Cooperative Agreement Into Care
The court ruled on the grounds that the legally imposed bail conditions (over which the local authority had no control) meant that the infringement of the family`s rights was also legal. Remarkably, at no time had the parents attempted to change the terms of their bail, and this was the main reference for the return of the children. In addition, the parents would not have complained about the police`s behaviour. It was found that the parents were also receiving legal advice and were therefore able to obtain legal advice on the section 20 issue. As far as the latter is concerned, the municipality has not adopted a care procedure, but has tried to work with the parents to resolve the problems. Lawyers for the parents tried to “get the children back as quickly as possible on a collaborative basis, instead of pushing the Council to initiate a care procedure.” The teen may have had a disagreement with his parents and the feeling that he can no longer live in the same house, or the parents locked the teenager up or asked them to leave the house. This can be a worrying time. However, options are available. If you have accepted Section 20 and have not understood what you have promised, you should seek legal advice because your agreement may not be valid. You should receive written confirmation of the agreement expected of you. You may also be asked to sign a “waiting contract” that will determine what is expected of you and the local authority during this period. You should again have time to get legal advice before signing.
Sometimes, when a child is cared for in accordance with Section 20, this has led to an unacceptable drift and a delay in deciding on the child`s long-term future. In the case of H (A Child – Breach of Convention Rights: Damages), it took LA almost a year to commence proceedings while the child was in a Section 20 dwelling, a delay that the court found to be both “unjustified” and “inexcusable”. Moreover, the A.A. did not care enough that the parents understood what was going on. The parents each received $6,000 to violate their human rights. The child is therefore not in the custody of the parents without LA having to go to court and get the judge to issue a custody order. Since the court is not involved in dealing with this issue, it is very important that Section 20 of the agreements are properly used and do not become an opportunity to move the case “through the back door” without proper consideration or in the case of a care order. Children`s services will first take into account the ability of parents of young people to live in as long as there is no risk of harm. If parents are unable to provide adequate housing or are considered a risk to the adolescent, child services will take into account the family and friends of the adolescent at large or consider equipping the youth with caregivers.