When the local authority is called upon to carry out a child protection enquiry, that enquiry is based upon a risk assessment.

The initial enquiry is to assess the risk to the child of suffering significant harm. Section 47 of the Children Act 1989 cover the duty of social services to carry out such an enquiry and assessment, to determine whether or not action is called for to safeguard and promote the welfare of the child.

What is the Focus of a Risk Assessment?

As part of the initial child protection enquiry, the risk assessment must focus on the following:

    • Identify the cause for concern;
    • Evaluate the strengths of the family;
    • Evaluate the vulnerability and resilience of all children in the family;
    • Consider the protective factors and the child’s needs for protection;
    • Detail and evaluate family history;
    • Evaluate information from all sources and previous case records;
    • Consider the ability of parents and wider family and social networks to safeguard and promote the child’s welfare;
    • Consider how these risks can be managed.

“I approached Brendan
Fleming because my previous
solicitor was losing my case.
Brendan kindly took the case
on and since that day I
have felt like a heavy
weight has been lifted
from my shoulders.”Our client, K.W.

The assessment must take into consideration both immediate risk to the child and long-term risk factors. An aspect of this is where there is an imminent change in the child’s circumstances. For instance, should a child currently be in hospital but is due to be discharged, the assessment must have established the safety of the home environment.

Should it occur that the risk assessment finds that the child is at continuing risk of significant harm, a child protection conference must immediately be convened. An interim care order should be drafted and issued to safeguard the child on an immediate basis. Waiting for a child protection conference to take place would be inappropriate as this may leave the child open to receipt of significant harm in the meantime.

Contact Us Now

Brendan Fleming Solicitors are nationally recognized as a leading choice in the area of care work. We are justifiably proud of our expertise and our success rate. We are contracted to the Legal Services Commission for this type of work and are considered to be one of the leading national firms for publicly funded services.

Our principal, Brendan Fleming, has won a reputation for his innovative approach, spearheading many new ways of securing justice for families caught in the care proceedings trap. He is a member of a select children’s panel and recognized and approved by the Law Society.

If your child is undergoing a risk assessment from social services and need a Care Proceedings Solicitor to help you, contact Brendan Fleming today.

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Brendan Fleming Solicitors
165 Newhall Street BirminghamWMB3 1SW UK 
 • 0121 683 5000
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