If Social Services become involved with your child and family under safeguarding procedures then it is important to remain calm and obtain legal advice as soon as possible. Here are our tips which will hopefully mean that you may be able to keep your child and stop them from going into care.
Preventing a child from going into care
1. Listen to your solicitor
Your solicitor will have many years of experience in dealing with public law children matters. He or she will be able to advise you with regards to the strength and weaknesses of the Local Authority’s case. You must, at all times, follow the advice of your solicitor even if you find it difficult.
2. Attend all meetings
If you are invited to a meeting concerning the child you must attend it. A failure to attend will be seen as a sign that you are not placing the needs of your child above your own. You must give priority to the child and make sure that you engage fully and openly in all and any meetings regarding their welfare.
3. Do not agree to voluntary accommodation
You may be asked to agree for the child to be accommodated voluntarily under s.20 Children Act 1989. Unless you have had advice from your solicitor and they are certain that there is no alternative you should not agree to it.
4. Engage with the social worker and other professionals
It is essential that you engage openly with the child’s social worker, health visitor, health and educational professionals – even if you don’t like what they are saying. If you don’t engage with professionals then this will be seen as a sign that you are not able to meet the on-going and future needs of your child.
5. Put the child first
Do not, under any circumstances, put your partner before the child. If you are in a violent relationship you will be expected to end that relationship if it is considered a risk to your child. You must report any concerns you have about your partner in respect of violence, drugs or alcohol or other abuse.
6. Tell the truth
If you don’t tell the truth you will be found out and this will undermine the credibility that you have going forward within the care proceedings. If the Judge cannot trust what you say then he or she may not be able to satisfy themselves that it is safe for the child to remain in your care.
7. Be on your best behaviour
Remember that everything you say and do in the care arena will be noted down by the professionals working with the child. Positive aspects will be used in your favour; negative aspects will be used against you. Therefore, you must be on your best behaviour at all times.
8. Family and friends
Speak with your family and friends and see whether they would be willing to be assessed as potential kinship carers for the child. The Court may decide, at the conclusion of the proceedings, that you are unable to care for the child yourself. Therefore, it is surely better for the child to be placed with an alternative family member or close friend rather than go for adoption or long-term foster care.
Swallow your pride and speak with your family and friends as soon as you can. You will be surprised at the amount of support which is out there for you.
9. Get help and support
If you have a problem with drink or drugs then get help. There is an enormous network of support available locally for men and women who have suffered intimate partner violence or other forms of abuse and have turned to either drugs or alcohol as a coping mechanism.
If you are abusing drugs or alcohol this will almost certainly be a bar to the child returning to your care. You will have to choose between them. Make sure that the child come first.
10. Attend all meetings/Court hearings
You should know that the Court is able to make orders in your absence. If you do not attend Court the Judge will not know your side of the story or be able to consider your position. It is, therefore, essential that you attend each and every appointment which is arranged for you.
How Nelsons can help
If you are a parent or person with parental responsibility involved in care proceedings then legal aid might be available and you should always seek advice from a solicitor to make sure that you know where you stand. You should always take advice as soon as possible.
Melanie Bridgen is a Partner in our expert Family Law team. If you need advice on children law issues or any other family law matter, please contact Melanie or another member of our team on 0800 024 1976 or via our online form, and she will be happy to discuss your circumstances in more detail and give you information about the services that we can provide.