE BEST FOR YOUR CHILD
The most important issue for someone who is looking after your child, or taking decisions which affect their lives, is their welfare. No one should take any action unless it is best for the child, and the views of the child must always be considered.
WORKING TOGETHER
Your social worker is there to help you and discuss any worries you have, even if they are not directly connected to your child. Working together means we can plan what needs to be done to have your child back with you as soon as possible.
CARING FOR YOUR CHILD
Our main aim is to give your child the best care we possibly can. We shall ask your advice about your child's particular needs to help in this. We shall keep you up to date about how your child is getting on. We shall let you know about any significant changes or events with your child.
CONTACT WITH YOUR CHILD
Unless the Court has ruled otherwise, the Children Act states that one of your responsibilities as a parent is to keep in touch with your child. Children away from their family can often worry a lot about life back home. Young children especially will not remember everything they are told, It is, therefore, very important that you visit, phone or write you your child as regularly as agreed.
If it is difficult for you to visit because of travel costs, please discuss this with your social worker - we can usually help with your fares.
LEGAL REQUIREMENTS
There are a number of laws which the Council has to obey when we are looking after your children, for example:
YOUR CHILD COMES FIRST - your child is the most important person. The Children's Hearing must make your child's needs paramount in reaching any decision.
MOVING HOUSE - if you move house, you must tell us your new address. It is important to your child and to us that we can get in touch with you whenever we need to.
REVIEWS - while we are looking after your child, there will be regular meetings to review how s/he is getting on. We hope you will come to these meetings.
THE FUTURE - many children come into care only for a short time while their parents are trying to sort out their difficulties. Others stay in care for a long time. Whichever happens to your child, it is very important for them and for the social workers that you keep in close touch so that you can work together to try to work out at all times just what is best for your child.
If the Council loses contact with you or, over a period of time, it is felt that you have shown you cannot meet your parental responsibilities, the Council can apply for a Parental Responsibilities order, which will transfer parental responsibilities to the Council. This would take away a lot of your rights and enable us make many decisions about your child without your being involved. It is important to your child and to you that you let us know where you are and co-operate in the plans we agree.
ADOPTION
If it was clear that you could never meet your child's needs for care, the Council could, as an alternative to a Parental Responsibilities order, make an application to the Court to have your child freed for adoption.
If someone has looked after your child for five years or more, they could apply to the Court for permission to adopt your child. You are not allowed to remove the child from his/her home until the Court has decided what is best for your child. Adoption means that the person can bring up your child as their own. If this happens, all plans would be discussed fully with you. If you are in this position, it is a good idea to get advice from a lawyer.
If you want to find out more about anything here, contact:
Haddington - 01620 827199, Musselburgh - 0131 665 3711
or e-mail us at parenting@eastlothian.gov.uk
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