Hi all,
So I’m currently living with my partner and her two children and we have a very healthy relationship
and home life I also have a further two children of my own who I have a healthy co-parenting relationship with and have done for 10 years.
Now here’s where it gets sticky. Recently I was arrested on suspicion of importing drugs into the uk and have since been released under investigation now I have no involvement in this what so ever I was simply in a co workers address when the police came knocking and that lead police to take me in for questioning.
This then lead to my current address where I live with my partner and children to be searched by police! Lucky the children was at school so wasn’t exposed to it directly and don’t know it happened.
However here is some total
Transparency from me they found steroids in our address I’m a life long body builder who has competed and they’re not illegal to be in possession of. They didn’t seize them or anything like that so I assumed all was fine. I have a very sketchy criminal history that involves firearms and violence towards other males only nothing domestic related on my record however many years ago My ex wife reported me for sending mail to her address, however after interview the police took no further action as the deemed it to be of no gain to me it was marketing mail from when it was the marital home.. things you don’t even thing about changing.
I’ve been transparent with my partner from day one about my criminal past to the extent I’ve gave her a copy of my entire record that I obtained from the police so she knew from day one I had a history as some of us do. I can honestly say that’s behind me there’s one recent incident in 2020 where I assaulted a neighbour after I caught him on camera damaging my truck for no apparent reason when confronted him it got physical. I admitted to the crime and once disclosed to the court how it came about he gave me a caution and issued court costs to he paid.
So that’s my background on paper I look like a ***** that can’t be avoided. However as stated we’ve had a very healthy relationship between me and my partner and me and her boys and them and my children we all spend a lot of time together.
social services have recently been Intouch and said they need to carry out a section 47 due to the nature of the offence I was arrested for… importing drugs to the uk. she’s absolutely mortified and it’s really putting a strain on our relationships as she don’t want her children exposed to that what I totally understand.
I have a huge amount of respect for social services and what they do to protect children and vulnerable people i understand why the system is in place.
my only question here is is this section 47 lawful, they said they’ve received a referral from the police following the search and the nature of the offence but everything I read online states
“There is reasonable cause to suspect that a child is suffering or likely to suffer significant harm in the form of physical, sexual, emotional abuse or neglect”
I’m struggling to see the connection between my alleged offence that I’m sure will be dropped once the investigation is concluded and the above statement as the reason a section 47 is carried out. What’s also confusing is social services haven’t contacted the mother of my children and requested the same thing be carried out surely if this was in the interest of protecting children they would reach out to the parent of the children I often take off alone and have overnight at our address also?
I tried to speak to the social worker to try and understand why but she was very rude spoke over me and didn’t allow me to finish any questions I was trying to ask and just shut me down and devalued anything I did try to say.
I’m not trying to pay the victim here but I feel right now social services are on the verge of breaking up a very happy loving and safe home.
I’m sure I’m going to get a bashing here but any honest advice would be appreciated is this section 47 lawful? Should I seek a family lawyer at this stage? My partner is massively distressed as she’s concerned of the repercussions when her ex husband is informed.. understandable we just wanna move past this as quickly as possible with the least impact on the children.
thanks In advance
Section 47 after police referral
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Suzie, FRG Adviser
- Posts: 4996
- Joined: Mon Jul 04, 2011 2:57 pm
Re: Section 47 after police referral
Dear Gamble8373
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.
Children’s services have recently become involved with your partner’s children. You live together as a family. They have not involved your own children at this stage. They live with their mother. You are closely involved with your children, care for them alone and they stay overnight with you and your partner too.
You have provided a very frank and detailed summary of the current police investigation and your past criminal history. Police are investigating in relating to an alleged drugs offence. Your history includes firearms, assault (on adult males) and an allegation by your ex-wife about post sent to her home. Police took no further action in relation to your ex-wife’s allegation. When police searched your home recently they found (legal) steroids.
If you have any queries or concerns in relation to your criminal record you could contact Unlock, a charity that helps people who have a criminal record.
Children’s services are completing a child protection investigation (also known as making Section 47 enquiries) in relation to your partner’s children. She is very concerned about this and worried about her children’s father’s response. This is understandable. He may question whether the children are safe in their mother’s care. He could consider exercising his parental responsibility and keeping the children with him.
You want to know if this investigation is lawful.
Children’s services have a legal duty to investigate if they receive information that children may be at risk of significant harm . The definition of significant harm is quite broad. The decision to begin a child protection investigation is made at a strategy meeting. Parents are not invited to this meeting which is a multi-agency professional meeting. The information shared by the key agencies involved with children (children’s services, police, health, and education) allows a decision to be made about whether a child protection investigation is necessary, if there is reasonable cause to suspect the child is suffering or is likely to suffer significant harm. In your situation, police were the referring agency and most likely held the most relevant information which determined that children’s services should investigate. The strategy meeting then decides the strategy to be followed. This includes the roles of the different agencies, how the enquiries will be carried out, who will be involved and what information will be shared. At this stage, no decision has been made that the children are suffering harm. But it is suspected that they may be. A decision that children are at risk of continuing significant harm can only be made at an initial child protection conference.
