Social Services Agreement?

[Poppy44]

I have a disabled child who is epileptic but also has autism, ADHD and learning difficulties. He went to school with marks on him and upon being asked how the marks had occurred he said he'd had a seizure. The school then rang me to see if I knew how the marks had occurred, but as I hadn't seen them when I had dressed him that morning I told them I had no idea. As the marks were unexplained the school rang social services who immediately sent a social worker to the school to interview my son. During the interview my son then stated that my boyfriend/partner had slapped him. My son was then taken from school to the hospital where he had a medical examination to which I consented. The medical said the marks were consistent with a slap, however there were no photo's taken of the marks and the marks had disappeared the next day. My son was removed from my home for 2wks and stayed with his father. His sister was allowed to remain with me. A Child Protection Conference was then held. It was decided that my son could return home to me, and he and his his sister were not to be put on a child protection plan but that my son would remain a Child In Need, and although my daughter was not to be included on any plan her needs would be considered at the CIN mtgs. which would follow.

I have now received the minutes from the Child Protection Conference which detail that my boyfriend/partner must not be allowed near my children but must also not be allowed near my home (whether the children are here or not). I cannot see why this be the case. The children go to their fathers every weekend and are at school 9-3pm every day. Therefore why can my boyfriend not be at my home during these periods? Can I not contest this decision?

My social worker has not yet been to see me since the CPC but I assume that when she does the next step would be for me to sign an agreement reflecting what was said at the CPC meeting. Do I have a right to refuse to sign this agreement until I have appealed the CPC decision.

The police are still investigating the allegations made. My boyfriend, myself, and my son have been interviewed. We are awaiting the outcome of this. I would like to add that my son has made allegations such as this before against various different people (some professional), however it is the medical report that seems to be corroborating what he says in this instance.

Thanks for any advice.

[Suzie, FRG Adviser]

Dear Poppy44,

Welcome to the parents forum.

I am sorry to hear about children’s services involvement with your family.

I am glad that there is only a child in need plan (which is with your consent-not compulsory like a child protection plan). Your son would be a child in need anyway because of his disability.

A child protection plan was not made because your boyfriend was not coming to the family home. If he still was, then I expect that there would have been a different decision the conference and a child protection plan put in place.

Until the police have completed their investigation into the allegations against your boyfriend, the professionals will not know whether your boyfriend is dangerous to your son. They have to take your sons allegations seriously-even more so because of his disability. It has to be properly investigated.
Even if the police decide to take no further action, children services may still want to continue with an assessment of your boyfriend’s risk.
The police have to prove-“beyond reasonable doubt” that an assault took place-which may be very difficult to do.
This compares with children services-which only need evidence that on the “the balance of probability” an assault happened.


You have suggested that your boyfriend come to your home when the children are not present. You could ask the social worker whether she would agree to this.

There may not be an agreement-instead a clause about your boyfriend not coming into your home may be part of the child in need plan. This should be reviewed on a regular basis.
However, if the social worker does draw up an agreement, ask to take it away before you sign it-so that you have the opportunity to get legal advice. I suggest that you put a review date in any agreement-may be when the police have made their decision.

Best wishes,

Suzie

[Poppy44]

Dear Suzie,

Social Services reported this incident to the police. I took a criminal solicitor to the police station when I went to give my statement. I had not had any feedback re the case (which happened 11/2/15) and therefore rang my solicitor to see if they could find out some information. They made enquiries with the police who has said the case is still in hand and they are still considering pushing forward with a prosecution against my boyfriend. When I made my statement to the police I said I did not see my boyfriend smack my son and I did not believe it had happened. It seems I may now be called to be a witness for my boyfriend, essentially against my own son. How do these type of cases usually proceed. Will the police not take into consideration what this may do the relationship between myself and my son before they make a prosecution?

[Suzie, FRG Adviser]

Dear Poppy44

Thank you for your further post on the Parents’ Forum.

You say the police are still carrying out their investigation of your partner following the disclosure made by your son that he slapped him.

As the case would be a criminal one if the Crown Prosecution Service decides (after the police finishes their investigation) that there is a case for your partner to answer, you will need to discuss the question of how the case will proceed with your criminal solicitor. If he is charged then he will have to attend court, what the court will want to do then is find out beyond reasonable doubt whether the offence was committed.

Advising on criminal law does not fall into the remit for Family Rights Group.

I do hope that the situation will be resolved for you soon.

Best wishes,

Suzie

[Poppy44]

Hi Suzie,

My solicitor has asked my social worker for a copy of the S47 inquiry and also the risk assessment done on my boyfriend. The social worker has not provided this for my solicitor because she says her manager has not yet signed it off. Can you please advise what the timescales are for completion??

The CPC was held on the 27th Feb 2015 and it was decided not to put a CPP in place, but that my son would remain a CIN. There have been follow up CIN meetings held already. The police have not yet concluded the criminal case therefore Social Services are saying they cannot advise me further on how my relationship with my boyfriend may or may not progress as far as the children are concerned until they know what the police intend to do.

It could take months for the police to decide what they want to do with regard to any charges and in the mean time I am not able to let my boyfriend into my house or near my children (I wish to appeal against the decision that he may not visit my house even if the children are not present). Is there any way of moving this forward with SS as I do not know what the future holds for my relationship at the moment or in fact whether there is any hope of this situation ever changing.

Thanks.

[Suzie, FRG Adviser]

Dear Poppy 44,

Assessments normally take up to 45 working days but can be shorter. Ask the social worker how long she expects the assessment to take.
The social worker is right to wait for the outcome of the police’s investigation. Even if there is a decision not to prosecute your boyfriend, it may still provide important information about your partner that need to be taken into consideration.

Have you asked that your boyfriend be allowed to come to the family home when your children are not present? You could give times when he might come?
It is common that an agreement will exclude a potential “risky” person from a family home at all times, particularly when there is a police investigation. This is often because it is difficult to police the arrangement.
So, for example, if your boyfriend was seen at the door of your family home-just when your son was returning home, this might cause your son to withdraw his evidence.
If children services do not agree to change the agreement, you could ask them to outline their reasons.

I would caution that even though you do not agree with them about this, it is really important that you are not be tempted to allow your boyfriend into your home and so breach the agreement.
If he was found there by a social worker or the police, they are likely to decide that that you may not be able to protect your child and take the matter down the child protection route.

I hope my advice helps. To get more in depth advice, you should also speak to your solicitor.

Best wishes,

Suzie