Reasons Social Services Would Take A Child

Summary

1. The Role Of Social Services
2. The Children Act 1989
3. Common Reasons Social Services Might Take A Child Into Care
4. What Happens When The Local Authority Applies To Take A Child Into Care?
5. When Social Services Are Involved With Your Family
6. Expert Legal Representation
7. Contact Our Expert Family Solicitors

Social services have an obligation to safeguard children that have been referred to them. Occasionally, this could mean that they will take a child into care. We take a look at the role of social services and why they might feel that it is necessary to remove a child from their home.

The Role Of Social Services

If your family has additional needs or there are safeguarding concerns, social services may become involved. This does not mean that your child will be taken away. Taking a child into care is only carried out where social services have obtained a court order or where it is believed that there is an immediate danger to them.

To obtain a court order, social services will need to show the court that your child is at risk of harm or has suffered significant harm because your parenting was not the parenting that a reasonable parent would provide.

If you are notified that social services are starting legal proceedings, you should speak to an expert children’s solicitor as soon as you can. At Witan Solicitors, we understand how hard it is to face the threat of your child being removed by social services and we can step in to represent you straight away.

We deal with parents in a wide range of circumstances and can advise you of your rights and options in dealing with the involvement of social services with your family. We can also represent you at court or case conferences so that you have an expert by your side during this difficult time.

The Children Act 1989

The main legislation relating to children is contained in the Children Act 1989 (the Act). It states that the primary concern of the court in dealing with children must always be the child’s welfare.

Section 31 of the Act deals with the care and supervision of children. If social services believe that a child may be suffering or likely to suffer significant harm because of the care they are receiving or likely to receive or because the child is beyond parental control, they can ask the court to make an order.

The order could either place the child within the care of the local authority or put them under the supervision of the local authority. The child’s parents and guardians may still be able to have reasonable contact unless the court believes that this is not in the child’s best interests.

The initial order will generally be an interim care order, placing a child in the care or supervision of the local authority for up to eight weeks.

Parents will have an opportunity to work to change the circumstances of their home so that the child can return. The court will need to be persuaded that there has been a major change. Evidence of this will be provided by securing reports from experts such as doctors, social workers and counsellors.

You may be required to attend meetings or classes to help you improve the areas of concern. This could be in respect of parenting or other factors that have affected the situation, such as drug or alcohol misuse.

Common Reasons Social Services Might Take A Child Into Care

Any circumstance in which a child is suffering from harm or likely to suffer from harm because of the care they are receiving or because they are beyond parental control could result in a child being taken into care. Some of the more common reasons when social services take a child into care include:

• Abuse
• Parental addiction
• Neglect
• Abandonment
• When a parent cannot care for the child because they are ill

Abuse

Abuse is a common cause of children being removed from their homes by social services. This could be physical, emotional and psychological or sexual. If social workers have reason to believe that abuse is taking place, they will put their evidence before the court and request an interim care order.

Parental Addiction

If a child’s parents are addicted to drugs or alcohol and this addiction means that the child is likely to suffer harm, social services will take steps to remove the child from the situation. The option remains for the parent to address their problems and if they can prove to the court that they have overcome their addiction and they can provide safe and adequate care for their child, the court may allow them to return home.

Neglect

Where a parent is neglecting a child by not meeting their basic needs, social services could step in. Neglect can also include emotional and medical neglect as well as failing to provide basic care in areas such as feeding, keeping a child clean and safe or not providing an acceptable home.

Parental Illness

Where a parent is unwell and this causes a risk to the child, the court may agree that the child should be taken into care. This could be on a temporary basis until circumstances change.

Other reasons

Where a child has no one to care for them because their parent is sent to prison or abandoned them, their parent has died or the child is an unaccompanied refugee, social services will step in to ensure the child is taken into care.

What Happens When The Local Authority Applies To Take A Child Into Care?

A child will be taken into care after the court makes a care order or where you have consented to care or occasionally where the police remove a child in an emergency.

A care order places the child under the supervision of the local authority, which may often decide to place the child with foster carers. The local authority will be granted parental responsibility, meaning they can make decisions relating to where the child lives and what healthcare and education they will receive. 

You will be asked to attend one or more hearings before the court makes its decision.

Case Management Hearing

A case management hearing gives the court the chance to set out how it wants the case to be dealt with. For example, reports and assessments could be requested and deadlines set. There could be more case management hearings as the situation progresses.

Issue Resolution Hearing

An issue resolution hearing allows the parties involved to see whether some of the matters being dealt with can be agreed upon. For example, the child’s parents might agree to the child going to live with a relative.

Contested Removal Hearing

If the parents object to the child being taken into care, the court will decide what should happen. It is important to have representation by an expert in child law so that your case can be put as strongly as possible.

Final Hearing

After the final hearing of the matter, the judge will make an order setting out what is to happen. The hearing could be lengthy and the court is likely to hear from a range of individuals involved in the case, such as social workers, the child’s guardian if one has been appointed and the parents.

This is your chance to make a statement to the court setting out why your child should stay with you. Your solicitor will help you make sure this is as persuasive as possible.

The court can make one of the following orders:

Care Order

A care order removes the child from the parents and places him or her in the care of the local authority. The local authority will be responsible for looking after the child and should review whether to apply to discharge the care order.

Placement Order

Placement orders give authority to the local authority to place a child for adoption. This type of order is made when the court finds that a child is at significant risk of harm and cannot be safely cared for by their parents or other relatives. The court decides that adoption would be in the child’s best interests.

Supervision Order

A supervision order allows the local authority to advise, assist and befriend the child, but does not remove the child from their home, nor does it give the local authority parental responsibility.

Child Arrangements Order

A child arrangements order sets out details such as whom a child will live with, whom they can see and how long they can spend with different people. It is a private law order and as such, will not involve the local authority. The court could make a child arrangements order if a child’s relatives agree to care for him or her.

Special Guardianship Order

A special guardianship order appoints someone other than a child’s birth parents to be responsible for them, to include in respect of their care, education and medical treatment. A special guardian will need the consent of everyone with parental responsibility for the child, such as the child’s mother and in some cases the local authority, before taking certain steps, including changing the child’s name and taking them overseas for more than three months.

When Social Services Are Involved With Your Family

If social services approach you about your children, you are advised to seek legal advice. You have certain rights as a parent and it is important to protect these.

Social services will have your child’s best interests at heart and where possible, you should work with them to demonstrate that you are a fit parent and that you are doing all you can for your child.

You may be then asked to attend a child protection conference. This is a meeting with a range of individuals who are involved with your children, such as your social worker, health visitors or other medical professionals, teachers and the police.

A child protection plan could be put in place following the conference, setting out what needs to be done to ensure your child is safe.

You are always advised to try and stay calm and cooperate. You may not agree with everything that is said, but if you can put your point clearly and calmly, it can help your case.

You may be advised to attend therapy, parenting classes or counselling. It is recommended that you do this as it can both demonstrate that you are willing to do what it takes to keep your child at home and also gives you the opportunity for help if you need it.

Expert Legal Representation

Dealing with the courts and local authorities can be daunting and stressful. It is important to have expert help by your side and you are recommended to speak to a family law solicitor as soon as you can. Subject to your individual circumstances, you may be eligible for Legal Aid. Unfortunately, we cannot offer Legal Aid for such matters since we do not have a Legal Aid contract.

Contact Our Expert Family Solicitors

At Witan Solicitors, we represent clients in a wide range of legal proceedings relating to their children.

If you would like one of our experienced family lawyers to represent you, email us at info@witansolicitors.co.uk or fill in our contact form.