LEGAL CASE STUDY I am completing a legal case study and have been asked to explore the legal options available, as well as roles, responsibilities and practice issues for the relevant social workers and agencies.  I have made some starting thoughts about the use of the Children Act 1989 and Youth offending orders but I would also appreciate any views anyone would have on this case study.

1.      Barry is a single parent father of two children Susan (13) and Ryan (11). The family is white British. The children’s mother left Barry six years ago and her whereabouts are unknown. She was last heard of four years ago travelling in South East Asia. The school contacts children’s social work services when Susan refuses to return home one day. She says that her father is ‘always drunk and shouts at them a lot’. You are the duty social worker allocated the case. 

2.      Six months later both children are living at home with Barry. The case has been closed for a month. The case is referred to the Youth Offending Team following Ryan pleading guilty to attempted robbery. He had been given a final warning some months ago, but had not co-operated with the youth offending team.  You are the youth offending team worker allocated the case to produce a report for court.  

3.      Sadly Barry dies suddenly two months later and the children are accommodated under section 20 as there are no family members able to care for them and their mother cannot be found. They were initially placed together in a foster home, but Susan’s placement there broke down and she was placed in a children’s home.  Six months after Barry’s death Susan’s behaviour has deteriorated to the extent that she regularly absconds from the placement for days at a time and there are suspicions that she maybe being sexually exploited and using drugs. You are her social worker from the children looked after team.  

4.      When Susan is 16 and Ryan 14, Debbie, the children’s mother contacts the local authority. She has returned to live in the UK following years living in South East Asia. During most of this time she was addicted to heroin, but says that she now has ‘got her life together’ and wants her children returned to her care.  

Many thanks for any guidance at this point.

Hi

My first thoughts were the ages of the children and have their views been sought? I suppose then I would asking the questions has the mother sought support for any addiction and if so from whom and can they support her claim to be "clean". If they can then surely this would be required to be explored if the children wish this to happen. Maybe the other side of this tragic story is what support therapeutically have the children had? should they need this type of support before they can make a decision about their mother? Regardless their views need to be explored as this will inevitally do your care plan for you. Good luck

I'm happy to be corrected on this but if the children's father has died and their mother is missing then how can they be accommodated S20 which is voluntary care, i.e., with the parent's permission? Under these circumstances wouldn't it be usual for the courts to apply for care orders so that someone has parental responsibility for the children?

Oops! I meant say 'local authority' of course, not 'courts'.

Hi Grinch

You are correct to a certain degree. The child or children can also request voluntary care and if the are "gillick" competent then they do not require the local authority to request a care order. In newcastle there are quite a few children who do not have a care order and who have absent parents, for example unaccompanied minors from outside of the EU.