How do social services become involved with my family?
There are three scenarios where your child can be removed from your care:
- With your consent (under a section 20 agreement)
- With a Court Order
- By the police - under a Police Protection Order or Emergency Protection Order
Social services generally become involved as a result of a referral. This could be from a school, health professional or it could even be an anonymous referral. The local authority have a duty to protect the children in its area, and they will take steps to investigate any referrals made.
When should I get advice?
You should get advice from a solicitor as early as possible if social services are involved with your family. It is a very stressful time, and it may be easy to bury your head in the sand, but getting advice as soon as possible is the best option, and talking it through with a professional may help to put your mind at ease.
What is Section 20?
Social services can ask you to sign something called a Section 20 agreement, which would mean that your child could be temporarily removed from your care, and placed with either a family member or friend, or alternatively, in to foster care. Remember - Section 20 agreements are voluntary, and you should always take legal advice before signing any agreements. Because Section 20 agreements are voluntary, they can be withdrawn at any time. If you withdraw your consent for your child to remain in the care of social services, they must either return your child to your care, or alternatively, make an application to Court.
What is an Interim Care Order?
In some circumstances, the local authority may make an application to Court for an Interim Care Order. An Interim Care Order means that the local authority would share parental responsibility for your children. The local authority can ask the Court to sanction the removal of your children from your care. Court proceedings should conclude within 26 weeks, so it is important that you get advice and representation from a solicitor as soon as possible. You are entitled to legal aid automatically if you are involved in care proceedings as a parent or somebody who has parental responsibility for the child or children who are subjects of the application.
What is a Police Protection Order?
If they consider it appropriate, the Police have the power to remove children to a safe location for up to 72 hours to protect them from significant harm. The police do not require a court order to take this step.
We can help
Having social services involved with your family can be an extremely stressful time. We have a team of specialists who can assist with any issues relating to social services involvement with your family. Please click here for a call back or message us your enquiry.