You can find out more about child protection procedures in statutory government guidance:
Working Together to Safeguard Children (2018).
On the information provided, it does not seem unreasonable or unlawful that a decision was made to carry out a child protection investigation. The focus of this is to determine any potential risk of harm to the children. There may be a range of concerns e.g. about access to drugs in the home, risk from criminal associates, violence. The purpose of the investigation is to gather and analyse information to decide if the concerns are substantiated and if the child is likely to suffer significant harm. This would then lead to a conference, as stated. But there can be different outcomes too e.g. if the concerns are not substantiated or they are but it is not considered that the children will suffer significant harm. There is a flow chart on page 44 of Working Together which sets this out.
It may be that the professionals at the strategy meeting were not aware that you are an involved father with two children of your own. Or perhaps there is a concern that the potential current risk relates to your current home and family life. It is unfortunate that when you tried to clarify this with the social worker they shut you down. You could send an email to the social worker, copying in their manager, asking for a response to your questions about your own children. As you do not have parental responsibility for your partner’s children they will focus on working with her to ensure that her children are safeguarded.
My advice is that you and your partner cooperate with children’s services so that you can ensure that they have a full picture of family life and your views about the situation. Our advice on child protection and our tips for working with a social worker may help. The child protection enquiries will continue with or without your partner’s cooperation as parental consent is not required. But it is always better to be part of the process.
Children’s services should ensure that they are clear about:
• What the concerns are
• What is expected of your partner and you – for example, what needs to change if the children are to be kept safe and well
• What is and is not negotiable.
You and your partner can get legal advice from a solicitor (with children law accreditation) at any time that you want. At present, only your partner’s children are involved as the investigation is into their welfare. There is no legal aid available when there is a child protection investigation so a parent would have to pay privately. Until you know the outcome of the investigation, however, a solicitor’s role may be very limited.
If your partner wants free private law advice i.e. in relation to the children’s father, she can contact Child Law Advice.
I hope this helps.
Please post again if you have a further query. If you prefer to speak to an adviser please call the freephone helpline on 0808 8010366. The lines are open Mon to Fri, 9.30 am to 3.00 pm (except bank holidays). You can also get in touch via web chat or advice enquiry .
With best wishes
Suzie
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.
Children’s services have recently become involved with your partner’s children. You live together as a family. They have not involved your own children at this stage. They live with their mother. You are closely involved with your children, care for them alone and they stay overnight with you and your partner too.
You have provided a very frank and detailed summary of the current police investigation and your past criminal history. Police are investigating in relating to an alleged drugs offence. Your history includes firearms, assault (on adult males) and an allegation by your ex-wife about post sent to her home. Police took no further action in relation to your ex-wife’s allegation. When police searched your home recently they found (legal) steroids.
If you have any queries or concerns in relation to your criminal record you could contact Unlock, a charity that helps people who have a criminal record.
Children’s services are completing a child protection investigation (also known as making Section 47 enquiries) in relation to your partner’s children. She is very concerned about this and worried about her children’s father’s response. This is understandable. He may question whether the children are safe in their mother’s care. He could consider exercising his parental responsibility and keeping the children with him.
You want to know if this investigation is lawful.
Children’s services have a legal duty to investigate if they receive information that children may be at risk of significant harm . The definition of significant harm is quite broad. The decision to begin a child protection investigation is made at a strategy meeting. Parents are not invited to this meeting which is a multi-agency professional meeting. The information shared by the key agencies involved with children (children’s services, police, health, and education) allows a decision to be made about whether a child protection investigation is necessary, if there is reasonable cause to suspect the child is suffering or is likely to suffer significant harm. In your situation, police were the referring agency and most likely held the most relevant information which determined that children’s services should investigate. The strategy meeting then decides the strategy to be followed. This includes the roles of the different agencies, how the enquiries will be carried out, who will be involved and what information will be shared. At this stage, no decision has been made that the children are suffering harm. But it is suspected that they may be. A decision that children are at risk of continuing significant harm can only be made at an initial child protection conference.
You can find out more about child protection procedures in statutory government guidance:
Working Together to Safeguard Children (2018).
On the information provided, it does not seem unreasonable or unlawful that a decision was made to carry out a child protection investigation. The focus of this is to determine any potential risk of harm to the children. There may be a range of concerns e.g. about access to drugs in the home, risk from criminal associates, violence. The purpose of the investigation is to gather and analyse information to decide if the concerns are substantiated and if the child is likely to suffer significant harm. This would then lead to a conference, as stated. But there can be different outcomes too e.g. if the concerns are not substantiated or they are but it is not considered that the children will suffer significant harm. There is a flow chart on page 44 of Working Together which sets this out.
