s47 definition neglect

[LEAIssues]

Can anyone help?

If a child is suffering, or likely to suffer from significant harm, and the main concern is neglect, how do they establish neglect? Are there any case law and if so, where do I find them?

What if the significant harm is caused by the child's own disabilities? Eg, PDA or ADHD?

If the LA have given you a letter notifying you of their intention to take care proceedings, you can get free legal representation and advice whatever your means.

I was told free legal representation and advice only when legal action starts, not for conferences to place children on the register. Is that right?

That's right, but subject to a means assessment you can still get advice.

Neglect is quite complex and can cover a lot of things - too many to mention but home conditions, not taking then to health appointments, not making sure they are in school etc.

What they do is compare to what you would expect a child of the same age etc to receive this should take into account of disabilities.

Research does show that children with disabilities are more likely to be at risk

How do they establish neglect?.....
A full assessment by a social worker will be completed and this will include information from all professionals involved with the family. A child protection conference is then held which multiple agencies will attend (children's services, health, education being the main ones). All information gathered during the assessment will be presented at the conference along with information from the other professionals present. The parents also have a chance to speak. Once everything has been heard, all those present will make a decision on whether the child(ren)'s names are placed on the child protection register and under which category (ie neglect, physical, sexual, emotional).

There is no case law to go by as far as I am aware.

With regards to accessing legal representation, you are right in thinking this is only free when the local authority have started legal proceedings themselves.

I am not a lawyer but work in safeguarding children.