Re johnhemming's comments:
' Firstly, Childrens Services can ask the police to take children into temporary police protection. This happens often without proper evidence'.
If you have ever worked with the Police you know they are not going to ask for their DI to ratify a decision to take a child into Police Protection because a Social Worker asked nicely. The Police are given these powers to use in an emergency situation for a maximum of 72 hours and they cannot go for a second lot on expiry, the matter has to go to court for children to be kept away from parents.
'Secondly, they can threaten parents with court action if parents don't agree to a S20 action'.
Again, you are misrepresenting how this works. Social workers have to use the least draconian measure and rather than putting parents through court proceedings immediately, will ask if they can work with them by agreement. Now I appreciate this may not seem like a real choice to parents if the consequence of not agreeing is the isuing of proceedings, but it is a choice between cooperation with a plan and not.
For some families it allows essential investigations to be completed and children returned to their care within 24 hours without the stress of getting a lawyer and going into court. However, parents should always be informed of their rights and advised of their right to legal advice (we have a letter and a leaflet of local solicitors) but some social workers regrettably are not good at getting this across.
I am happy for parents to take either path and wouldn't think badly of them either way -it's a choice.
'Thirdly, there are cases from time to time where they simply take children without proper authority. That is becoming rarer now'.
Absolutely agree.
'Finally, however, it is court action at the initiation of Childrens Services that normally results in chidlren being taken into care.'
Yes, of course it is. Sometimes judges ask for a s.37, but other than that, it's always the LA. Not sure what point you're making here.
'Parents have no right to an independent assessment and may be required to simply have their case considered on the basis of the assessments of the local authority.'
Parents do have a right to agree or disagree to assessments and their legal reps should ensure that the assessor is someone who is trusted by all parties - after all the LA wants to share the costs, so this makes sense.