It may be that the professionals at the strategy meeting were not aware that you are an involved father with two children of your own. Or perhaps there is a concern that the potential current risk relates to your current home and family life. It is unfortunate that when you tried to clarify this with the social worker they shut you down. You could send an email to the social worker, copying in their manager, asking for a response to your questions about your own children. As you do not have parental responsibility for your partner’s children they will focus on working with her to ensure that her children are safeguarded.
My advice is that you and your partner cooperate with children’s services so that you can ensure that they have a full picture of family life and your views about the situation. Our advice on child protection and our tips for working with a social worker may help. The child protection enquiries will continue with or without your partner’s cooperation as parental consent is not required. But it is always better to be part of the process.
Children’s services should ensure that they are clear about:
• What the concerns are
• What is expected of your partner and you – for example, what needs to change if the children are to be kept safe and well
• What is and is not negotiable.
You and your partner can get legal advice from a solicitor (with children law accreditation) at any time that you want. At present, only your partner’s children are involved as the investigation is into their welfare. There is no legal aid available when there is a child protection investigation so a parent would have to pay privately. Until you know the outcome of the investigation, however, a solicitor’s role may be very limited.
If your partner wants free private law advice i.e. in relation to the children’s father, she can contact Child Law Advice.
I hope this helps.
Please post again if you have a further query. If you prefer to speak to an adviser please call the freephone helpline on 0808 8010366. The lines are open Mon to Fri, 9.30 am to 3.00 pm (except bank holidays). You can also get in touch via web chat or advice enquiry .
With best wishes
Suzie
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Starwars90
- Posts: 18
- Joined: Tue May 04, 2021 12:37 pm
Re: Section 47 after police referral
Suzie’s response will no doubt answer most of your questions but thought I’d give a few comments from someone who has experienced the child protection process first hand.
The prognosis below may seem overly pessimistic, but it’s probably best to expect the worst and hope for the best.
Section 47 is very serious, it’s the process by which the local authority can put children on the child protection register. If they decide not to put them on the register, that’s great, they will still be involved, but not as intrusively as if on register.
If however, they do go on the register, the parent whom children live with can expect fortnightly visits from social worker, announced and unannounced, contact with children may be subject to a ‘safety plan’ which will stipulate when and what type of contact eg supervised /unsupervised .
If their is a safety plan and it was to be seriously breached they can escalate upto ‘PLO’ which is threatening to put children into care unless their ‘concerns’ are addressed. It’s a judge who makes decision but you can guess who whispers in their ear.
Local authority will hold regular child protection conference and core meetings ( more regular between conferences) where they will at start of each meeting, get out the danger statement reminding you why they are involved .
Once on the register, there are registration review meetings held every 3 to 6 months. At the registration review meetings, they vote whether the children should be on the register and give a rating out of 10 of what the perceived risk is. Expect to start near to 0 . Even though there are many professionals in the meeting, you can guess who is whispering in their ears about how they should vote. They stay on the register until Children Services decide. Once on the register, you can expect that the registration will be renewed in the first child protection conference.
The stage you want to get to is where social Services decides that there is evidence to show you are not a risk. social Services should be carrying out assessments, promptly, and commissioning assessments from third parties, where appropriate. however, in reality, you’ll probably find that you’ll be waiting many many months for them to do anything.
The process will likely put a huge strain on your relationship. social Services will put pressure on your partner to distance themselves from you.
I hope your experience is nowhere near as bad as this but I don’t think anything I’ve said exaggerates that this process is extremely stressful . Come back here and post updates.
The prognosis below may seem overly pessimistic, but it’s probably best to expect the worst and hope for the best.
Section 47 is very serious, it’s the process by which the local authority can put children on the child protection register. If they decide not to put them on the register, that’s great, they will still be involved, but not as intrusively as if on register.
If however, they do go on the register, the parent whom children live with can expect fortnightly visits from social worker, announced and unannounced, contact with children may be subject to a ‘safety plan’ which will stipulate when and what type of contact eg supervised /unsupervised .
If their is a safety plan and it was to be seriously breached they can escalate upto ‘PLO’ which is threatening to put children into care unless their ‘concerns’ are addressed. It’s a judge who makes decision but you can guess who whispers in their ear.
Local authority will hold regular child protection conference and core meetings ( more regular between conferences) where they will at start of each meeting, get out the danger statement reminding you why they are involved .
