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Legal Requirements For Consultation
Summary
Local authorities in England and Wales must consult with parents before a childs care and support hearing, as per the Children Act 1989. If they fail to do so, remedies include filing a complaint with the local authority, seeking a judicial review, or requesting legal advice. Under the Social Services and Well-being (Wales) Act 2014, the local authority must assess the childs needs, prepare a care and support plan, and involve the child and family in decision-making. Legal aid for judicial review may be means-tested, and eligibility depends on financial circumstances and case merits. Alternative remedies to judicial review include filing a complaint, mediation, seeking assistance from an Ombudsman, or requesting an internal review by the local authority.Full Conversation
What is the remedy if they do not consult?
If the local authority (LA) fails to consult a responsible parent prior to a child's care and support hearing, potential remedies include:
- Filing a complaint with the LA.
- Seeking judicial review to challenge the decision.
- Requesting legal advice to explore further actions.
Would you like more information on how to proceed with any of these remedies?
- Filing a complaint with the LA.
- Seeking judicial review to challenge the decision.
- Requesting legal advice to explore further actions.
Would you like more information on how to proceed with any of these remedies?
What are the specific requirements of a LA in Wales for a Looked After Child under the Safeguarding and Well being (Wales ) Act *?
Under the Social Services and Well-being (Wales) Act *, the local authority (LA) must:
- Assess the child's needs.
- Prepare a care and support plan.
- Ensure the child's well-being is promoted.
- Review the plan regularly.
- Involve the child and family in decision-making.
Is there a particular part of this process you need more details on?
- Assess the child's needs.
- Prepare a care and support plan.
- Ensure the child's well-being is promoted.
- Review the plan regularly.
- Involve the child and family in decision-making.
Is there a particular part of this process you need more details on?
in preparing the care and support plan what specific actions are required to be done by the LA with references to the Act clauses?
In preparing a care and support plan under the Social Services and Well-being (Wales) Act *, the local authority (LA) must:
- Assess the needs of the child (Section *).
- Prepare the care and support plan with the involvement of the child and family (Section *).
- Ensure the plan promotes the child's well-being (Section *).
- Review the plan regularly (Section *).
Is there a specific aspect of the care and support plan preparation you need more details on?
- Assess the needs of the child (Section *).
- Prepare the care and support plan with the involvement of the child and family (Section *).
- Ensure the plan promotes the child's well-being (Section *).
- Review the plan regularly (Section *).
Is there a specific aspect of the care and support plan preparation you need more details on?
if the LA Monitoring officer has called for the meeting on one weeks notice and social services have not consulted a parent, what specific breach of the Act's clauses , and remedies are available?
Hi there! It seems like you have a specific concern regarding the local authority's (LA) duties and potential breaches.
To clarify your query:
*. The LA must consult with parents before a child's care and support meeting, as per the Children Act *.
*. A potential breach includes failing to consult the parent, violating the principles of parental involvement and timely notice.
For remedies:
- **File a complaint** with the LA.
- **Seek judicial review** to challenge the decision.
- **Request legal advice** for further actions.
Would you like more information on how to file a complaint or seek judicial review?
To clarify your query:
*. The LA must consult with parents before a child's care and support meeting, as per the Children Act *.
*. A potential breach includes failing to consult the parent, violating the principles of parental involvement and timely notice.
For remedies:
- **File a complaint** with the LA.
- **Seek judicial review** to challenge the decision.
- **Request legal advice** for further actions.
Would you like more information on how to file a complaint or seek judicial review?
is cost of judicial review means tested in case of LAC ?
Hi! To clarify, are you asking whether the cost of seeking judicial review in the case of a Looked After Child (LAC) is means-tested?
yes
Yes, the cost of seeking a judicial review can be means-tested. Legal aid may be available to cover costs if you meet financial eligibility criteria. This ensures that those who cannot afford legal representation can still access justice.
Would you like more information on how to apply for legal aid?
Would you like more information on how to apply for legal aid?
previous legal costs for the Looked after child (LAC) were assessed as not requiring the parent to pay legal costs, so if the request for judicial review follows from a breach by LA of their legal requirements, does the parent still have to pay?
