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Non-resident fathers - do they have to be informed about abuse allegations?

5 replies

wisecamel · 27/04/2011 21:53

Hello all - I am writing an assignment for college about 2 children who are alleging sexual abuse by their step father. Their own father is non-resident after divorce and is suspected of domestic violence. Does the social worker have a legal duty to inform the father of his daughters' allegations or could she legally keep quiet to avoid him arriving and taking his children/assaulting the step-father?

This is a fictitious case study and I just need to know where she would stand legally, not morally.

Anyone got any ideas? thank you - I think this one will be an all-nighter!

OP posts:
wisecamel · 27/04/2011 21:54

Oh, I'm in the UK so only UK law would apply
Thanks :)

OP posts:
Collaborate · 27/04/2011 22:18

If care proceedings are issued he will be a respondent if he has parental responsibility and if no PR will be entitled to notice of proceedings.
As for social services guidelines in the absence of court proceedings, can't help.

itsabiggywhatdoidonow · 27/04/2011 22:56

what collaborate said, but if there is a non molestation order or restraing order or prohibited contact order due to dv, it may be an issue for who contacts him ie social worker not exp.

If there is an emergacy protection order of children there is no obligation to give notice to any resident or non resident parents, if it is deemed in the childs best interest. Basically it would be down to s/w judgement on all accounts but practice issues would be down to partnership intergrated working and childs views and wishes and welfare set out in legislation and guidliness.

you need to read up children act 1989 s44 for orders, s4, s3 and s2 for pr, working together to safeguard children. the adoption and childrens act 2004 s111 for pr. Human rights act 1998 right to personal and family lif, articl 8 echr and possibly gillick if relevent to childs age.

for dv consider domestic violence and crimes act 2004. family law act 1996, protection from harrasment act 1997. not sure how relevent dv is so wont cite section.

hope that helps

wisecamel · 27/04/2011 23:24

Thank you so much collaborate and itsabiggy! I have been struggling under a pile of legislation without a clue but now I have some direction. Will pour glass of wine and get on with it. Thanks again :)

OP posts:
itsabiggywhatdoidonow · 28/04/2011 09:32

good luck, I have similar assignment Im due to begin. Lucky I had my books infront of me las night. Smile

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