Partner has a criminal record with child neglect on it

[Mumof1son]

Hi,
My partner has a criminal record with child neglect on it. It wasn’t his child but he was in the house when an incident took place but didn’t witness it. He was 1 of 4 people to be arrested for it but didn’t go to jail for it. Just got child neglect on his criminal record and the girl lost custody of the child months down the line for an issue of her own. Anyway, I have a nearly 3 year old from a previous relationship. My partner plays a very good father role to my son, never had any concerns about him and my son loves the bones of him. I was just wondering if anyone could give me any information as to what would happen if social services found out I was with this guy because of what’s on his criminal record. My son goes to nursery and they can see he’s well looked after and have never had any concerns regarding my son or his home life. Just for peace of mind I would like to know what could potentially happen. Thanks

[Suzie, FRG Adviser]

Dear Mumof1son

Welcome to the parents’ discussion board and thank you for your post. My name is Suzie and I am Family Rights Group’s online adviser.

You are worried as your current partner, who is not the father of your young son, has a criminal record in relation to child neglect. The child involved was not his child. However, the child was subsequently removed from their mother which you believe was for another issue.

You have no concerns about your partner’s involvement with your son and his nursery have no concerns. However, you are worried about how children’s services might view your partner’s involvement in your son’s life. From the information provided, they are not aware of his role with your son.

Neglect of a child is a very serious matter especially in terms of meeting the criminal threshold.

I am not sure exactly what is meant by your partner having a criminal record but not going to jail. He was arrested but did not go to prison. The Unlock Charity website states that a person will probably have a criminal record if they have ever accepted an official police caution, pleaded guilty or been found guilty in a criminal court. Your partner has given you his account of what happened. However, there may be information that he has not shared with you.

I cannot advise fully on such limited information. However, it is a serious concern that a person with a criminal record for child neglect is spending time with a young child without any social work assessment of the child’s situation. I think that children’s services would be concerned that this information has not been shared with them so that they could properly assess your son’s needs and assess any risk potentially posed to him by your partner. They would also be able to make any necessary checks to understand more about the criminal record. Although you state that the mother of the child involved lost care of her child for other reasons it is also unclear whether this was through care proceedings and the significance of the incident of child neglect.

I can see that you are in a difficult situation and unsure what to do. Your relationship is happy but you are worried about what your partner’s history might mean for you and your son. As a mother you have parental responsibility for your son; this includes making sure that he is safe including from other adults who could harm or mistreat him in some way. I understand that you want to be protective and make good decisions for your son which is why you are seeking advice.

I would strongly recommend that you contact children’s services directly to explain the situation to them, to inform them of what you know of your partner’s history and also to let them know about the positives in your relationship and with your son. It is always better if this information comes from you rather than someone else who may become aware of your partner’s history and be concerned. You can find your local children’s services’ department details online or you could contact the NSPCC directly to discuss the situation with them and they can refer or help you to self-refer.

Another step for you to consider is to do a Sarah’s Law application to see if there is any other relevant information about your partner that you should know about. Although this application allows an applicant to ask whether a whether a person known to their child has a record for child sexual offences you can also ask if they pose a risk to children for some other reason. This link here relates to the metropolitan police’s scheme but if you do not live in London your local police force will have a similar scheme. I would encourage you to do this too.

Children's services' response will depend on the circumstances including finding out more about your partner’s history. Please see this information about how children’s services work which sets out they respond to referrals and the different processes which follow including assessment, child in need plans and child protection enquiries.

Please see this information here about the actions children’s services may take in the most serious cases if they are very worried about a child’s safety.

Just to add, if your son’s father is unaware of your partner’s history he may also be concerned that you have not told him and that his son is spending time with him. He also has a duty to keep his son safe. If he is worried he may consider applying to the court for a Child Arrangements Order for your son to live with him.

I hope this helps.

Our freephone advice line 0808 8010366 is open from Mon to Fri (except bank holidays) , from 9.30 am to 3.00 pm, so please do call if you would like to speak with an adviser. Or you are welcome to post again on this forum if you prefer.

Best wishes

Suzie