Dear winmau
Welcome to the parents’ discussion board. Thank you for posting. My name is Suzie. I am Family Rights Group’s online adviser. I am sorry for the delay in replying to you.
I can see that you and your family are going through a difficult situation. It is confusing and distressing for you. I will try to help you make sense of the situation and suggest what steps you and your partner may wish to take to move forward.
You explain that you were arrested by the police. You don’t say what the allegations were, but that they were false. However, the social worker told your partner they are concerned about your ‘behaviour and the risk of future conflict’ so they may be worried about
domestic abuse. Please see this link to
FAQs on domestic abuse for fathers.
You lived outside the family home during the police investigation and continue to do so. You explain that there is still a safety plan in place which specifies that meetings must be in public places.
It is not clear from your post if you are the children’s father. This matters because if you are the children’s father, with
parental responsibility (PR) for them, this means you have certain rights (and responsibilities). Your partner, the children’s mother, automatically has PR for them. Children’s services expect her to be protective and make safe decisions for the children.
Children’s services were initially involved under child protection procedures (
section 47 of the Children Act 1989). This has now stepped down to child in need (
section 17 of the Children Act 1989), where there should be a
child in need plan in place. This is a voluntary process needing parental consent. It is not a court process.
You wonder why children’s services remain involved despite the police decision to take no further action. This is because the police and children’s services have different roles and responsibilities. Police investigate whether a crime has been committed and whether there is sufficient evidence for a successful prosecution in a criminal court. Children’s services are the lead agency in supporting and protecting vulnerable children. They want to remain involved as they continue to have concerns based on evidence from their assessment gathered from a range of sources (not only the police) about the children’s developmental needs, parents’ parenting capacity and family/ environmental factors.
Children's services don't have PR for the children as the family court is not involved and has not made an order. So, they are recommending that you do not return home, yet. And they are asking you and your partner to continue to cooperate with the temporary safety plan.
It may be that they are offering a child in need plan because you are not living at home at present.
The social worker told your partner that they could escalate matters if you move back to the family home, without their approval. There isn’t a child protection order as such. If needed, they could convene a child protection conference to decide if the children need a child protection plan. In more serious situations, they could apply to the court for an
interim care order to protect them.
There are steps that you and your partner can take to clarify exactly what the current concerns are, to be clear about what the child in need plan proposes and to put forward what you would like to happen.
Child in need plans are about support and services for children and their families. This may offer you and your family an opportunity to make positive changes.
You/your partner can:
Email the social worker to ask for:
• A copy of the social worker’s
assessment of the children’s needs; this is where you can find out what information the social worker has gathered and how they analysed and made recommendations based on this.
You can comment and ask the social worker to amend any factual errors.
• A copy of the child in need plan.
• A review (or timescale for review) of the current temporary safety plan. It shouldn’t be open-ended. If you and your partner both want you to return home you can say so – but be prepared to work with children’s services to agree this as they have mentioned escalating matters if you just come back.
• Clarification about what they would like each of you to do to address their current concerns. This could be you doing a
Respect perpetrators course, a
Men and Masculinities course and your partner engaging with a domestic abuse service.
• Clarification of what support the children will be offered and why.
Children’s services now work under government guidance
Working Together to Safeguard Children (2023); this supersedes the 2018 version; it states that children’s services must develop child in need plans in line with local protocols and review regularly although it doesn’t specify the timescale. In practice, most local authority protocols state there should be no more than 3 months between reviews.
You can also:
• Think about whether a
family group conference (FGC) would help your family develop your own safe family plan. Please see this
link for more details.
• Get advice from a legal advice service, if unhappy about restricted contact with your children. Please see this
link to legal advice services.
I hope this is useful. If you would like to discuss your situation with an experienced adviser, please call the freephone advice line on 0808 8010366, 9.30 am to 3.00 pm, Mon to Fri. If you prefer you can post back, send an
advice enquiry form or use
webchat.
Best wishes
Suzie