Once on the register, there are registration review meetings held every 3 to 6 months. At the registration review meetings, they vote whether the children should be on the register and give a rating out of 10 of what the perceived risk is. Expect to start near to 0 . Even though there are many professionals in the meeting, you can guess who is whispering in their ears about how they should vote. They stay on the register until Children Services decide. Once on the register, you can expect that the registration will be renewed in the first child protection conference.
The stage you want to get to is where social Services decides that there is evidence to show you are not a risk. social Services should be carrying out assessments, promptly, and commissioning assessments from third parties, where appropriate. however, in reality, you’ll probably find that you’ll be waiting many many months for them to do anything.
The process will likely put a huge strain on your relationship. social Services will put pressure on your partner to distance themselves from you.
I hope your experience is nowhere near as bad as this but I don’t think anything I’ve said exaggerates that this process is extremely stressful . Come back here and post updates.
-
Suzie, FRG Adviser
- Posts: 4996
- Joined: Mon Jul 04, 2011 2:57 pm
Re: Section 47 after police referral
Dear StarWars90
Welcome back to the parents’ discussion board. Thank you for your post. You have taken the time to provide another parent with the benefit of your experience of child protection processes. You have described very clearly both how serious child protection is and how stressful it usually is for all those involved.
However, I wanted to clarify some of the information provided for the benefits of parents using this forum so that they have access to accurate information.
Child protection conferences:
Decision making – all professionals at the conference provide a report and contribute to the decision-making. Some children’s services use a ‘scoring’ mechanism but not all do.
Every child’s situation will be considered on its own merit so there are no presumptions about how the risk will be assessed. The Chair has overall responsibility for decision-making. It is not accurate to say that professionals from police, health and education have someone ‘whispering in their ears’. All professionals work together to safeguard the child from harm in the future, they have individual responsibility too. Again, when a child protection plan is reviewed at a Review conference the same process is followed to decide if the threshold is still met for the plan to continue.
Public Law Outline:
It is important to clarify that if children’s services are very worried about children’s safety and are thinking of beginning care proceeding thy must first go through a pre-proceedings process. Parents will have a solicitor to assist them in this situation. Their advice and attendance at pre-proceedings meetings will be free for parents. It is right to say that this can lead to court proceedings but it can also prevent care proceedings from happening if it leads to changes being made and support offered to address the child protection concerns. Parents may find this information helpful in understanding more about this. Also, it is correct that the court makes decisions in care proceedings but all parties are represented. Parents may find it helpful to look at this FAQ which explains what the court must look at to make decisions for children and who the court hears evidence from.
The focus in all of this is the children’s needs, their safety and welfare. Risk assessments and assessments of parenting capacity are used to help inform decision making. It is always a good idea for parents to access independent advice and to ask to be kept as involved and informed as possible. Where the concerns relate to a partner’s behaviour (not a parent’s behaviour) the main focus will be on working with the parent to make sure their children are safe and well.
I hope this helps explains the processes more clearly and that it may be useful to other parents.
Best wishes
Suzie
Welcome back to the parents’ discussion board. Thank you for your post. You have taken the time to provide another parent with the benefit of your experience of child protection processes. You have described very clearly both how serious child protection is and how stressful it usually is for all those involved.
However, I wanted to clarify some of the information provided for the benefits of parents using this forum so that they have access to accurate information.
Child protection conferences:
Decision making – all professionals at the conference provide a report and contribute to the decision-making. Some children’s services use a ‘scoring’ mechanism but not all do.
Every child’s situation will be considered on its own merit so there are no presumptions about how the risk will be assessed. The Chair has overall responsibility for decision-making. It is not accurate to say that professionals from police, health and education have someone ‘whispering in their ears’. All professionals work together to safeguard the child from harm in the future, they have individual responsibility too. Again, when a child protection plan is reviewed at a Review conference the same process is followed to decide if the threshold is still met for the plan to continue.
Public Law Outline:
It is important to clarify that if children’s services are very worried about children’s safety and are thinking of beginning care proceeding thy must first go through a pre-proceedings process. Parents will have a solicitor to assist them in this situation. Their advice and attendance at pre-proceedings meetings will be free for parents. It is right to say that this can lead to court proceedings but it can also prevent care proceedings from happening if it leads to changes being made and support offered to address the child protection concerns. Parents may find this information helpful in understanding more about this. Also, it is correct that the court makes decisions in care proceedings but all parties are represented. Parents may find it helpful to look at this FAQ which explains what the court must look at to make decisions for children and who the court hears evidence from.
The focus in all of this is the children’s needs, their safety and welfare. Risk assessments and assessments of parenting capacity are used to help inform decision making. It is always a good idea for parents to access independent advice and to ask to be kept as involved and informed as possible. Where the concerns relate to a partner’s behaviour (not a parent’s behaviour) the main focus will be on working with the parent to make sure their children are safe and well.
I hope this helps explains the processes more clearly and that it may be useful to other parents.
Best wishes
Suzie
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