If children’s services are worried a child may not be safe at home because of their parent or carer’s misuse of drugs or alcohol, they may decide they need to begin a pre-proceedings process. During this process, children’s services will assess the family and consider whether they need to begin care proceedings to keep the 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.
But if children’s services think immediate steps need to be taken to protect a child they may:
- Ask for a parent or carer or another person with parental responsibility, to agree to the child being cared for elsewhere under a voluntary arrangement. This could be with a relative or with unrelated foster carers for example. See our Children in the care system under voluntary arrangements (section 20) page for further information.
- Ask police to take steps to protect the child (police protection) if there is not time for children’s services to go to court for an order to protect the child. Or if the police reach the child first (for example, they are called to an emergency) they may simply exercise these powers.
- Ask the Family Court to make an urgent court order to protect the child, by removing them to the care of a relative. Or to unrelated carers. This could be an emergency protection order for example.
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. Our Care proceedings page also provides more information about police protection.
How children’s services respond will depend on the precise situation. But whatever steps are taken, it will be important for any parent or carer to seek urgent legal advice.
Our guide to Working with a solicitor guide explains how to find a solicitor.
It is important to remember that children’s services:
- Should work in partnership with children and families. See our Children’s services page for information about this
- Should explore what help and support wider family and friends may be able to provide. A family group conference can be a good way to do this.
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. See our Family group conferences: advice for families page for further advice.
And social workers from children’s services cannot themselves remove a child from their parent or carer unless either:
- The Family Court has approved a plan for this to happen and made an order so that plan can be put into action or
- A parent (or someone else) with parental responsibility for the child has given their real and voluntary agreement to this happening and no one else who is able (entitled) to object, is objecting to this. The law says only certain people with parental responsibility can object. See our Quick facts about voluntary arrangements below.