The local authority may place a young person with a caregiver as part of his or her family. They may live next to their own children from the caregiver or other children considered “in care.” In some situations, parents could be better off if there was an application for custody – this will ensure that the case is now subject to a strict judicial schedule and that a judge will be responsible for decision-making. Participation in child care procedures also means that parents can receive free legal assistance and representation. The 26-week period for the maintenance procedure does not begin until after the decision of the procedure and, therefore, the time spent in section 20 of the voluntary accommodation procedure is not taken into account. It simply extends the period during which children are housed and away from their parents. Once a case is pending, parents have the advantage of challenging local authorities` decisions because they know they are subject to judicial review. In conclusion, I would like to add that in my assessment of the undisputed facts in this case, there are genuine doubts as to whether, after being removed from the PGF, [LA] had the proper consent of the parents to house P. The first statement of the [LA] acknowledges that the parents did not want P to be placed in care after he was transferred to the PGF. The author of the statement comments that, despite this knowledge, the parents, once they were transferred to nurses, did nothing to bring him in – as if the responsibility was somehow theirs.
These parents go everywhere with a lawyer. These are vulnerable young people. It is the responsibility of the local authority to ensure that it gives adequate consent. If they do not abandon their child, they do not give their consent by omission. I would like to add that they never abandoned it. 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. “There is no need to inform in writing or in any other way” before a parent exercises the right to remove a child from the dwelling in accordance with Section 20. However, parental rights are “subject to the right of each person to take the necessary steps to protect one person, including a child, from physical harm caused by another: for example, when a parent showed up drunk and demanded to drive the child home.”