Part of social services’ role in society is to ensure that children are safe and well-cared for in their home environments. When they are alerted to concerns in this respect, they will step in to assess the situation and, on occasion, may remove a child and place them into care.
If you have been notified that social services are starting care proceedings, you are advised to seek legal representation without delay.
Action Social Services Can Take
If social services believe a child is at risk of harm, they can investigate and take action to safeguard that child where they believe this is necessary.
Following an assessment, if they reasonably suspect that a child’s safety or wellbeing is not being properly looked after, they can start care proceedings.
Why Social Services Might Approach You
The Children Act 1989 provides that where it is believed that a child may be at risk of significant harm or has suffered significant harm because of their care or because they are beyond parental control, they can start an assessment.
The harm includes:
- Abuse, which could be physical, emotional, sexual or substance abuse
- Neglect, including emotional, medical and basic care
- Illness on the part of the parent, both physical and mental, meaning proper care is not possible
- Abandonment, including leaving a child alone for a long period
Starting Care Proceedings
Unless social services believe there is an immediate risk to your child, they will start by carrying out an assessment. This is a lengthy process and involves examining all aspects of a child’s life and speaking to various individuals who may have insight into what is happening, such as teachers.
Immediate Removal Of A Child By Social Services
In some cases, social services may decide that a child needs to be removed from their home immediately. In these instances a request can be for an emergency protection order or an interim care order, giving them legal authority to take a child into care. Alternatively, where there is a threat to a child, the police can be involved to remove a child using a police protection order.
Emergency Protection Order (EPO)
An emergency protection order gives authority to the applicant to remove a child from their home and take them into care. It can also prevent a parent from taking a child out of a hospital or other care setting. If social services obtain an emergency protection order, they will also have some level of parental responsibility for the child.
Interim Care Order (ICO)
An interim care order can be made by the court once care proceedings have been issued and at the start of the case. Social services will have to show the court an interim care plan setting out where the child will be cared for.
The order is a temporary one, lasting eight weeks initially. It can be renewed after this time and from then on can be renewed every four weeks.
Police Protection Order
A police protection order is an emergency order that can be obtained quickly and that allows the police to remove a child from their home. It is applied for when there is believed to be an immediate risk of harm to a child.
When Can Social Services Remove a Child from Your Home
Social services can remove a child from their home if they have an order of the court giving them authority for this or where the child’s parent or someone with parental responsibility has given their voluntary consent for the child to be taken into care.
What Powers Do Social Services Not Have?
Social services cannot remove a child without legal authority. This is either a court order, a police protection order or the consent of the child’s parent.
You may be offered a voluntary agreement and you are strongly advised to speak to a solicitor before signing this. If you do sign a voluntary agreement, you can withdraw your consent at a later date.
Contact Our Expert Family Solicitors
At Witan Solicitors, we represent families who are dealing with intervention by social services as well as in a range of other legal actions involving children. We cannot offer Legal Aid for such matters since we do not have a Legal Aid contract. We can only represent individuals on a private fee paying basis. We can advise you of your rights and work with you to ensure these are observed and that the best outcome for your family is achieved.
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.
FAQ
Do social services have the authority to stop me seeing my child?
In the early stages of an assessment, social services cannot stop you from seeing your child. In some situations, it may be recommended that there is no unsupervised access, in which case contact can take place at a contact centre or with another approved adult present.
What happens when social services get called?
Social services will start by investigating, provided they do not believe there is an immediate risk. You will be advised of the steps they will be taking and you can instruct a family law solicitor to represent you.
How long will social services keep a case open?
Social services will keep a case open until it is resolved, which could be by removal and adoption of a child or where they believe the risk to a child no longer exists. While it is hoped that cases will be resolved in around six months, it is often the case that social services remain involved for much longer than this.
Do social services need evidence to take my child away?
The court will not grant an order for the removal of a child without evidence that there is a significant risk of harm or that harm has occurred. Unless it is an emergency, they will carry out an investigation and put together evidence of what has happened.
In an emergency, they will still need to provide evidence to the court to secure an order and then carry out assessments after your child has been taken.
If I lie to social services, what is the penalty?
If you are found to have lied to social services, both they and the courts will take this into account when dealing with your case. It could cast doubt on everything that you say, so you are advised to be honest throughout all legal action and communication with social services.
How long does a social services assessment take?
Social services will carry outa lengthy assessment of the child’s home situation which will involve speaking to a range of individuals in the child’s life and several visits to their home. Often this takes around six months to complete.
Is it possible for social services to take my child without a court order?
Social services need an emergency protection order before they can take a child. The police have the power to remove a child where there are immediate concerns for their safety.
When a child is taken by social services, what happens?
When a child is taken into care by social services, they could be placed with a relative to be looked after, taken to a foster carer or put into a children’s home, depending on what options are available and what is considered to be in the child’s best interests.
The next steps depend on your individual situation and you are advised to speak to a solicitor without delay as social services may move fairly quickly if they intend to remove a child permanently.
How long do social services take to investigate?
Most investigations take months and you can anticipate at least six months for an assessment.
How to win your child back from social services in the UK
If your child is taken into care, it will be explained to you why this has happened and what steps you may be able to take to have them returned to you. This could include attending parenting courses or going to stay at a parenting unit where you will be helped with parenting skills.
How long do social services keep records in the UK?
Social services keep records until children reach adulthood and beyond. It can depend on the local authority involved, but it is not unusual for records to be kept for 35 years or 75 years if the child becomes looked after.
