I find it very interesting that none of sw bashing posters on here who want to defend JH have made not one single comment about the content of the Judge Wall LJ's judgement about JH (posted by Spero on P.8) and his "outrageous" allegations that could not be evidenced. Oh hang on I think there was one comment asking Spero why she had given the link to this judgement AND copied and pasted it.............says it all really, if that's the only comment that can be made after such a damning judgement from a Judge about JH.
Is there no end now to JH and others trying to trip up social workers who talk about "removing children." OK I'll try once more to explain how and in what circumstances a child can be removed in an emergency (or otherwise)
- NO child can be removed by a social worker without the consent of the parents to that removal. FACT.
- Where there is serious concern about the safety of a child, social workers in these circumstances have a duty to ascertain whether there is a friend or member of the extended family who could care for the child on a temporary basis while further investigations/assessments aremade. Parents are often more willing to give consent to removal if the child can go to their mother, aunt etc. Any member of the extended family has to be checked out to ensure their willingness and suitability to care for the child.
- If there is serious concern about the welfare of the children and the parents are refusing to allow removal,(be that to a relative or a foster carer outside of the family) then there are 2 options available:
a. The police can remove a child without the consent of the parents under a PPO (Police Protection Order) which lasts for 72 hours. Thereafter a decision has to be made about whether the children can be removed or whether the matter has to be presented to the court.
b. The social worker can apply to the Magistrates Court for an Emergency Protection Order (EPO) and yes this can be done during unsociable hours and magistrates will make themselves available. However since the Children Act came into force it is not good practice for Magistrates to make ex party Orders(that means without the parents being present) but in extremis it can be done (usually when the parents won't attend the Magistrates hearing) Social workers have to provide evidence to the Magistrate about the exact nature of the concerns and why it is felt that the only course of action is to remove the child and the Mag.makes the decision as to whether or not to grant the Order. If the Order is not made the child CANNOT be removed.
- All cases of removal of children whether by virtue of consent, PPO or EPO have to be case conferenced and decisions made about the next step. Sometimes it is possible for the children to be returned and support offered to the family to ensure the safety of the children and this is monitored over a period of time.
- If it is deemed unsafe for the children to return home then the matter has to be presented to the Court - evidence has to be provided etc etc - the parents are represented and the court makes a decision based on the evidence put before it. This application is for an Interim Care Order. If the ICO is granted by the court, then further comprehensive assessments are made of the parents, children etc by a range of professionals.
I won't go on because I have posted all of this before and explained what happens right up to the final hearing when a decision is made about the child'sfuture. Interestingly there was ONE single comment about my post giving details of every step that had to be taken before a child could be permanently removed from his parents, and that was NOT a comment about the content of my post, it was a comment something like "have you never heard of summarising"! If we summarise as Grandhigh has, there are people waiting to trip us up as has happened in this case and cast doubt upon the validity of what we say.
Quite why JH is pretending not to know exactly how and in what circumstances children can be removed, given his obsession with the topic, I cannot say.
Po - in the example I gave, the mother in the end gave her consent to the removal of the children. IF she had not, and as the police were present, and given the nature of their concerns about the welfare of the children, they would have removed the children on a PPO.
BUT why am I bothering with all this because people just WANT to believe in this ridiculous notion of "child snatching" peddled by JH.
I have a question - a serious one. WHY do people want so much to believe that sws want to "snatch" children - most social workers would rather walk over broken glass. It is a very stressful thing to have to do and also creates an enormous amount of work on top of the usual caseload. It is so much more the case that sws are more likely to try to convince themselves that things are improving in the family and want to continue tto assess/monitor/support than take the step of removing a child. This is exactly what happened in the Baby Peter case and WHAT happened when this monitoring/supporting plan proved to be fundamentally flawed with dreqdful consequences- yes of course the cry went up "Why wasn't something done. So damned if we do, and damned if we don't.
Now I know someone is going to tell me about cases in the past MSBP/Cleveland/Orkneys etc OK YES these things happened and shouldn't have done. Harold Shipman murdered dozens of his patients but this doesn't mean that GPs are still routinely enagaged in this activity.