‘YOUNG PEOPLE’S GUIDE TO PLACEMENT MOVES’ TEN things YOU are entitled to when moving placements (1) (2)

Social workers should ask and listen to what you want. You should be able to visit the placement beforehand, and meet your new carers before you move in. (3) You should be given a reasonable choice of placements. (4) You should know what your educational plan is. (5) You should be able to take your pets and property (photos, bikes, clothing etc.) with you. (6) There should be time to prepare and adjust before moving. (7) Being ready to move can make all the difference. (8) Placements should not be ended for reasons that are nothing to do with the child (e.g. policy or money). (9) Contact with family and friends. (10) You should always be told exactly what is going on. .

SIX ways YOU can challenge being made to move The bad news is that you cannot challenge the decision to move you. However, the good news is that you might be able to challenge how the decision was taken if you weren’t consulted or given enough notice. The local authority has to be “reasonable” in making decisions about you. This means that it should listen to your views and take them into account. The local authority must also listen to what others concerned for your care think. It cannot just decide to do what it thinks is best for the local authority (such as to save money). (1)

This is what lawyers call the “Wednesbury Test”. If local authorities fail it then you could ask a solicitor to act for you and make an application for judicial review. If a court agrees that the decision had been made wrongly, it could stop any move taking place until such time as a decision had been properly made.

(2)

You could make a formal complaint (under the Children Act 1989) against being moved without proper notice or being asked. This might not change the decision, but the local authority has to consider “freezing” any move until your complaint has been looked into. If they refuse to do this then this might provide further evidence that they were acting “unreasonably”.

(3)

You might also think about complaining to the local ombudsman. They might look into your complaint if they felt that

the local authority was not making its decisions properly (this is called “maladministration”). (4)

You could ask the Independent Reviewing Officer (the person who chairs your reviews) to refer your case to CAFCASS. They can do this (Section 118 of the Adoption and Children Act 2002) if not satisfied that your care plan is being followed. It could lead to a court looking into your case and deciding what’s best for you.

(5)

The law is quite clear on there being no challenge against what a local authority decides is best for you. However, this does not necessarily mean that you have to go along with it. If you have a legal right to challenge the way a decision was made (remember you can ask a solicitor or advocate) you could refuse to move until such time as your legal case has been heard. However, it is important to remember that the local authority can move you against your will if they think you would be harmed if they didn’t. Also, the police could still arrest you if you are wanted for offences. Or, if you run away, they can take you to where the local authority says you should be.

(6)

You could ask the Children’s Rights Director for England to write on your behalf to the Director of Children’s Services in your area. He would ask them to look into your case again and keep him informed of what was happening.

FURTHER INFORMATION If you would like more information about any of your rights when it comes to moves contact any of the following organisations or visit their websites: Office of the Children’s Rights Director (Tel: 0800 528 0731, website: www.rights4me.org); A National Voice (Tel: 0161 237 5577, website: www.anationalvoice.org); Children’s Legal Centre (Tel: 01206 872 466, website: www.childrenslegalcentre.com); National Youth Advocacy Service (Tel: 0800 616161, website: [email protected]); Voice (Tel: 0207 833 5792, website: www.voiceyp.org); or, Local Ombudsman (Tel: 08456 021983, website: www.lgo.org.uk). REMEMBER: You can also ask your local children’s social services OR the children’s rights team for your area (contact CROA on Tel: 01773 820100 or visit www.croa.org.uk for local children’s rights officers and advocates).