Drugs and contact

[Hathno]

Name changed as two people in RL know my normal username and might be able to identify the person this is about.

Hypothetically, if a resident parent has concerns that the non-resident parent may be using drugs and refers to this either in mediation or to their solicitor, are the mediators and/or solicitor bound by law to report this concern to social services or the police?

I'm asking on behalf of a friend. She has no evidence of drug use at present but her ex did use drugs during their relationship. She wants to facilitate contact between ex and her son but also wants to make sure her son is not exposed to drugs (obviously). She is afraid that if she raises this concern to a mediator or solicitor it might all get out of hand and the fragile peace that exists regarding their son will be shatterd.

Sorry. Should have added that the relationship ended before the child was born and the ex did not see him for two years. Ex has been having supervised contact with child and wishes to progress to unsupervised and overnight stays.

It depends on what the drugs are and how frequently they are being taken.

She doesn't know if he is still taking them. She's worried that if she asks him in mediation, he'll deny it either way but the mediators will have no choice but to report it. Likewise with a solicitor.

I wouldn't expect that they'd automatically report such claims.

So you're not aware of any legal requirement that such concerns automatically be reported? Even with solicitors? My friend is afraid that as 'officers of the court' they may be required to report it.

Look, just because it is claimed that a parent smokes a joint now and again, or even takes cocaine recreationally, doesn't mean that a child is at risk of serious harm. If a client came to see me and mentioned that she was about to move with her children to live with a child sex offender, and wouldn't be persuaded otherwise, I'd probably tell social services. If she was going to live with a heroin addict it's not the same thing.

My ex was a recreational cocaine user and smoked the odd joint - have I ever mentioned it to solicitor, mediator, Judge, barrister - no?

The clue is in your post - 'She has no evidence of drug use at present...'

And you're right, she starts throwing those allegations around - best of luck with that one...

Definitely SS need to be informed if living with as heroin addict!

It's ok for you to do that as a member of the public, and I'd understand why you would. However as a solicitor I can only breach client confidentiality if a child is in imminent danger.

only if drug use would put the child in need or at risk.

Heroin addict = child in danger. End of!!!

so can the same be said for someone who is say, an alcoholic. Does one assume that if you live with an alcoholic he/she would force alcohol down a child's throat?
Collaborate is right, you cannot breach client confidentiality unless you have serious reason to believe a child is in imminent danger.

If I knew a neighbour was a heroin abuser, and they had the care of a child, I'd pass it on to social services. A solicitor has a duty of confidentiality to their client

There may be exceptional circumstances involving children where you should consider revealing confidential information to an appropriate authority. The old guidance about when you can breach the duty of confidentiality says this:

This may be where the child is the client and the child reveals information which indicates continuing sexual or other physical abuse but refuses to allow disclosure of such information. Similarly, there may be situations where an adult discloses abuse either by himself or herself or by another adult against a child but refuses to allow any disclosure. You must consider whether the threat to the child?s life or health, both mental and physical, is sufficiently serious to justify a breach of the duty of confidentiality.

did I miss where OP said he was a heroin addict and no heroin addict = child in danger!! is not always the case. not what most of us would want for our children but certanly not always reason to belive the child would better off away from the parent. I totaly agree with the comparison to an alcoholic in terms of what is best for the child.

Most heroin addicts get to keep their DCs. It isn't that black and white. A drug addiction has to be very serious for no contact with a DC.

No, but a child of a heroin addict will be on an at risk register. The clue is in the word addict.

there is no at risk registar and they would only come to the attention of LA if there was a higlited or reported risk. It would be nieve to think all heroin adicts children are known to social services.

I'm a MN addict. Does that put my children at risk?

i dont see why her asking him in front of mediator if he still using drugs is an issue?
if h says "no i would never use drugs around DS " then she has to chose to take his word or not.

i would guess he hardly going to tell the mediator yeh i take class a drugs and i intend to continue doing so when having unsupervised contact...

if supervised then should progress graduallly to unsupevised in day time then much later to overnights.

if drugs is legiimate concern she does need to raise it -but given son doesnt at prsent have unsupervised then ss is going to swoop in are they?

why is contact supervised anyway and by whom is it supervised ?

ss is not going to swoop in

police arent going to raid him on concerns over past behaviour - nly if she reports genuine evidence today eg of him dealing

My DP was required to undergo drug and alcohol hair testing following allegations from his ex. The results came back with no trace of drugs (as he doesn't use them) and not much in the way of alcohol but when discussing worst case scenarios, his solicitor said that if there is evidence of drug use the NRP can be required to agree not to use drugs/alcohol when the child is with them for contact. It doesn't necessarily follow that even if there is evidence of use then contact will not be granted.