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Our Services: Community Care provision for children – How We Can Help

Parents/Carers

Taking proper legal advice from the start could ensure your success

Caring for a child with disabilities or other difficulties is a full-time job, and one which you may be able to get help with from your local council.

If the child you care for is deemed to be a 'child in need' under the Children Act 1989 then your local authority has a duty to provide community care services which will ensure the best upbringing and brightest future for the young person in your care.

Getting the help you need

The first step towards getting help as a parent or carer of a 'child in need' is to contact your local authority (LA) and ask them to carry out a community care assessment – The Local Authority has 7 working days from receiving the request to carry out an initial assessment. in order to see whether anything needs to be put in place straight away to help you and your child while a full assessment is carried out

Community Care Assessments

• The initial community care assessment will weigh up the individual needs of the child – in relation to disability, health or educational development and contain suggestions for community care measures such as respite care or home help.
• The Local Authority should then conduct a 'full core assessment' within 35 working days if it’s required. If they consider that you should receive support from them after carrying out the assessment, they will also draft a care plan. As a parent or carer of a 'child in need' of community care, you will have the chance to comment on the full community care assessment before a full community care plan is drawn up.
• You should also ask for a carer’s assessment which will give you the opportunity to explain the challenges you face as a carer and the areas in which you feel you need community care assistance –from home help to temporary accommodation to respite care.

Legal advice during these crucial stages could improve the outcome!

During these crucial assessment stages parents and carers of children requiring community care would benefit greatly from our expert legal assistance to ensure that the process is handled properly and the very best outcomes are achieved for the vulnerable children at the heart of it all.

Parents/Carers - What if you can’t cope?

We understand that looking after a child with complex needs is stressful and there are times when you feel that you simply can’t go on, especially when other family or life demands get in the way.

Don’t despair. Under these circumstances, and especially when there are no relatives or friends on hand to help out, your Local Authority must provide community care accommodation for any child in need.

This is called placing the child in 'voluntary care' and the child benefitting from this community care will be referred to as a 'looked after child'. This is not the same as "taking a child into care" which is nearly always used by journalists and others to mean cases where the local authority have taken action against you because of their concerns for your child.

It is always in your own and the child’s best interests to seek solid community care legal advice about the implications of your child becoming 'looked after', however temporary the arrangement.

Caring for a child of a relative or friend?

This can be a tricky area and we do recommend that you take legal advice if you are a carer for a child of a family member or friend.

If the local authority has asked you to take on your role as carer you should definitely seek legal advice. In these circumstances the Local Authority is in effect placing the child with you as a carer and so has legal duties to meet, not least providing maintenance for the child.

If you haven’t made a solid and legally-binding agreement, the Local Authority may well argue that you have entered into a 'private fostering agreement' which means it may well refuse to provide community care support and/or maintenance for the child.

Community Care Expertise

We are highly experienced in providing advice and support on all aspects of community care for children in need and community care assessments for parents and carers.

As highly experienced lawyers, we are leaders in the community care legal advice field with a thorough knowledge and understanding of the complexities of this area of law.

We have a track record of success in fighting for the community care services our clients need and deserve.

Please contact our team of experts on 0845 0941685.

To find out more about our community care services, please contact us.