Hi! If previous legal costs for a Looked After Child (LAC) were covered, the parent might still qualify for legal aid for a judicial review. Legal aid eligibility depends on financial circumstances and the case's merits. Would you like more information on how to check eligibility for legal aid?
what criteria are looked at to determine the case merits in these circumstances?
Hi! To determine the case merits for legal aid in the context of a judicial review concerning a Looked After Child (LAC), the following criteria are generally considered:
- The legal issue's importance.
- Likelihood of success.
- Availability of alternative remedies.
- Public interest in the case.
Would you like more details on any of these criteria?
- The legal issue's importance.
- Likelihood of success.
- Availability of alternative remedies.
- Public interest in the case.
Would you like more details on any of these criteria?
yes, on all of them
Hi there! Here is more information on each of the criteria considered for determining the case merits for legal aid in the context of a judicial review concerning a Looked After Child (LAC):
- **The legal issue's importance**: The significance of the legal question being raised and its impact on the child's well-being and rights.
- **Likelihood of success**: The probability that the judicial review will succeed based on the evidence and legal arguments.
- **Availability of alternative remedies**: Whether there are other ways to resolve the issue without judicial review.
- **Public interest in the case**: The extent to which the case may affect the public or set a precedent for future cases.
Would you like more detailed information on any specific criterion?
- **The legal issue's importance**: The significance of the legal question being raised and its impact on the child's well-being and rights.
- **Likelihood of success**: The probability that the judicial review will succeed based on the evidence and legal arguments.
- **Availability of alternative remedies**: Whether there are other ways to resolve the issue without judicial review.
- **Public interest in the case**: The extent to which the case may affect the public or set a precedent for future cases.
Would you like more detailed information on any specific criterion?
what alternative remedies are available?
Hi! Alternative remedies to judicial review in the context of a Looked After Child (LAC) include:
- **Filing a complaint** with the local authority.
- **Mediation or Alternative Dispute Resolution (ADR)**.
- **Seeking assistance from an Ombudsman**.
- **Requesting an internal review** by the local authority.
Would you like more information on any of these alternatives?
- **Filing a complaint** with the local authority.
- **Mediation or Alternative Dispute Resolution (ADR)**.
- **Seeking assistance from an Ombudsman**.
- **Requesting an internal review** by the local authority.
Would you like more information on any of these alternatives?
more info on requesting internal review
Sure! Here is more information on requesting an internal review by the local authority:
- **Submit a written request**: Clearly state that you are requesting an internal review.
- **Include relevant details**: Provide specific information about the issue, including dates and names.
- **Provide evidence**: Attach any supporting documents.
- **Explain the desired outcome**: Specify what you hope to achieve through the review.
Would you like guidance on how to draft the request?
- **Submit a written request**: Clearly state that you are requesting an internal review.
- **Include relevant details**: Provide specific information about the issue, including dates and names.
- **Provide evidence**: Attach any supporting documents.
- **Explain the desired outcome**: Specify what you hope to achieve through the review.
Would you like guidance on how to draft the request?
yes
Certainly! Here is a guide on how to draft a request for an internal review by the local authority:
*. **Subject Line**:
- Request for Internal Review
*. **Introduction**:
- State your name and your relationship to the child.
*. **Issue Description**:
- Clearly describe the issue, including relevant dates, events, and involved parties.
*. **Evidence**:
- Attach supporting documents (e.g., correspondence, reports).
*. **Desired Outcome**:
- Specify what you hope to achieve from the review (e.g., reconsideration of a decision).
*. **Closing**:
- Provide your contact information for further communication.
Would you like a sample template for this request?
*. **Subject Line**:
- Request for Internal Review
*. **Introduction**:
- State your name and your relationship to the child.
*. **Issue Description**:
- Clearly describe the issue, including relevant dates, events, and involved parties.
*. **Evidence**:
- Attach supporting documents (e.g., correspondence, reports).
*. **Desired Outcome**:
- Specify what you hope to achieve from the review (e.g., reconsideration of a decision).
*. **Closing**:
- Provide your contact information for further communication.
Would you like a sample template for this request?
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