As a parent, the very last thing you want to hear is that social services wish to remove your child from your care. It’s a deeply upsetting experience that may leave you with more questions than answers. While it’s important to seek legal advice right away, understanding more about the process can help you stay calm during a very stressful situation.
Why are social services involved, and why do they want to move my child?
Social services will become involved with your family if they believe your child is at risk of harm. That risk could take several forms, including abuse, neglect, or abandonment.
If they believe the situation at home poses a risk and hasn’t improved with their support, they may pursue legal action to remove the child from the unsafe environment and take them into care.
Can social services remove my child without a court order?
Removing a child from the family home is a decision that is never taken lightly. Social services always require a court order granting permission for the child to be placed in care.
If the situation is deemed serious enough, social services may apply to the court for an Emergency Protection Order (EPO). The EPO places the child into the care of the Local Authority for a short period – usually eight days, but it can be extended for an additional seven days if necessary. This allows the child to be cared for immediately, while other avenues are explored and investigations occur.
In very urgent situations, the police may become involved. They can place the child in protective care for 72 hours. This allows social services time to apply for a court order.
Following the EPO, social services may then make a second application to the court for an Interim Care Order or a Care Order.
- An Interim Care Order awards the local authority a share of parental responsibility. It allows the local authority to take your child into care for a maximum period of eight weeks. This allows time for reports and investigations to take place.
- A Care Order is a final order which gives the local authority parental responsibility for the child until the age of 18 unless the child is adopted or the order is discharged.
What happens after social services remove my child?
When your child is taken into care by social services, they may be placed with a foster family, in a dedicated home for children or with a family member or close friend. The court order makes the local authority legally responsible for the child’s welfare, but you will still retain parental rights.
How can I prevent social services from moving my child?
Social services will usually have been involved with your family before the decision to remove your child from the family home is taken. Participating fully in this process and accessing all available support resources can prevent the situation from escalating to this level.
What is a child protection plan, and how does it affect my family?
When there isn’t an urgent need for the child to be removed from the home right away, but serious concerns for the child’s welfare still exist, a Child Protection Plan will be developed. This will outline why social service intervention is needed and the steps you can take to keep your child safe. It will also outline resources available to you and set a schedule for visits with a social worker. If those efforts are not successful and the desired outcomes aren’t achieved, they may then apply to the court to remove the child from your care.
Will I be informed before social services move my child?
If an order is made to remove your child, you’ll be notified that a First Hearing will take place. You should get notice of this initial case management hearing via letter around seven days before the scheduled date.
You have the legal right to attend this hearing with your family solicitor and can offer your views to the court.
Can I get my child back? What is the process?
If the court grants a Care Order, you have the right to seek to appeal that decision. You must do this within seven days of an Interim Care Order being made and within 21 days of a Care Order being issued.
You can also apply to the courts to discharge a care order or to change a Care Order to a Supervision Order.
We understand that this is an enormously emotional time for your family. Our friendly, caring family solicitors can support you through this process to achieve the best possible outcome for your family. Contact us to find out more.
