Coperate or supervision order Flashcards
What are the two ways that a LA can deal with families
1) informal cooperative route, involves offering LA accommodation or encouraging informal arrangements, encouraging to apply for private law orders, services and using police protection.
2) Or can take intervention and coercion route applying to the court for EPOs and COs
Why will most parents operate
Most parents will cooperate in the end as they know the LA can take coercive action if they need to
What is the concern with the coercion route
An abuse of S 20 could result in breach of Art 8 rights: Re N
What must there be in terms on consent to be able to use s 20
There must be genuine consent of the parents to accommodate under S 20, not a compulsion. Helpless acquiescence or consent based on ignorance will not be sufficient:
Helpless acqusience
Re (g) v Nottingham CC: The new-born baby of an 18-year-old care-leaver with a history of alcohol and drug abuse was removed. The LA said the mother had understood that her baby would be accommodated under s 20 and did not object when it was taken from her at 5.00 am, three hours after giving birth. The removal was held to be unlawful and in breach of Art 8 ECHR
S 20 should be used as a short term measure
Re N
Newcastle City Council v WM and Others
The mother has significant learning disability; she has an assessed IQ of 61. … There is a significant question whether she ever had capacity to consent to the accommodation of her children … and whether, in the circumstances, the children were for [one year and ten months] lawfully accommodated.
Consent where unsure if the mother understood English
Northamptonshire County Council v AS and Others:[T]he local authority concluded that DS was at risk of harm in the care of his mother and secured her agreement to him being placed with foster carers. I question how effective that consent was when it was sought without the [Latvian] mother having the benefit of an interpreter.
Should not use s 20 where no chance of success
Coventry City Council v C
What must the LA make clear when making a S 20 order
S 20(8) will enable to remove the children
Should not use as a back door measure
Re W, not entitled to seeks on own behalf S 9(3)
LB Hackney v Williams
A failure by the LA to obtain positive and informed consent of all those with PR or to follow to good practice guidance on S 20 will not in itself constitute a breach of Art 8. however, LA should continue to follow the guidance and obtain positive informed consent where appropriate, especially where vulnerable and know there is no access to legal advice
Damages for breach of Art 8
Medway Council v M and T: A total of £40,000 in damages was awarded to a mother and her seven-year-old daughter for breach of their Art 6 and Art 8 ECHR rights. The child was accommodated under s 20 for more than two years after her mother was detained in hospital under the Mental Health Act.
