Child protection conference

[Rainbowbabymumma]

Hi,
I have one 5 year old son.

We are about to have a second child protection conference.

I am concerned if you have a repeat child protection conference, they may decide to go to legal advice. We havent had services involved for about a year since the last one.
Does anybody know if this is true?

The previous plan ended due to a child arrangement order being put into place. The court ordered that parents have 50.50 and monitor contact themselves.
Can social services override this?

The concern is about me and my poor mental health as his mum. The social worker has asked his dad how he knows I'm well and how our child is in-between contact. He said he didn't know.

It is confusing given the court approved this plan and it was for ME to decide if I was well enough to see my child. If I wasn't then I would temporarily be supervised or cease contact until I feel better. I am not sure how social services can over ride this. Given they approved it, which seems kind of ironic now.

Basically can child services over ride a court order. I'm being supervised at the moment. However, legally, I COULD be having my son. I am confused.

Many thanks for any advice.

[Suzie, FRG Adviser]

Dear Rainbowbabymumma,

Thank you for your post and welcome to the parents’ forum. I am Suzie, an online adviser responding to you today.

You are concerned about a forthcoming initial child protection case conference.

A child arrangements order for your son is in place that gives you and your son’s father shared care on a 50.50 basis. It sounds like you are not caring for your son for 50% of the week right now but instead are having contact with him. You explain that the court agreed that you can decide on whether you are well enough to care for or have contact with your son and that children’s services were consulted and agreed that this was a safe enough plan.

The child arrangements order hearings took place within private law proceedings, but children’s services were involved to assess/ advise the court and agreed that these arrangements were safe and in your son’s best interests at that time.

Public law proceedings brought by children’s services in circumstances where there is concern about significant harm to a child and are different to private family law applications.

You explain that children’s services held a previous initial child protection conference, but you do not say what the outcome of that conference was and whether your son was placed on a child protection plan back then. You do detail that your family have had no children’s services involvement for about a year.

The present concerns centre on your mental health difficulties and whether contact is safe for your son when you are unwell.
You express your worry that the decision to hold an initial child protection case conference is a prelude to the local authority seeking legal advice.

Please be aware that child protection procedures stand separately from public law proceedings such as pre-proceedings or care proceedings. Before considering any application to a family court children’s services must first seek to work collaboratively with parents within a child in need or child protection framework. However, when children’s services feel that they cannot work with a family successfully they are under a statutory obligation to consider legal proceedings to protect the child.

You are understandably anxious about the decision to hold a further initial child protection case conference but this in itself does not foreshadow an escalation to legal planning. The best course is for you and your child’s father to work with the professionals involved at this stage. The Family Rights Group guide to working with a social worker may be helpful to you here.

As you are probably aware an initial child protection case conference brings together professionals who know your child to decide on whether your child is at risk of significant harm and would benefit from a child protection plan, a child in need plan or whether no further action is needed.

You can read more about initial child protection case conferences here. Child protection plans are here and child in need plans are described here.

As a person with mental health difficulties you could ask children’s services to help you find an advocate to support you at the case conference. Family Rights Group have a template later you can use for this here. (Please look at letter 1)

A guide to working with an advocate is here.

You can also link to the Family Rights Group page on how children’s services should work with adults with mental ill-health here.

You write that the social worker asked your son’s father how he decides whether you are well enough to have contact for your son and replied that he has no strategy for this. This is an area you could both address and offer reassurance about any risk to children’s services. Are there family members or friends who could help you two parents communicate about fluctuations in your mental health and how this affects planning for your son’s care and contact?

Family group conference may be a way to explore this question more fully. This is a way for the family and friends network around your son to come together with the help of a professional chair to talk about how they can support his needs so that he can remain living safely within the care of his parents. You can read more about family group conference here.

I hope this information was useful to you. Please feel free to come back to us for further support.

There are many different ways to contact Family Rights Group.
• A free telephone advice line open Monday to Friday between 9.30am and 3pm (excluding Bank Holidays) on 0808 801 0366
• Easy-to-follow online information. Features include an A-Z, FAQs, films, ‘top tips’ and legal advice sheets;
• Online forums where families can receive advice, discuss issues, and find support;
• A webchat service where you can message an adviser online, who will help you find information and advice to support you.
• A web enquiry form – to help you submit an email and receive a reply within five working days.

Best wishes,
Suzie

[Rainbowbabymumma]

Dear Rainbowbabymumma,

Thank you for your post and welcome to the parents’ forum. I am Suzie, an online adviser responding to you today.

You are concerned about a forthcoming initial child protection case conference.

A child arrangements order for your son is in place that gives you and your son’s father shared care on a 50.50 basis. It sounds like you are not caring for your son for 50% of the week right now but instead are having contact with him. You explain that the court agreed that you can decide on whether you are well enough to care for or have contact with your son and that children’s services were consulted and agreed that this was a safe enough plan.

The child arrangements order hearings took place within private law proceedings, but children’s services were involved to assess/ advise the court and agreed that these arrangements were safe and in your son’s best interests at that time.

Public law proceedings brought by children’s services in circumstances where there is concern about significant harm to a child and are different to private family law applications.

You explain that children’s services held a previous initial child protection conference, but you do not say what the outcome of that conference was and whether your son was placed on a child protection plan back then. You do detail that your family have had no children’s services involvement for about a year.

The present concerns centre on your mental health difficulties and whether contact is safe for your son when you are unwell.
You express your worry that the decision to hold an initial child protection case conference is a prelude to the local authority seeking legal advice.

