Case Study
1
FAMILY COMPOSITION
Ronnie Clegg -born 7th May 1959 (aged 51),
Jackie Fellows- born 4th January 1972 aged 38,
Justine Clegg, born 5th December 1999 aged 11,
Clare Clegg- born 6th April 2001 aged 9.
The couple first co-habited in June 1998 and have co-habited continuously until now.
Ronnie does not have parental responsibility.
2
CHRONOLOGY
2.1
1992
Ronnie’s four children by a previous relationship were made the subject of full care orders
after a contested five day final hearing. Ronnie was the main carer of those four children
until the Local Authority took them into care under interim care orders prior to full care
orders being made. The brief social work records say that there were serious concerns
about the children’s emotional development and allegations that they have been physically
abused.
Unfortunately, in 1992 the family were living in another part of the country,
namely Zincshire, and the information on the Zincshire Child Services file is extremely
sketchy. The papers state that Ronnie has been convicted of assault against one of those
four children. It is also stated that the jury could not come to a decision on the three
charges of assault on the other three siblings. Ronnie was acquitted on the direction of
the Judge.
2.2
Early May 2009
The Blimpshire County Council Children’s Services intervene after an anonymous written
complaint from a “concerned neighbour”. Megan Barlow, a social worker, visits and finds
that home conditions are squalid.
However, the children appear to have a close
attachment to both parents. Justine is seen to giggle whenever father refers to her as “my
little angel from heaven”. Clare is wary of Ronnie but the emotional relationship of both
children with Jackie is seen as very appropriate. From the practical parenting point of
view, Ronnie is the more competent. Jackie’s intellectual abilities limit her ability to stand
up to Ronnie and to learn good parenting. Ronnie is seen to be the dominant partner.
After one visit from “Safe-Clear”, an independent agency often contracted by the Local
Authority to provide clean-up services for householders, Ronnie declines to allow them to
visit again. A few days later, during a school medical, bruising is noted on Justine after her
initial reluctance to be examined. The medical is conducted by the school nurse.
With
mother’s consent Justine is persuaded to see a community paediatrician who undertakes a
full examination much to Justine’s distress.
His written report to the Child Services
Department concludes that the bruising is inconsistent with the explanation given for it by
Justine. Again with Jackie’s consent, Clare is examined by the same paediatrician who
reports that there is no evidence of abuse on Clare.
2.3
Late May 2009
Initial Child Protection Case Conference.
There are no legal representatives at the
Conference. The following is relevant information from the Conference.
2.3.1
Megan Barlow has prepared a written report for the Conference. Ronnie has quite
happily told Megan Barlow that after a five day hearing Mr Justice Lego, in a
contested care hearing, did not believe him, like the jury and found that he,
Ronnie, had been guilty of assault on all four siblings. Ronnie denies to Megan
absolutely any abuse of those children.
2.3.2
There is information from the “concerned” neighbour in her anonymous letter
received in early May 2009 that she believes that Ronnie is an abuser.
2.3.3
Justine is reported as exhibiting “developmental delay”. For the purposes of this
scenario, this has been observed by the school nurse but not formally assessed,
e.g., by a paediatrician. The children’s poor educational attainment is commented
upon by their schoolteachers at the Case Conference.
Justine’s teacher
comments on Ronnie’s refusal to support the Special Educational Needs Code of
Practice.
2.3.4
The parents have been arrested for child neglect because of the home conditions.
The police who attend the Case Conference say that after interviews with the
children following the procedures laid down in Achieving Best Evidence in Criminal
Proceedings and interviews under caution of both parents there is insufficient
evidence to prosecute them for any offence. The parents in the interviews talk
extensively about the family history but make no admissions of any criminal
offences.
Case Conference reports and statements have been gathered by the police from
Safe-Clear, the school nurse, the consultant community paediatrician about the
bruising and the teachers of the school the children attend.
2.3.5
Jackie has told the social worker that she suffered from post-natal depression after
the birth of Clare but declines to consent to the disclosure of her mental health
records.
2.3.6
After taking legal advice by telephone the Conference concludes that there are, at
this stage, insufficient grounds for removal on the basis that the parents will agree
to a community based assessments.
2.4
October 2009
A Child Protection Review Conference is held.
representatives in attendance.
Again there are no legal
The following is relevant information from the
Conference:
2.4.1
As recommended by the May 2009 Case Conference there has been an
unsuccessful community based assessment in the local Family Centre which uses
a sophisticated written process. This is given to parents as part of the parenting
classes and assessment process.
Ronnie has declined to engage with the
process. Jackie has engaged but the conclusion is negative in that the Family
Centre worker who is present at the Case Conference says that although Jackie is
willing, she is intellectually unable to put what she is taught into practice. She is
undermined by Ronnie. The social worker does not believe that a psychological
assessment will add anything to what she has recorded after six meetings with the
parents both together and alone and believes that a psychological assessment will
add nothing to the decisions the Local Authority will have to make.
2.4.2
Ronnie has told Megan Barlow that since September 2008 he has received
confidential counselling from counsellors at the Family Centre of the Church which
he has started to attend.
2.4.3
The Conference recommends the Local Authority starts proceedings with a view to
“permanency”.
2.4.4
The Chair of the Conference comments on the absence of a “Core Assessment”
but is content to receive an oral report from the social worker on the outcome of
the social worker’s general view of how the family functions. The Chair of the
conference has recommended that there should be a legal planning meeting with a
view to commencing care proceedings
Submission
You are asked to prepare and submit with your application answers to the following
questions limiting yourself to the number of pages specified: 1. A brief chronology based on these facts.
2. Outline the matters that you would wish to discuss/clarify with the social workers at
a Legal Planning meeting. (1 A4 page)
3. A summary of the steps that will be required under the “Public Law Outline” (PLO)
before the Local Authority can commence care proceedings. (1 A4 page)
4. List the form(s) and supporting documents that the Court will require.
5. Who would be the parties to any care proceedings.
6. What is the Law Society’s guidance on attendance at Child Protection Conferences.
(1 A4 page)