Your Child and Social Services

Sometimes the disagreement you have about your child may not be with a family member but with the Social Services Department.  This situation will arise where there is some perceived risk of harm to your child and Social Services become involved, either because you or someone else calls on them for help.

Often the involvement of Social Services is informal and voluntary, so there is no need for any Court proceedings.  Sometimes, your child may be put on the “child protection register”, also known as the “at risk register” which is a slightly more formal arrangement but does not involve the Court.  In more difficult situations, Social Services may make an application to Court and the kinds of orders that can be made include:-

Interim and full care orders mean that the parental responsibility for your child is shared with Social Services and in practice, that means that Social Services department decides where your child lives and whether and how often you see your child if he or she is not living with you.

If you disagree with Social Services about anything, then you can ask the court to make an order that is different to what Social Services wants.

As in all situations, the court will order what is best for your child and will encourage agreement.  Obviously, it is more difficult to agree with a stranger, i.e. a Social Worker, about what is best for your child than it is to agree with a member of your family.  As in all areas of law involving children, it is the child’s welfare that is of paramount importance.

Court proceedings involving Social Services start off in local Magistrates’ courts but can be transferred in difficult cases to the County Court.

The court will in every case appoint separate representation for your child.  This is a person called the Guardian and he or she will have a separate solicitor who is in fact your child’s solicitor.  The Guardian has a duty to approach the case from the child’s point of view and to protect the child’s interest.  It is important to remember that the Guardian  and Social Services are not “on the same side” and just like you may disagree about what is best for your child.

Court proceedings involving Social Services can be quite lengthy and last for many months, sometimes they result in court orders, sometime agreement.  There will be times when such proceedings are very upsetting.  Do remember that the court’s duty is to see that what happens is what is in your child’s best interests and you will be given a fair hearing because of that.