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Are you a parent, kinship carer relative or friend of a child who is involved with, or who needs the help of, children’s services in England? We can help you understand processes and options when social workers or courts are making decisions about your child’s welfare.
Our advice service is free, independent and confidential.
To speak to an adviser, please call our free and confidential advice line 0808 801 0366 (Monday to Friday 9.30am to 3pm, excluding Bank Holidays). Or you can ask us a question via email using our advice enquiry form.
Our online advice forums are an anonymous space where parents and kinship carers (also known as family and friends carers) can get legal and practical advice, build a support network and learn from other people’s experiences.
Our get help and advice section has template letters, advice sheets and resources about legal and social care processes. On Monday and Wednesday afternoons, you can use our webchat service to chat online to an adviser.
Children’s services departments sometimes receive information that makes them suspect a child may not be safe or well cared for. This information is called a referral. If after receiving a referral, children’s services suspect a child is suffering significant harm, they must investigate this. This is called making child protection enquiries.
Our Child protection page has more information and advice. But the FAQs below provide some information fathers may particularly be looking for.
Can children’s services make a father leave the family home during the child protection process? Can they decide his child cannot see him?
Sometimes during a child protection process, children’s services will ask for one parent to agree to leave the family. This could be whilst child protection enquiries are ongoing. Or early on in an assessment process. Or it might be a request made as part of a child protection plan to keep a child safe.
During the child protection process children’s services cannot force a parent leave the family home. And they cannot prevent a child seeing their father.
BUT they can:
If a father is asked to leave the family home or it is recommended that he does not see his child, what should be do?
If a father is asked to leave the home, it is important children’s services explain clearly why this is being asked. If they are recommending a child does not see their father, they should explain the reasons for this. If children’s services are saying the child’s time with their father is supervised, again they should explain why they are recommending this.
A father in this situation can contact children’s services and ask them to put into writing:
It is a good idea to request this information in writing. This can be done even if these questions have already been asked in a meeting or during a telephone call with a social worker.
Asking for a response in writing is also important. It:
It is a good idea to work with children’s services. This could mean moving out for period while child protection enquiries are made.
What will happen if a father does not agree to leave the family home, but children’s services are still worried a child is unsafe at home?
If children’s services are worried a child may not be safe at home they may decide they need to begin a pre-proceedings process. This is a period of time and process where children’s services think about whether they need to apply to start care proceedings to keep a child safe. The parents or carers will have the chance to show whether they are able to care safely for their child. See our Pre-proceedings page for more information and advice.
Or children’s services may start care proceedings so they can ask the Family Court to:
See our Care proceedings page for more information about urgent court orders that children’s services can seek, including emergency protection orders and interim care orders.
It is very important that a father in either of these situations urgently finds a solicitor. To do this, search using the ‘how to find a solicitor’ function on the Law Society website. Look for someone who is a children law specialist. Or who has Children Law Accreditation. For information about finding a solicitor and working with them, please see our top tips guide ‘Working with a solicitor’.
Fathers may want to then:
Can children’s services remove a child during the child protection process?
Children’s services cannot themselves remove a child from their parent or carer unless either:
When a child is looked after in the care system under a voluntary arrangement a parent (or other carer) who has parent responsibility for the child is:
For more information and important advice about voluntary arrangements, including who can object to a voluntary arrangement see our Children in the care system under voluntary arrangements (section 20) page
Can a father have help from an advocate or supporter in meetings with children’s services during a child protection process?
Government statutory guidance says the child’s social worker should share information about advocacy agencies with families. This should happen where enquiries being made indicate a child is suffering significant harm. Or that they are likely to.
The guidance also says the social worker should explain that parents or carers may bring an advocate (who may be a solicitor) or supporter to a child protection conference (see Working Together 2018 at page 48).
Fathers who want to bring an advocate to the child protection conference might want to visit out Top tips & templates page to:
Why might a father want an advocate or supporter?
At times, fathers may find it hard to participate in meetings organised by their child’s social worker and others. A father who feels like this may find it easier if supported by an advocate. Or helped by a supporter.
An advocate is usually someone independent who can help a parent have their voice heard when plans or decisions are being made about their child. A supporter could be a friend of the family who is not directly involved in the current situation. That person can come to meetings and help them say what they would like to say.
An advocate (or supporter) can help a father to:
Is it possible for a father’s wider family and friends to be involved in the child protection process?
As part of their assessment, children’s services should consider what the wider family can offer to help meet the child’s needs (Working Together 2018, paragraph 52). This includes the paternal family even if the father does not have parental responsibility.
If the father wants his relatives to be more involved he can:
A family group conference is a family-led decision-making meeting. It brings together the whole family, and others who are important to the child. Together, at the family group conference, they make a plan for the child. A father doesn’t have to wait for children’s services to suggest this. They can ask for a family group conference to take place. See our Family group conference: advice for families page for more information.
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