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Legal matters

removal of children by social services

8 replies

gwendolinemary · 08/09/2011 11:34

Hi, I need some advice on a very delicate subject and would be grateful if anyone can help.
If someone was found guilty of sexual touching of a child, but the judge did not put any conditions on their sentence about contact with their own children, would social services be able to remove their children from the home straight away or would they need a court order to do so?

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Collaborate · 08/09/2011 13:26

They will always need a court order, save where a police officer takes a child into their protection. If you are aware of such a family you should contact SS immediately in order to protect the abuser's own children.

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festi · 08/09/2011 13:28

they would always need an order.

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CombineArvester · 08/09/2011 13:33

They need a court order (either an emergency protection order or an interim care order) unless as Collaborate says, they are taken in to police protection or the parents consent to the children going in to care.

Really in a case like this I would have thought the investigating officers would've already notified children's services and children's services would be assessing.

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gwendolinemary · 08/09/2011 13:43

SS are involved, a judge ordered that the children remain at home until the outcome of the criminal trial is known as there is no evidence to suggest the children are at harm from the alleged abuser.
I just wondered whether the children would have to leave immediately after a guilty verdict or if it would wait for the next court date. SS seem very vague about what can and can't be done, only talking about what they want to happen.
Thanks.

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CombineArvester · 08/09/2011 14:25

I take it the offender hasn't been sent to prison then? I expect SS are trying to persuade the offender to leave the family home or persuade the other parent to consent to the children going to a family members home whilst assessments are carried out.

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festi · 08/09/2011 20:39

I think ss would in this have raise an investigation and that will take a little bit of time as there is proccesdure to follow still, They will need to meet with the family etc, make recomendations. I would suspect the recomendations will be as CombineArvester suggests. I would not have suspected the children will be removed imediatly as only a police officer can do that and not a social worker and that would generaly be under very life and death situations or abandonment.

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HarrietJones · 08/09/2011 20:48

Sw would encourage alleged offender to move out in the mean time. Other parent could be seen as not protecting their children( in case of the allegations being true).
Children would be likely to be under a CP investigation.

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gwendolinemary · 08/09/2011 22:30

Thank you for your help everyone.

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