The duty of a local authority to make a care plan with respect to a child who is subject to proceedings in which a care order might be made is now laid down in the Adoption and Children Act 2002.
s. 121 Care plans
(1) In section 31 of the 1989 Act (care and supervision orders), after subsection (3) there is inserted-
“(3A) No care order may be made with respect to a child until the court has considered a section 31A plan.”
(2) After that section there is inserted-
S. 31a Care orders: care plans
(1) Where an application is made on which a care order might be made with respect to a child, the appropriate local authority must, within such time as the court may direct, prepare a plan (”a care plan”) for the future care of the child.
(2) While the application is pending, the authority must keep any care plan prepared by them under review and, if they are of the opinion some change is required, revise the plan, or make a new plan, accordingly.
(3) A care plan must give any prescribed information and do so in the prescribed manner.
(4) For the purposes of this section, the appropriate local authority, in relation to a child in respect of whom a care order might be made, is the local authority proposed to be designated in the order.
(5) In section 31(3A) and this section, references to a care order do not include an interim care order.
(6) A plan prepared, or treated as prepared, under this section is referred to in this Act as a “section 31A plan”.”
(3) If-
(a) before subsection (2) comes into force, a care order has been made in respect of a child and a plan for the future care of the child has been prepared in connection with the making of the order by the local authority designated in the order, and;
(b) on the day on which that subsection comes into force the order is in force, or would be in force but for section 29(1) of this Act, the plan is to have effect as if made under section 31A of the 1989 Act.
Failure to implement a care plan can now met with litigation by the legal and special casework team of CAFCASS. S. 118 of the Adoption and Children Act 2002 requires a LA to appoint an independent reviewing officer (IRO)to monitor the functions of the LA in relation to the review of looked after children’s cases.
From September 2004 the IROs will have the power to refer cases that they are unable to solve to CAFCASS who may start proceedings against the local authority.
CAFCASS is empowered by statutory instrument to bring civil actions against a local authority with the following options.
a. Judicial review proceedings
b. Compensation claim
c. Freestanding Human Rights application.