Children Act 1989 on Section 47 Investigations - It's the Law!
Dec 17, 2016 — https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/419595/Working_Together_to_Safeguard_Children.pdf
"Response to a referral
Action to be taken: The child and family must be informed of the action to be taken. Local authority children’s social care should see the child as soon as possible if the decision is taken that the referral requires further assessment."
So why did it take them 89 days from referral to contact the family?
"46. The social worker should analyse all the information gathered from the enquiry stage of the assessment, including from a young carer’s, parent carer’s or non-parent carer’s assessment, to decide the nature and level of the child’s needs and the level of risk, if any, they may be facing."
Same question. How can you decide to conduct a S47 without having seen the family? It's illegal because The Children Act 1989 is law!
So they are supposed to see the family before they have a strategy meeting, which never happened. Even following the strategy meeting we were not contacted until over two months after and they continued to breach our Data Protection Act 1998 rights and our Article 8 Human Rights by not having at any time sought consent to data seek or share, yet doing so anyway.
"The initial child protection conference should take place within
15 working days of a strategy discussion, or the strategy discussion at which section 47 enquiries were initiated if more than one has been held"
Well by the time any such conference takes place, it will have been over 5 months...that's a massive difference to 15 days.
So you can see where literally no legal requirements have been followed in our case. As I may have said before, this shows a culture of this behaviour at the LA, it can't only have happened to us.
Quite aside from absolute disability discrimination against us by breaching our equality rights
"46. The social work manager should challenge the social worker’s assumptions as part of this process.”
The SW manager has been complicit in ignoring evidence and information from the family and copying and pasting falsehoods into their report even after receipt of evidence to the contrary. So clearly the following has also been ignored:
"44.A high quality assessment is one in which evidence is built and revised throughout the process. A social worker may arrive at a judgement early in the case but this may need to be revised as the case progresses and further information comes to light. It is a characteristic of skilled practice that social workers revisit their assumptions in the light of new evidence and take action to revise their decisions in the best interests of the individual child.”
As the whole premise of this investigation is alleged emotional harm, that as a parent, I am accused of not supporting our children's social and emotional development, how is it then that I possess lists of provable proactive things I have done to facilitate and support our children's socialising and mental health over a period of time?
“Initial discussions with the child should be conducted in a way that minimises distress to them and maximises the likelihood that they will provide accurate and complete information, avoiding leading or suggestive questions;” and
"41. Every assessment must be informed by the views of the child as well as the family."
Well, the SW distressed our children, asked seriously leading questions and tried to put words into their mouths and they have blatantly ignored the children's wishes and views and information and views as their parents.
So Brighton & Hove City Council have breached multiple laws (The Children Act 1989, The Perjury Act 1911, The Data Protection Act 1998, The Disability Discrimination Act 2005, The Equality Act 2010 and likely others) and apparently think it's absolutely acceptable to do so.
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