The Care Lawyer

05/06/2024

Been notified by the Local Authority that they are entering the PLO process or they are thinking about issuing care proceedings?

Read this handy guide and get in touch if you need legal advice.



Copyright: Zoe Butt 2024

13/02/2024

Reposting this great quote which was shared by Parent Assess. This is so important. How often do lawyers, judges and professionals forget this? In the family court system and cases involving care proceedings, we need to remove the legal jargon and speak in a way that is understandable for everyone involved in the case, but most importantly for the families at the heart of it.

22/06/2023

Understanding Non-Accidental Injury: A Guide for Parents and Caregivers

Being accused of causing a Non-Accidental Injury is a distressing and overwhelming experience for any parent or caregiver. In cases where a child sustains a serious injury, and the cause is unclear or inconsistent with the explanation provided, concerns may arise about the possibility of abuse or neglect. This guide aims to shed light on Non-Accidental Injury cases, provide essential information, and offer guidance on how to navigate through this challenging process.

What is Non-Accidental Injury?
Non-Accidental Injury, also known as inflicted or non-accidental trauma, refers to injuries caused to a child by a deliberate act of abuse or neglect, rather than resulting from an accidental cause. These injuries can vary in severity and may include conditions such as Shaken Baby Syndrome, fractures, bruising, burns, infant death, or fictitious/fabricated illness.

Recognising the Signs:
While it is essential to remember that not all injuries are indicative of Non-Accidental Injury, there are certain signs that professionals may look for when concerns are raised:

1. Unexplained or inconsistent explanations for the injury.
2. Multiple fractures of differing ages.
3. Fractures in non-mobile children.
4. Fractures occurring in unusual locations, such as the skull, ribs, or spine.
5. Bruises in unusual patterns, excessive number, or atypical locations.
6. Burns with distinctive shapes or in unusual places.
7. Concerns about the circumstances surrounding infant death.
8. Suspicions of exaggerated or fabricated illness.

What to Do If Concerns are Raised:
If professionals raise concerns about a Non-Accidental Injury involving your child, it is crucial to take the following steps:

1. Seek Medical Treatment: Always ensure that your child receives immediate medical attention for their injuries. Cooperate with medical professionals and provide them with accurate information about the incident.

2. Engage in Open and Honest Communication: Be transparent with medical and social work professionals, providing them with all the relevant details surrounding the injury. Honesty is crucial, even if it feels daunting or worrisome.

3. Seek Legal Advice: It is vital to consult with an experienced care solicitor who specializes in Non-Accidental Injury cases. A knowledgeable solicitor will guide you through the legal process, protect your rights, and provide the necessary support during this challenging time.

4. Document and Preserve Information: Keep detailed records of the incident, including dates, times, locations, and any relevant conversations or interactions. These records can be valuable if the case progresses further.

5. Temporary Child Placement: If social workers express concerns and propose removing your child from your care during the investigation, seek legal advice promptly. Explore the possibility of temporary care through trusted family or friends rather than foster care.

Conclusion:
Facing accusations of Non-Accidental Injury is an extremely distressing experience for parents and caregivers. It is essential to remember that seeking legal support and understanding your rights is crucial during this challenging process. By cooperating with professionals, engaging in open communication, and seeking expert legal advice, you can navigate through this difficult time and work towards ensuring the well-being and safety of your child.
If you require legal assistance or guidance in a Non-Accidental Injury case, our specialist solicitors at Ridley and Hall are here to support you. Contact us today on 0800 860 62 65 for a free, no-obligation appointment to discuss your case and receive expert advice on the next steps.

Remember, you are not alone, and seeking the right support can make a significant difference in the outcome of your case.

12/04/2023

A really useful article from The Children's Society about Tiktok with tips on how to keep your children safe online.

We have seen growing concerns about the impact TikTok has on children and young people's mental health and wellbeing. We explore the reasons behind this backlash.

04/04/2023

The Prime Minister has announced plans to create a new Grooming Taskforce to better protect children and young women from sexual abuse and exploitation. The Prime Minister is travelling to Leeds and Greater Manchester to meet with survivors, local police partners and members of the new taskforce.

What are the key takeaways from the announcement and does it go far enough?

Specialist Officers

Specialist officers will be parachuted in to assist police forces with live Child Sexual Exploitation and grooming cases. This might seem like it should be obvious, and it probably should be, however when cases involving exploitation are seen by the police it is often the first responders and junior officers who will deal with cases initially.
I agree specialist officers are extremely important in ensuring that cases are dealt with properly- we have seen first hand the devastating impact it can have when the prosecution and police investigation doesn’t carry the relevant expertise and how badly this impacts on survivors of CSE going through the legal process (the Rochdale grooming case being just one example). Having specialist officers leading those teams will hopefully have a huge impact on the success of prosecutions and live cases.

However, what this doesn’t tackle is detecting these cases in the first instance. I would hope that as part of this Taskforce the government also puts in place specialist training for all officers to identify the warning signs of child exploitation, and to spot these cases as early as possible. Without front line officers having the necessary understanding of the risks and warning signs of child exploitation, many cases would otherwise not make it as far as the specialist units referred to.

Data Analysts

Data analysts will be used to identify the types of criminals who carry out these offences, helping police to catch offenders who might otherwise be missed. The announcement says, “This will include better data on the make-up of grooming gangs, including ethnicity, to make sure suspects cannot hide behind cultural sensitivities as a way to evade justice.”

