TORQUAY SOCIAL SERVICES POLICY SEC34 CONTACT ORDER

s34 Contact Order

Objective

To ensure that the identity of children is maintained by providing high quality, regular and, where possible, unsupervised contact with people who are significant to the child’s well-being when a child is subject to a care order.

Status of Procedure

• Children Act 1989

Key Points

1. Contact is not only personal contact but also includes letters, telephone calls exchanges of cards, presents, e-mail and text messages, in fact anything which maintains a link between a child and their parents and family network.
2. There can be no restriction of contact with people with parental responsibility if the child is accommodated under s20 of the Children Act 1989.  Thought needs to be given however to the needs of the foster carer and it may not be appropriate to offer contact in their home.  In circumstances where agreement cannot be reached the local authority should either consider not offering to accommodate the child or, if the local authority believes that contact may cause significant harm then there may be grounds for legal proceedings.  In cases where there is irresolvable disagreement between people with parental responsibility over contact they must be advised to seek a s.8 contact order to resolve this difference.
3. In the case of an emergency protection order contact can only be restricted by direction of the court.
4. In care proceedings, or subject to interim or care orders, contact should be covered by use of s.34 contact orders and should have been discussed during the court proceedings.
5. Contact with siblings, parents and people with parental responsibility as well as other people considered to be significant in the child’s life should only be restricted if to not restrict would place the child at risk from significant harm.
6. Contact with siblings, parents and people with parental responsibility as well as other people considered to be significant in the child’s life should only be supervised directly or indirectly if to not do so would significantly impair the child’s health or development.
7. There should be detailed arrangements for contact within the care plan stating the purpose of contact and the key tasks associated with contact.  This plan needs to adapt to meet the needs of the child dependant upon the placement phase and future plans. Nevertheless the presumption against restriction needs to be upheld.
8. The wishes and feelings of the child needs to be taken into account when deciding upon contact arrangements. However the presumption against restriction of contact should be maintained.
9. In circumstances where the local authority decides against an order of the Court, that contact needs to be refused, because of issues regarding the safeguarding or promotion of the child’s welfare, this decision can only last for seven days and legal advice must be sought immediately.
10. In circumstances where the local authority decides to stop contact an application to court will need to be made as otherwise the decision can only last for 7 days.
11. In all circumstances of restriction of contact immediate written notification must be provided to the child (if of suitable age and understanding), parents, anybody with parental responsibility, people who held residence or high court orders immediately before the care order was made and any other relevant people.
12. The local authority has the power to depart from any s.34 order by agreement with the person in relation to whom the order was made and with the child.  In these circumstances the view of any other person with parental responsibility should also be sought and considered.
13. The following people can apply for s.34 orders in respect to a child placed on a care order: the child, the local authority, parents without parental responsibility, anybody with parental responsibility, the child’s testamentary guardian, a person who held a residence order before the care order was made.
14. If contact is to be altered within proceedings then the social worker needs to liaise with the legal department and the children’s guardian.

Standards

• Contact should be planned, meaningful and form an integral part of the care plan.
• Where contact is to be used as part of the assessment process then the parties to contact should be aware of this.
• There should be detailed arrangements for contact within the care plan stating the purpose of contact and the key tasks associated with contact.

Contact order s.34 procedure

Task	Responsible officer	Record required	Timescale
These procedures apply in circumstances where following an incident, a full assessment, or a statutory review, the view is that the present contact arrangements should stop or the authority wishes to reduce the arrangements stipulated in an existing s34 contact order.	Social worker	Case record on child’s file	In supervision
Discuss the change with service manager.	Social worker	Case record on child’s file	Within seven days
If consideration is being given to terminate contact (or reduce it if an order has been made) and service manager agrees, hold an internal legal discussion meeting.	Social worker	Case record on child’s file	Within seven days
Hold internal legal discussion meeting (see separate procedure).	Social worker	Case record on child’s file	When appropriate
If contact is to be ended (or reduced from an existing order) then a service manager must agree and a discussion with legal services must ensue.	Social worker	Case record on child’s file	Within seven days
Apply to court.	Legal	Case record on child’s file	Within 14 days
Prepare a court statement and a revised care plan for court.	Social worker	Report on child’s file	Ready for the court hearing
In circumstances where the case is in care proceedings canvass the views of the children’s Guardian if the case is still in care proceedings. Discuss with legal services and take advice regarding whether the grounds exist.	Social worker	Case record on child’s file	Within seven days
Ensure that legal services and team manager are aware of the guardian’s view.	Social worker	Case record on child’s file	Within seven days
Apply to court	Legal	Form on file	Within seven days
In a situation where it is imperative to immediately alter the contact arrangements and the child is on a care or interim order then contact can be suspended for no more than seven days. The following procedures will apply.	Social worker team manager	Case record on child’s file	Immediately
Discuss with legal services and take advice regarding whether the grounds exist. If contact is to be terminated contact service manager for approval.	Social worker	Case record on child’s file	Immediately
Apply to court	Legal	Form on file	Within seven days
Prepare a court statement and a revised care plan for court.	Social worker	Report on child’s file