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<p>Neither the Children Act 1989 nor its supporting statutory guidance prescribes
the criteria that local authority social care should consider when assessing the capacity
of a parent or prospective carer. However, relevant guidance for local authorities
in making these decisions is set out, primarily, in the following publications:</p><p>
</p><p>‘Working Together to Safeguard Children (2015)’, setting out the parameters
and principles of a high quality assessment, including of parental capacity;</p><p>
</p><p>‘Care Planning The Children Act 1989 guidance and regulations, Volume 2: care
planning, placement and case review (2015)’, setting out factors to be considered
in assessing the parenting capacity of the parent, and procedures that should be followed
in placing a looked after child with a carer or in residential care.</p><p> </p><p>Decisions
are therefore based on the professional judgement of social workers and the circumstances
of the individual child; the local authority is under a duty to safeguard and promote
the child’s welfare and when the court makes a decision the welfare of the child is
paramount. Where a carer is needed for a child who cannot live with their birth parents,
all types of prospective carers – whether foster carers, special guardians or adoptive
parents – are considered in terms of their capacity to look after children in a safe
and responsible way that meets the child’s development needs, and will have been assessed
and approved by the local authority or a relevant agency.</p><p> </p><p>The government
is undertaking wide-ranging reforms to improve the quality of social work practice
and decision-making, including through assessment and accreditation against Knowledge
and Skills Statements, which are also the post qualifying standards for child and
family social work. These standards provide clarity about the expectations of child
and family social workers, with specific reference to effective assessments.</p>
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