Social Services Have Contacted You
Being contacted by children's social services is alarming, but it does not mean your children will be removed. Understanding the process and your rights is essential.
Quick Answer
Do not panic, but do take it seriously. You have the right to know the concerns being investigated, to be treated with respect, and to access legal advice โ including legal aid. Cooperate with reasonable requests but do not provide information without understanding your position. Keep records of all contact.
Full Explanation
Children's social services have duties under Parts III, IV, and V of the Children Act 1989. Part III imposes a general duty to safeguard and promote the welfare of children in need. Part IV relates to care and supervision orders. Part V gives local authorities power to investigate (under s.47) when they have reasonable cause to suspect a child is suffering, or is likely to suffer, significant harm.
A s.47 enquiry is not the same as care proceedings โ most s.47 enquiries result in no further action, or in the family being offered voluntary support services under Part III. The first contact you receive may be a request for a 'child and family assessment' (formerly a core assessment). You are not legally required to agree to this, but refusing entirely may escalate concerns.
You have a right to request in writing the specific threshold concerns โ exactly what harm is alleged, what the basis for concern is, and what information has been received. The local authority must act in a transparent way and share relevant information with you except where doing so would prejudice a criminal investigation.
Legal aid is available for parents who are subject to public law children proceedings without a means test. Even at the pre-proceedings stage (the 'PLO' โ Public Law Outline โ process), a family panel solicitor can advise you. Contact a family law solicitor immediately if you receive a letter about a pre-proceedings meeting (PPM) or a letter before proceedings.
A Family Group Conference (FGC) is a voluntary process that brings together your wider family network to develop a plan to keep children safe within the family. Many local authorities offer FGCs and they can be a powerful way of demonstrating that family support exists without court involvement.
Legal Basis
- ยงChildren Act 1989 Part III โ general duty to safeguard children in need
- ยงChildren Act 1989 s.47 โ duty to investigate risk of significant harm
- ยงChildren Act 1989 s.17 โ duty to provide services for children in need
- ยงPublic Law Outline (PLO) โ Practice Direction 12A, Family Procedure Rules 2010
- ยงLegal Aid, Sentencing and Punishment of Offenders Act 2012 โ public law children legal aid (non-means-tested)
What To Do
Instruct a Family Panel Solicitor Immediately
Contact a solicitor who is on the Law Society's Children Panel or has experience in public law family cases. Legal aid is available regardless of your income for public law children proceedings. Do not attend any meetings with social services alone until you have taken advice.
Request the Threshold Concerns in Writing
Ask the allocated social worker in writing (email is fine) to set out the specific concerns, what harm is alleged, and what information they have received. You are entitled to know what is being investigated.
Keep Detailed Records
Note the date, time, and content of every interaction with social services. Keep copies of all letters, emails, and assessments. These records may be vital in proceedings.
Engage Cooperatively but Carefully
Cooperate with reasonable requests (home visits, assessments) as non-cooperation can be used against you. However, do not make admissions or sign agreements without understanding their implications. Ask your solicitor before agreeing to a Child Protection Plan or Pre-Proceedings Plan.
Consider a Family Group Conference
Ask the social worker whether a Family Group Conference is available. This allows your wider family and support network to create a plan to safeguard the children, which may prevent escalation to court proceedings.
Important Deadlines
Important Warnings
A Child Protection Conference does not remove your children โ it results in a Child Protection Plan. Only a court can make an order removing a child, except in an emergency under s.46 (police protection, 72 hours) or s.44 (Emergency Protection Order, 8 days).
If you are asked to sign a 'written agreement' or 'safety plan' by social services, have it reviewed by a solicitor first โ these can be used as evidence in later proceedings.
Non-engagement or hostility towards social workers is regularly cited in court proceedings as a concern โ cooperate, but take legal advice first.