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Child Assessment Orders

When dealing with matters involving local authorities, or the police, and when the outcome is vitally important then we would always suggest you appoint a professional legal representative, Lestons would be honoured to assist you in this matter.

A child assessment order (CAO) allows the local authority to assess the circumstances of a child over some time. Social workers may want a child they are concerned about to undergo a medical, psychiatric or social work assessment, and parents of the child would be informed that a child assessment order is being applied for.

It is rare for the local authority to apply for a CAO, but it is necessary in cases where parents of a child aren’t allowing a child to be assessed in the early stages of an investigation. An application for an assessment order is usually made if there is no immediate risk to the child. For example, if parents aren’t allowing a child to be medically examined, it could lead to detrimental delays in discovering evidence of sexual abuse. In these circumstances, a CAO would be needed.

Purpose of a COA
A COA allows the local authority to conduct a brief assessment of a child if they have concerns that the child is suffering from child abuse, and where necessary the assessment may take place over a maximum of seven days. The assessment will enable the local authority to know the current state of the child’s health and development. After assessing the child, the local authority will be able to decide if further steps need to be taken to ensure the child’s safety. CAO’s are usually used for cases where the child is more likely to suffer harm in the long term.

Actions are taken before applying for a COA
The local authority must try other ways to get the parents to cooperate with the investigation before applying for a COA, usually, the social workers involved will use a child protection conference procedure.

Making an application for a child assessment order
The local authority must complete and file the following:

  • Form C1
  • Supplementary form C16
  • A detailed assessment plan will include the assessment start date if it is granted
  • A social statement which covers the following:
    • Family history
    • The suspected harm
    • The assessments carried out to date
    • What information is still needed and why
    • A summary of an assessment plan
    • If the child needs to be removed from the family home, an explanation of reasoning needs to be provided
    • Contact arrangements for the child if they are taken out of the family home for more than one day
    • Analysis of the consequences the assessment will have on the child
    • Date of when the report from the assessment will be completed
    • An explanation of why the local authority believes they will not be able to complete the assessment without the order
    • Welfare checklist

The application will be made at the local family court.

Can a child refuse to be assessed?
If the child in question is of sufficient age and is competent enough to understand the circumstances and make an informed decision, they may refuse to be assessed. A refusal of assessment will be taken into consideration by the court; however, it will raise a concern with the local authority which could lead to an application for a care order being made.

Challenging a child assessment order
As a parent, if you don’t agree with the order, you may be able to make an application to the court to challenge it.

Complaints
As a parent, you may not be satisfied with the way the local authority is dealing with your child’s case, you may make a complaint. Get specialist advice about making a complaint.

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