20/05/2007
To love him to death
TO LOVE HIM TO DEATH -OBESITY AND THE CARE SYSTEM
Jane O’Callaghan, solicitor specialising in care law at Watkins & Gunn, explains how the care system works.
Weighing a massive 14 stone, 8 year old Connor McCreaddie was recently in the news as a result of his local authority raising concerns as to his welfare as his excessive weight could cause premature death.
Why the local authority got involved
Where there are significant concerns for a child’s welfare the local authority conduct a preliminary investigation and usually a strategic discussion between the agencies involved.
If it is believed that the child remains at risk a child protection conference is called, as in Connor’s case.
Child Protection Conference
The child protection conference is a meeting of professionals involved with the child, such as representatives from his school, health professionals, police, social workers and normally the child’s carers.
The purpose is to gather information and decide what steps need to be taken to safeguard and promote the child’s welfare. A decision will then be taken as to whether or not to put the child on the child protection register.
The Child Protection Register
This is a list of children who are considered to be at continuing risk of significant harm.
For such children a child protection plan is put in place.
Care Proceedings
In Connor’s case, his mother was understandably very anxious when she was told that he could be taken from her and placed into care.
Such action is the last resort by the local authority, where there appears to be no better way of protecting the child and they consider whether to apply to the court for a care order or a supervision order.
A Care Order
A care order gives the local authority the normal rights that a parent has for a child (known as parental responsibility) and allows them to place the child with carers other than the parent if appropriate.
A Supervision Order
A supervision order places the child under the care of the local authority but does not give the local authority parental responsibility.
The local authority may then supervise the child’s care by assisting, advising and befriending the child.
Realistically it allows the local authority to keep an eye on the care of the child and to return the matter to court if necessary.
The implications for Connor and his parentsAt the child protection conference in February 2007 it was happily agreed that Connor could remain with his mother so long as the agreed plan to safeguard his welfare is implemented.ConclusionIt is extremely important to be aware of the law in this area and to seek independent specialist legal advice at an early stage where any such issues are raised in relation to your own family.Further information on the firm’s care law is available from Jane O’Callaghan at Watkins & Gunn on 01495 768925 or by visiting the practice’s website at:www.watkinsandgunn.co.uk
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