Me & My Rights

When people say 'the law' when talking about children's welfare and responsibilities of others, they're usually meaning The Children Act.  This law is about children and young people and how they should be protected and cared for. There is also something called the UN Convention on the Rights of the Child and Britain has signed up to these principles.
This guide outlines your rights and the responsibilities of those who care for you.

The local authority must protect you if they think you are in danger.  They have to listen if they are told you are at risk of harm and must look into what is happening to you.  In some circumstances this may led to you coming into “care”.

If you are Looked After under a Care Order
This means that the Local Authority has gone to Court and asked them what they think is best for you.  The Court will only make a decision (called an Order) if they think it will make things better.

The local authority have to explain what is happening and to ask you what you want.  You have the right to be listened to and protected at the same time.  You have the right to your own solicitor to speak for you in Court.  If an Order is made by a Court regarding your welfare, eg a Care Order, it can mean that you are looked after in foster care or a Children’s Residential Unit.

The court will have asked a person from CAFCASS to speak to you.  People who work for CAFCASS are called Children's Guardians.  It is the Guardian’s job to speak to you about what you want to happen or not happen and where you want to live. They speak to all the people who are important to you.  They work out what they think should happen and then tell the judge in court.

Staying in touch
If a Care Order is made or you are looked after under a voluntary arrangement, Children's Social Care must make sure that your family and friends can stay in touch with you.  This is your right. The Court will want to know about these contact arrangements whenever it hears about your case. Children's Social Care may sometimes feel that it would be better for you if you did not have visits or letters or calls from someone in particular - especially if they think that you are at risk from them.
There may also be someone who wants to have contact with you.  That person can then ask the Court for an order.  You may even want to have contact with someone yourself, and you can apply to the Court in the same way

Discharging a Care Order
There are several ways in which being looked after by the County Council can come to an end.  Generally speaking, a Care Order finishes automatically when you reach the age of 18.  A Care Order can be ended before then if a Court agrees.  Even if Children's Social Care feels that your Care Order is still needed, you still have the right to go to court and ask for it to be ended.

The Court will hear from both sides and will then decide whether to keep the Care Order or not. Your social worker will advise you on how to get the help of a solicitor, even if he/she does not agree with what you want to do.

If you are Looked After without a Care Order your rights are the same but this is known as a voluntary arrangement between the Local Authority and your family.

If you have been "Accommodated" without a Care Order, the arrangement may come to an end at any time if agreement is reached between the County Council and your parents.  If a parent withdraws their consent for their child to be “accommodated” but the County Council don’t agree, the County Council would have to ask the court for an Order and again you would be asked what you want to happen.

If you are over 16, you should have the major say in whether the arrangement ends - your parents may be consulted, but in most circumstances you can choose to remain looked after or leave even if they don't agree. 

See 'What happens when I leave care?' on this site for information about the Leaving Care Service.

Clothes
Whenever you are being Looked After, you can choose your own clothes to wear.

Sometimes your parents will still provide your clothing and school uniform. but if you live with foster carers, an allowance for clothes is included in the payment to them.  It is up to you and them to decide how and when this should be used.  If you are living in a Children’s Residential Unit you will receive a monthly clothing Allowance.

Files and Case Records 
Children’s Social Care have to keep written information and records about every young person who is looked after. This information is kept in a separate file by your social worker and locked away in a filing cabinet.  If you live in a residential unit (children's home), there will usually be some information about you and your family kept there too.  Any reports prepared on you should be discussed fully with you and you can ask to see your file.
All children and young people have a right to find out what has been recorded about them by Children’s Social Care under the Data Protection Act.

Pocket Money
Every young person looked after by the County Council gets pocket money, including those living with foster carers. The amount depends on your age and is reviewed each year.

Discipline and punishment
Corporal (physical) punishment is unlawful for all children in care.  You are specifically protected from other unreasonable punishments which are set out in law.  These include being deprived of food, drink and normal medication, being given other forms of medication for control purposes, deprivation of sleep, being made to wear distinctive clothing, being made to pay a fine - other than a court fine - and being stopped from making contact with parents, family and friends and making contact with a social worker, solicitor or guardian.

Physical restraint may be used, provided that it is reasonable, to prevent immediate danger of physical injury to you or another person, or to avoid immediate danger to property.

Complaints
If you have any problems or complaints about how Children’s Social Care are looking after you, try telling you carer, your Social Worker or their manager.  Often they are the people who know you well.  They will do their best to try to help you.

You can also get in touch with the Complaints Officer in Children's Social Care (David Phipps).  It is his job to sort out any complaints that you may have and your Social Worker or carer/key worker will help you with this.  The Local Authority has a complaints procedure and you will have been given a leaflet about this when you first came into care.