If a parent or carer is reported to social services due to concerns for the well-being of a child, a social worker will contact the parent or carer and arrange a visit to carry out an initial ‘child and family’ assessment, typically within 45 days. The social worker assessment will help the social worker to determine if a) there is no risk to the child, b) they are ‘in need’, or c) they are ‘at risk’.
If the child and wider family members are not considered at risk, it is likely that no further action will be taken by social services. If the child is considered ‘in need’, social services will intervene to provide support to the child and their family. If the child is deemed to be ‘at risk’, social services will take immediate action to keep the child and/or other family members safe. The exact action they take at this stage will depend on the details of the case. It is important to bear in mind that social services will only remove a child from their home if there is evidence that the child is at an immediate risk of danger or harm.
What happens when social services get involved?
If a child is deemed to be ‘in need’ or ‘in danger’ after an initial child and family assessment by a social worker, social services may take put in place any of the following measures:
- Child in Need Support Plan
- Child protection plan
- Public law outline meeting
- Care proceedings
- Emergency protection order
Child in Need Support Plan
A ‘Child in Need’ Support Plan is a document that is written by social services and explains the support that will be put in place to address any problems identified by the social worker during their initial assessment. It does not necessarily mean that the social worker believes the child is in danger; rather, it is designed to provide help where it is needed. The draft plan is normally presented at a Child In Need planning meeting but is finalised and agreed upon by the social worker, any other professionals present, the parent/carer, and the child. Once the support plan is in place, it is typically reviewed at least every 6 months or if there is a major event which requires a further review.
Child protection plan
A Child Protection Plan is different to a Child in Need Support Plan in that they are put in place if Social Services are concerned that a child is experiencing physical, sexual, or emotional abuse. It sets out what the parents, guardians or carers must do to remove the risk to the child and look after their overall well-being. Child Protection Plans generally remain in place until it is decided that the child is no longer at risk of harm, they reach 18, or the child no longer lives in the UK.
Public law outline meeting
A Public Law Outline (PLO) meeting is a step before care proceedings. PLO meetings offer a valuable opportunity for social services to explain their concerns to parents, carers, guardians and their legal representation, with the aim of avoiding care proceedings. If a plan can be agreed to remove the identified risk, it will be further reviewed in the future. If a plan cannot be agreed upon, the local authority may start care proceedings to ensure the safety of the child concerned.
Care proceedings
Care proceedings are the next step in the process if the PLO meeting is not successful in bringing about a resolution to ensure the safety and well-being of the child. In care proceedings, a family court judge will decide whether, based on the evidence presented, the child in question should be removed from their home and placed into care to ensure their safety. If the child needs to be placed into safe care sooner, it may be possible to get an interim care order allowing them to be placed with a family member or foster carer.
Emergency protection order
In cases where a child faces an immediate risk, a Local Authority can apply for an Emergency Protection Order (EPO) to have them removed from their home and given immediate short-term protection under the Children Act 1989. If granted, an EPO gives the applicant local authority parental responsibility for the child. This gives the local authority the legal power to have the child removed to another accommodation or to remain in a place of safety (e.g., a hospital). EPOs only last for 8 days but can be extended for a further 7 days if the risk to the child remains.
Can social services stop a parent from seeing their child?
Section 34(6) of the Children Act 1989 states that a local authority may refuse to allow contact between a parent and their child without a court order if:
- They are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare
- It is a matter of urgency, and
- The refusal does not last for more than 7 days.
If the local authority wishes to keep a parent from seeing their child for more than 7 days due to urgent concerns for their welfare, they must then apply for a court order to do so.
Your rights when dealing with social services
If you disagree with the actions of social services in relation to your child, you can file a formal complaint with your local authority. You can complain about a decision made by the local authority or if you are concerned that a child is not receiving the services or support they need. Local authorities are legally required to put in place a complaint procedure that you can follow to ensure your matter is handled correctly. We recommend instructing a family law solicitor from the outset to handle your matter. Based on the circumstances of your case, we will recommend the best course of action to ensure that your rights are upheld and your complaint is resolved to your full satisfaction.
