I am very loathe to post here as a social worker with 30 years experience in child protection. I know from other threads about cp that I will be shor down in flames BUT I really am concerned at some of scaremongering on here which is it seems going to prevent some women from getting help with mental health problems.
It is ver sad that so many posters haave had negative experiences with social workers and I am in no sense trying to discount those experiences, but I think it needs to be understood that whilst sws might make crass comments at times, these will not serve as reasons to remove children from parents where they are not at risk of significant harm.
So many posters talk of social workers having so much power - this isn't entirely true. I am not going to try to change anyone's mindset as I know from experience this is impossible and I know that my post will make some you even more angry than you already are, but I just want to appeal to those of you still with an open mind that it is not possible for your children to be removed for the flimsiest of reasons and never returned to you. I would ask you to give consideration to the following facts about child protection and the removal of children from parents.
- No social worker can remove a child from their parents without a Court Order. Fact.
- The police have powers to remove a child under Powers of Police Protection for a period of not longer than 72 hours.
- If there is serious concern that a child is being significantly harmed or is likely to be significantly harmed and the sw thinks that the only way to keep the child safe is to remove him from parents they must seek an Emergency Protection Order (EPO) the application is made in court (sometimes at short notice) and the magistates will not usually grant a hearing ex-parte (without the parents being present) so right from the outset the parents have the opportunity to put their side of the case before any decision is made about removing the child.
- If the court does not make the EPO the child cannot be removed, regardless of what the sw might think. If the Order IS made the child can be removed for a period of 7 days.
- If the SSD think the child will be unsafe if returned home, they have to within 7 days apply to the court for an Interim Care Order (ICO) The court will need to hear evbidence from the social workers about their reasons for applying for this order. The parents will be legally represented and will be able to put their case to the court.
- If the ICO is not granted the child is returned home. If it is granted the child is not returned home. Arrangments will be made in almost all cases for their to be ongoing contact between the child and the parents. If it is avery young child, contact can be on a daily basis.
- There follows a lengthy period where there is a comprehensive assessment of the parents, and the circumstances that are giving rise for concern. They will make a recommendation to the court based on the best interests of the child
- The parents will have a psychological assessment and sometimes a psychiatric assessment. All those previously involved with the family e.g. HV, midwife, GP, nursery worker etc etc will write reports for the court.
- A guardian-ad-litem will be appointed (this is a social worker) who is completely independent of the SSD who have brought the aplication. The guardian will also make a comprehensive assessment of the case and make a recommendation to the court based on the best interests of the child. The guardian will appoint a solicitor to act for the child in the court case.
- Sometimes the family will be offered the opportunity of a residential assessment so that they can be monitored whilst caring for their children. In such cases the staff of the res resource will write a comprehansive report about the parenting capacity of the parents.
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On occasions the legal representiatives for the parents will request that the court agree to an independent social work assessment of the parents and their ability to parent the child and keep him safe. (I am involved as an ind sw in carrying out these kind of parenting assessments.) All the parties involved in the care proceedings have to agree to the appt of an ind sw and the judge has to agree. The court also have to agree on who is appointed to carry out this work.
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After all this there is a final hearing. All of the reports are presented to the court, and the parents make their own statements aided by their lawyers. They are fully entitled to legal aid for this purpose.
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Sometimes the parents will improve their parenting (come off drugs) for instance and the care proceedings are dropped and the child returned home. This can happen at any time before the final hearing.
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If it still felt the child is unsafe at home, there is a 4/5 day hearing during which everyone who has written a report has to provide evidence to the court (not just what they think/feel) but actual evidence to support what they are saying about the parents and the reasons why they are of the view that the child will not be safe at home.
PLEASE be assured that evidence of significant harm does not include the things mentioned in some of these posts, eg. mother has depression, not following routines etc etc. Any sw would know better than to try to present these things as risk of significant harm. Indeed the local authority lawyer conducting the case for the sSSD would refuse to act in such a case and it woul dnever reach court.
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Anyone writing a report or making a written statement can be expected to be examined and cross examined by any lawyer in the proceedings. It is routine for a lawyer acting for the parents to cross examine a social worker (or myself as an ind social worker) for 3/4 or on one occasion 5 hours in total, and woe betide the social worker who cannot evidence what he or she has written because the lawyer for the parents will (quite rightly) make mincemeat of you.
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At the end of the final hearing the judge and not the social worker or anyone else involved will make the decision about the child's future. He can make a Care Order (a placement Order) which means the child can be adopted, a Supervision Order (which means the child goes home with sw. supervision for a time limited period) or NO order at all and the child returns home.
SO I am trying to point out that it is not as simple as some of you seem to think for social workers to breeze in and remove a child. It is also worth bearing in mind that all social workers have to adhere to the relevant legislation which is the Children Act and the first duty of all social workers is to do all they can to keep families together. I can tell you that if any local authority tries to take a case to court where there has been insufficient support to a family the judge will (quite rightly) throw it and send the l.a. off with a flea in their ear (I have seen it happen though very very rarely) because SSDs know that they have to have the evidence before going anywhere near court.
I sincerely hope that those of you who are anxious about losing your children because of mental healthy problems are in the vast majority of cases worrying without any cause. The task of the SSD in those cases is to support the family and only if the child was at significant risk of harm would removal ever be considered.
I think too that you need to bear in mind that parents whose childreh have been removed are unsurprisingly very angry and will almost always give a very one sided account of the circumstances, for obvious reasons. Sadly the tabloids like to pick this up and run with it and so readers only get to hear one side of the story. The SSD can never give their side of the story because of confidentiality. I can see this happening on this thread - many of you are just totally believing what you read or hear from others without knowing the full story.
And yes whoever it was who said they were surpised John Hemming hadn't come along to add to the scaremongering (as he conducts a ccampaign of bashing social workers and courts based on his own person experiences) I too am surprised - he must have missed this one. If he does find this thread please can I urge you to take what he says with a very large pinch of salt.
OK enough said - probably far too much - I will now put on my hard hat and retreat to a safe distance. I just think it is time for the facts rather than the fantasy of what really happens in child protection in this country.