Section 7 completed by Local Authority

[Pebbledashery]

We've just had an outcome of a fact finding and the judge has recommended that the local authority from the area my DD and I fled domestic abuse from do the section 7 report as they had significant involvement in us and assisting us in fleeing. Am I right in thinking if its court ordered then they have to do it and can't refuse? DD no longer is in their jurisdiction so not sure what will happen.. I do not want them to recommend our new local authority do it as my ex doesn't know where we live and in knowing what county we are in, it will immediately narrow down where we are..
My solicitor said usually if its court ordered then they basically have to do it... Is this usually the case?

This is the relevant part of the protocol.

Does your old LA have an open case?

She was subject to a child in need plan but when we transferred local authority she was recognised as safe in my care so they didn't pursue.. We haven't had involvement with that local authority in a year and our local authority now has no involvement with us.

The case is closed with that local authority. No current involvement from new local authority

The old LA may well refer back to the judge then and say it should be CAFCASS.

The new LA shouldn't be asked as their involvement was minor and a long time ago.

But if its court ordered by the judge.. Will they have to do it or are they allowed to refuse? The judge has put the section 7 to be completed by the local authority with input from cafcass.. What does that actually mean?

I work in this field, if your case is closed to the old local authority, it will be the local authority where the child lives and they would be expected to gather all the information from the old council.

But it cannot be our local authority because my ex doesn't know where we live. We fled domestic abuse through the intervention of the old local authority who relocated us. In asking our local authority to do it, it will immediately narrow down where we live and I can't risk that. I've asked my solicitor that when she serves the order to the old local authority to say if they refuse to do it then they need to recommend that cafcass do it as revealing which county we live in via the new local authority will put us at risk. I cannot have him know where we are.

We have no involvement with our new local authority. At all.

I understand but as the child is no longer living in their area, they do not have to complete it and would imagine they will challenge any request. The old authority won't have up to date information on you that could be accessed through your new local authority. If you are not an open case to either, it is usually Cafcass who do it.

We aren't an open case to either. We were immediately dropped by children's services as soon as we relocated.

Which means CAFCASS should do it.

The old LA can just write in to argue the toss, and then CAFCASS will be told to do it.

Your counsel should recommend that cafcass does the s7 and explain the reasons. Usually judges and barristers prefer cafcass involvement than others... this is what I was told anyway