Please be aware that child protection procedures stand separately from public law proceedings such as pre-proceedings or care proceedings. Before considering any application to a family court children’s services must first seek to work collaboratively with parents within a child in need or child protection framework. However, when children’s services feel that they cannot work with a family successfully they are under a statutory obligation to consider legal proceedings to protect the child.

You are understandably anxious about the decision to hold a further initial child protection case conference but this in itself does not foreshadow an escalation to legal planning. The best course is for you and your child’s father to work with the professionals involved at this stage. The Family Rights Group guide to working with a social worker may be helpful to you here.

As you are probably aware an initial child protection case conference brings together professionals who know your child to decide on whether your child is at risk of significant harm and would benefit from a child protection plan, a child in need plan or whether no further action is needed.

You can read more about initial child protection case conferences here. Child protection plans are here and child in need plans are described here.

As a person with mental health difficulties you could ask children’s services to help you find an advocate to support you at the case conference. Family Rights Group have a template later you can use for this here. (Please look at letter 1)

A guide to working with an advocate is here.

You can also link to the Family Rights Group page on how children’s services should work with adults with mental ill-health here.

You write that the social worker asked your son’s father how he decides whether you are well enough to have contact for your son and replied that he has no strategy for this. This is an area you could both address and offer reassurance about any risk to children’s services. Are there family members or friends who could help you two parents communicate about fluctuations in your mental health and how this affects planning for your son’s care and contact?

Family group conference may be a way to explore this question more fully. This is a way for the family and friends network around your son to come together with the help of a professional chair to talk about how they can support his needs so that he can remain living safely within the care of his parents. You can read more about family group conference here.

I hope this information was useful to you. Please feel free to come back to us for further support.

There are many different ways to contact Family Rights Group.
• A free telephone advice line open Monday to Friday between 9.30am and 3pm (excluding Bank Holidays) on 0808 801 0366
• Easy-to-follow online information. Features include an A-Z, FAQs, films, ‘top tips’ and legal advice sheets;
• Online forums where families can receive advice, discuss issues, and find support;
• A webchat service where you can message an adviser online, who will help you find information and advice to support you.
• A web enquiry form – to help you submit an email and receive a reply within five working days.

Best wishes,
Suzie
[/quote]


Hi suzie thank you so much for your fast reply

Our son had been on a child protection plan for a year. Social services were pushing the father to gain residency (social worker attended court with us), which he did, with a gradual build up to 50.50. I have been having my son 50.50 for about 6 months.

Thsnk you for the resssursnce about the legal side of things and how it is seperate.

The father has now told me that I am to have supervised and no overnights with my son and social services agree. However, on the court order it says I can. Is this worth challenging with the chair. Our conference is a week today.

Thank you for the information about an advocate and fsmily conference. They never tell me of support for me.
I think they just wanted me to go away and make their life easier.

I guess I wonder if I challenge the safety plan around my son, which is currently no sleepovers and supervision, will their concerns increase or so long as I am well enough (I am) then tell the chair that legally they csnt stop me?

I'd be interested in your thoughts. Thank you again for your reply. I've browsed this site a lot over the last couple of years and it has been so helpful.

[Suzie, FRG Adviser]

Dear Rainbowbabymumma

Thank you for your further post. I am pleased that you have found our website helpful and the advice given reassuring.

I see that there is a safety plan which appears to run counter to the court order in respect of contact. Was the court order made prior to the safety plan or the other way around. If the court order was made first did children’s services, make their concerns known to the court? If after the order, then children’s services should not say a court order is not be followed.

In your post you state that the father has told you that contact has to be supervised and no overnight stays. You say “. However, on the court order it says I can.” I take this to mean you can have both unsupervised contact and overnight stays. Children’s services agree with your son’s father, have you been given clear reasons why they consider this is appropriate. If not, ask the social worker to put these concerns in writing so you are clear about their reasons. In this way you can do something to address the concerns.

If the court ordered contact unsupervised and overnight stays it is unclear why you would have agreed a safety plan that offered something different.

You can raise your concerns with the Chair and explain what the court order allows.

If father is unwilling to follow the court order, then you could consider going back to court to enforce the terms of the court order. However, I suggest that before doing so, you can evidence to the court that there are no concerns about your mental health, that you are and have been well when contact has taken place. Nothing has happened for father and children’s services to be concerned about your son’s welfare in your care.

As above if you challenge the safety plan then you will need to show that you are well and there is little or no basis for the restriction on contact with your son.

You may wish to speak with one of our experienced advisers and can do so by telephoning our advice line on 0808 801 0366. The advice line is open from 9.30am to 3.00pm Monday to Friday (excluding Bank Holidays)

Hope this is helpful.

Best wishes

Suzie

[Rainbowbabymumma]

Hi susie thank you for replying , it is really helpful and kind

Our meeting ended up in him being put on a CIN plan but only because of the safety plan everyone agreed to. Otherwise it would have been CP.

TBH it feels like they don't know what they are doing. I said about the court order and the chair snapped and said I'd have to take legal advice. I told her it was ironic as THEY agreed with the court order and advised them etc. Yet now they are trying to alter it! With no legal rights too. You couldn't make it up.

[Suzie, FRG Adviser]

Dear Rainbowbabymumma,

Thank you for your updating post and I am glad you found the reply helpful.

You say that it was agreed that a child in need plan could be put in place instead of a child protection plan, which is positive. We have lots of information and advice on our website HERE about the child in need process which may be helpful for you to read.

If the father continues to not allow unsupervised and overnight contact and you are unhappy with this then you could consider going back to court to ask that the order be enforced. Please see my previous advice about this though – it is important that you can evidence to the court that there are no concerns about your mental health and that you are able to parent your child safely whilst he is in your care.

If you have more questions as things progress then please feel free to post again.

Best wishes,
Suzie