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Understanding the role of social services and getting help from a child care solicitor

By Ruth Coneron

Published In: Child Care

If social services are involved with your child and the matter may involve court proceedings, it's important to understand the legal process and your rights. Involvement from social services can be stressful, but knowing the steps to take will help you approach the situation with clarity and confidence.

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Understand the role of social services

Social services are responsible for safeguarding children and ensuring their well-being. Their involvement is usually triggered by concerns regarding your child's safety or welfare, such as potential neglect, abuse, or other circumstances that may put them at risk. Understanding the specific reasons for their involvement and concerns is important.

 

Get legal advice early

If you believe the situation may lead to court action or social services involvement it is really important to get legal advice as early as possible. A solicitor specialising in childcare law will be able to guide you through the process, explain your rights, and help you develop a legal strategy to respond quickly to the concerns. You may be entitled to Legal Aid, especially in cases involving the care and protection of children, which means that your legal advice would be free of charge.

 

Engage with social services

Before the case reaches court, social services will likely invite you to meetings. It is important to attend these meetings and engage with social workers. Even if you disagree with their concerns. Cooperation shows you are willing to work towards resolving the issues.

 

Make sure to ask questions if anything is unclear and take notes during the meetings. If you feel you need support you can ask to have someone you trust with you for support. In some meetings you can have your solicitor with you. Ask for the minutes of every meeting from the local authority and check them through to make sure they are an accurate record of what was agreed and discussed.

 

Keep detailed records

Try to keep a record of all interactions with social services, including meetings, phone calls, and visits. This can be helpful if the matter escalates to court, as it will show your active involvement and cooperation and any steps you have taken to address social services' concerns.

 

Familiarise yourself with the court process

If your case does proceed to court, it's essential to understand the different stages involved:

  • Starting proceedings: Social services initiate legal proceedings through care proceedings. They may seek an urgent hearing if they are concerned the child is not immediately safe.
  • Case management hearing: This is the initial court hearing, during which the judge reviews the case and sets up a timetable for the rest of the case. The court will also order assessments to be undertaken by the Local Authority or by a medical expert such as a psychologist.
  • Assessments and reports: As the case progresses, professionals such as social workers, psychologists, or medical experts will assess your family situation. These reports will play a crucial role in shaping the court's decision.
  • Issue resolution and final hearing: If the matter is not resolved earlier, it will progress to a final hearing where a judge will decide about your child's future. The judge will consider all evidence presented before making a decision, called a judgment. The court has a range of orders it can make such as a care order, supervision order, or other orders relating to your child's living arrangements.

Prepare thoroughly for court

If your case reaches court, preparation is critical:

  • Follow court directions: The court will give specific instructions, such as submitting evidence, attending further hearings, or undertaking assessments. Failing to follow these directions can negatively affect your case.
  • Work with your solicitor: Your solicitor will help you to prepare your best case, including gathering and presenting evidence. Be open and honest with them so they can represent your interests effectively.
  • Address social services' concerns: Even if you disagree with social services' concerns, it's important to show that you are willing to address them. This might include attending parenting courses, making changes at home, or engaging in counselling to demonstrate you are taking their concerns seriously.

Keep your child's best interests at heart

Throughout the process, focusing on your child's welfare is vital. The court will always base its decisions on the best interests of the child, considering factors such as safety, emotional well-being, and stability. Keep this in mind as you engage with social services and the court, and try to show that you are prioritising your child's needs.

Understand the possible outcomes

Depending on the specifics of the case, the court may issue different types of orders:

  • Care Order: This allows the Local Authority to share parental responsibility with you for your child. If the Local authority think it is necessary to keep your child safe they may place your child into the local authority's care, meaning they could be placed with foster carers or with another family member.
  • Supervision Order: This allows your child to remain with you but with the local authority's support and assistance.
  • Child Arrangements Order: This sets out where your child will live and the arrangements for the child to spend time with the other parent with whom the child does not live.

It is important to understand the range of outcomes, even if some may not align with your expectations or wishes.

Conclusion

If social services are involved with your child and court proceedings are likely, taking the right steps early is crucial. Seek legal advice, cooperate with social services where possible, and keep thorough records. Most importantly, stay focused on your child's welfare. By doing so, you will be better positioned to navigate the legal process and demonstrate your commitment to your child's best interests.

 

If you need help with your child and social services and would like to speak to a child care solicitor contact us on 0800 1380 458 or through our contact form on the website . Our team of expert child care and family solicitors are here to help you.

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Ruth has 25 years’ experience in children's law.  She is a Director at Switalskis and is Head of our Child Care law team based in Huddersfield.

Director and Child Care Solicitor

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