The court process

The local authority will make the application and provide supporting evidence, usually a statement from their social worker, which sets out what has happened to make them concerned about the young person’s safety and what they may have tried previously to keep the child or young person safe. The local authority set out what restrictions are needed to keep the child/young person safe and how long they intend any order to last. 

The child’s parents will also be involved in the proceedings and can share their views on whether they agree to what is being suggested by the local authority. 

The Children’s Guardian will speak to the child/ young person concerned about what they want to happen and any concerns they have. The Children’s Guardian will then provide a report to the court setting out whether they agree with the restrictions that are being suggested as necessary, or only with some of what is proposed and why. They should also consider what support they consider the local authority needs to provide to the young person to resolve the risk-taking behaviour so that they are only subjected to these very serious types of restrictions for the shortest time possible. Sometimes children/young people require a great deal of specialist intervention before professionals consider that any restrictions can be relaxed so this will vary depending on the needs of the individual concerned.