Whilst it is important that cultural sensitivities do not protect offenders in any way, the focus within the announcement on race is not helpful to the picture overall and detracts from the main issues. Child exploitation isn’t linked to a particular ethnic group and a 2020 Home Office Report concluded that it could not say whether any particular ethnic group was disproportionately represented.
Using data analysts to help identify criminals can only be helpful, but it is important that the message around race does not distract from the overwhelming issues around child exploitation and the need to tackle it.

Sentencing

Grooming gang members and their leaders will receive the toughest sentences for their crimes and the longest time behind bars. These factors will be brought into law as “aggravating factors” which will be considered when sentencing these offenders.

This is undoubtedly a positive step and one which is much needed. We can only hope that this is put into practice and carried out with the vigour it is intended. We have seen too many cases where offenders have been released after 2-3 years and returned to the hometowns of their victims. I have no doubt that the toughest sentences are required for these cases, and I hope that this commitment results in every case moving forward receiving sentences that properly reflect the heinous nature of their crimes.
Deputy Prime Minister and Justice Secretary, Dominic Raab, said:
“Grooming gangs are a scourge on our society and I want to send a clear message to anyone who exploits vulnerable children that they will face the full weight of the law.”

Mandatory Reporting

There will be mandatory reporting for adults working with children if they suspect or identify that child is being abused. This is an absolute bare minimum to bring the rules around reporting for child exploitation in line with those of other serious abuses, such as Female Ge***al Mutilation which became subject to mandatory reporting in 2015.

Whilst we would hope that previously any professionals working with children would report in concerns of this nature, that may not always have been the case and many reports may have been missed as a result of fear or lack of confidence in their suspicions. Mandatory reporting puts this on a statutory footing and means that adults who fail to report concerns around abuse and exploitation will face criminal sanctions themselves.

Support to the NSPCC Whistleblowing Helpine

Support will be bolstered for the NSPCC whistleblowing helpline and public helpline. Reports can and should be made by anyone concerned about child exploitation. The NSPCC creates a clear pathway for concerned parties to seek advice and to get one step closer to protecting victims of exploitation.

Responding to the announcement, the Children’s Commissioner for England, Dame Rachel de Souza said:
“I welcome this focus on protecting vulnerable children from exploitation and abuse, and I urge them to extend this same focus to children arriving in the UK who often face similar dangers.
“Any measures designed to make children safer, no matter their background or circumstances, are a positive step, so I’m pleased to see the commitment to taking forward recommendations from the Independent Inquiry into Child Sexual Abuse. This must go hand in hand with reforms to children’s social care, putting children’s experiences and voices at the heart of the system and ensuring they feel able to confide in the adults they trust to protect them, who in turn will be supported to keep them safe. I look forward to seeing the full details of these proposals.”

This announcement will place Grooming Gangs and Child Exploitation firmly on the national agenda and is a huge step in the right direction to protecting children and young women from the risk of exploitation. It is so important that momentum isn’t lost and that the much-needed changes are implemented with vigour and without delay.

Written by Zoe Butt. Zoe is a Partner at Ridley and Hall Solicitors and specialises in cases involving child exploitation where Children’s Services have become involved.

30/03/2023

https://www.bbc.co.uk/news/uk-england-leeds-64957852

This is the incredibly sad case of Somaiya Begum. Her uncle has been found guilty of her murder.

This is a case involving honour based violence and issues around forced marriage. Somaiya had sought a Forced Marriage Protection Order which was in place at the time she was killed.

Honour Based Violence isn't a rarity and I hope this case helps bring the issue back into the spotlight and to raise awareness of these heinous crimes. Karma Nirvana is the leading charity in the UK specialising in helping those at risk of forced marriage and honour based violence- they report that in the year ending 2022 there were 2887 honour based abuse crimes recorded by the police. In 2021 The Forced Marriage Unit dealt with 337 potential forced marriage and FGM referrals.

These statistics don't take into account the many more cases that do not get reported to the police or access to the support and advice that is so desperately needed.

For anyone at risk of or experiencing forced marriage or honour based abuse, a holistic approach is needed to ensure that on the ground support is in place to ensure the highest levels of protection that can be achieved. This can be achieved through accessing support through charities like Karma Nirvana, working with The Forced Marriage Unit and putting in place the necessary legal protection orders with the help of an experienced legal team.

The conviction of Somaiya's uncle for her murder serves as justice and sends a clear message that the justice system will not tolerate this. It does not however bring Somaiya back or lessen the impact of this tragedy.

We must continue to fight to challenge honour based violence and forced marriage, and to maintain the momentum to demonstrate that this will not be tolerated.

Somaiya Begum's body was found wrapped in a rug 11 days after she went missing in Bradford.

30/03/2023

Welcome to The Care Lawyer. You'll find easy to understand, bitesize information about Care Proceedings and how to navigate Local Authority involvement.

Zoe's particular expertise is in cases involving Child Sexual and Criminal Exploitation, and Non-Accidental Injury cases. You can find our private, community support pages via the links below to gain access to specific support on these topics.

Non- Accidental Injury (NAI) Support Group for parents and intervenors https://www.facebook.com/groups/604357691220110

Parents of Child Sexual Explotation and Criminal Exploitation https://www.facebook.com/groups/898458731459255