In our case we had a visit from two Social Workers
early on in the case, they came and went, and we heard nothing
more for some time. Their arrival was probably worse than that
of the Police (which had been expected as there had been a death).
Obviously with high profile cases in the past when Social Services
come in and break up families, their arrival caused us some stress.
So be prepared, they will or should visit.
The Police recommended that we co-operate with
Social Services, when they turn up, and as we had nothing to hide,
we did so, albeit with some grave nagging concerns. However we
needn’t have worried as we saw nothing of them for many
months, eventually a lady turned up, a consultant Social Worker,
who came and after stating she was happy, went.
Again some time later another Social Worker,
from the worryingly named Serious Case Team, turned up. This led
to the start of what the SS refer to as a Core Assessment this
looks at a variety of things affecting you and your family. More
on the Core Assessment, will be covered later on.
Again we co-operated, but we kept our two children
away as much as possible to protect them from the ‘System’.
This was also true of the Police and all the other’s, try
if you can to minimise the impact on your family, those representing
the ‘system’ are more worried about their futures
than your children’s in my view.
Anyway the Core Assessment once started is due
to be completed in 35 days. Ours was way over that, depending
on when you consider it to have started. So keep an eye on the
calendar.
Some of the things covered include your child
hood, when you met your partner, if relevant, your job, parents
etc etc. It can be quite probing, and you could find it draining.
They may well speak to you on your own and not with your partner.
Also in relation to your children again they want to speak to
them alone, which I find very scary, that a child be left alone
with an adult who may well ask them leading questions, or questions
that may affect any legal proceedings (remember that if the Police
ask Social Services for info from their observations, SS are obliged
to assist with the enquiry).
However if your child elects not to speak to
the SS, then your child can be given their own solicitor and they
can speak through them or not.
If however you refuse to let the SS speak to
your child (children), then they can take legal advice, bear in
mind if they feel your child is at risk, then things, could get
very interesting (for all the wrong reasons). However it is the
Police who actually have the Powers to take children away.
When the SS came round to us (with a supervisor)
they stated that they ‘need to speak to the children now’.
Just to remind you of the games people play sometimes with words,
having a ‘Need’ and the ‘Right’ (within
the Law) to speak to the Children are two entirely different things.
During our Core Assessment we were asked what
would we do if my wife were committed of the offence? Now we found
out later that they can’t do this apparently. An example
given to us by an ex Senior Social Worker, is that if you or your
partner died (in a car accident for example), they (the SS) can’t
come over and ask what are your plans now you have lost a partner.
The same was said of this, they can ask, but you don’t have
to answer. What upset us more was it seemed to be a done deal,
‘when’ your wife is…
Innocent till proven guilty (in a court of law
and not by a Social Worker)
I would recommend taking notes or getting someone
else to take notes of what goes on, you can request a copy of
all the paperwork Social Services raise on you. But when we asked
there was a note saying they could, ‘could’ charge
you in our case £10! Talk about insult to injury, not only
do your taxes pay for them to come round and cause chaos in your
life, but then they want to charge you for the paperwork that
you helped them create. Nice work if you can get it! If they make
you pay, try charging them for your time; of the family tree they
often want compiling.
The Social Services have, No Powers to search,
interview, or detain. You can always ask them to leave if in your
home.
The Burden of proof shifts with the SS they wouldn’t
have to prove beyond reasonable doubt that you may harm your child.
They have a much lower burden of proof which states more to the
ethos of if we think there is a risk…
If the SS identified what they thought was a
risk, they could then take the children away, they say its not
as bad nowadays as it was, albeit on some websites they mention
certain counties takes thousands of kids away others a lot less.
It depends on a whole host of factors no doubt. But something
you may want to look into. There is a saying ‘know your
enemy’, whilst they (the SS) may not be shooting at you,
you need to remain aware.
The next level can include a panel made up of
you, your partner, the children’s teachers, the Police,
SS, and various other people like the local Priest or possibly
other Community individuals.
We have just had a Meeting and we were surprised
and angry to find that apart from the initial 12 people we were
told would or could attend there was another 12, that we have
never heard of or met. We felt truly ambushed by this, no one
explained why they didn’t tell us about the extra names.
We also had a ‘student’ social worker attend the session,
who we were asked if we minded attend for their development. It
would have been a bit hard to say no as the person was in front
of us and we could have given the impression we weren’t
being helpful.
Thankfully for our children and us the panel,
decided against putting our children on the Child Protection Register,
which would have allowed them to come in and ask to visit on a
regular basis. But to go on the Child Protection register the
panel of experts, have to believe that there is a ‘Significant’
Risk of Harm to your Children. There are also four reasons that
start the process and they are that you children are at risk from:
1. Sexual Abuse
2. Emotional Abuse
3. Physical Abuse
4. Neglect
There are some guidelines as to what each one
could include, and they were shown to us during the meeting.
The meeting was chaired by an Independent (of
your case and people working on it) Chair person. Who introduced
themselves and explained the process of the meeting. When the
meeting starts everyone gets a chance to introduce themselves.
After everyone has had their, own turn to speak,
you are then allowed a chance to respond. So use it to correct
any inaccuracies.
The level they selected was called the Children
in Need process, a lot lower level apparently than the Child Protection
Register. However under the S.17 of the Children’s Act 1989
there are three legal criteria to use. They include
a). He/she is unlikely to achieve or maintain
a reasonable standard of health or development without the provision
of services.
b). His/her development is likely to be significantly impaired
without the provision of services.
c). He/she is disabled
Note A & B are conditional upon a belief
that the provision of a service making a positive difference.
We still await to see which one the SS have decided
to use to justify their continued activities with our family.
If the SS were considering removing your children
I read an article on another web page set up by someone who did
have their children removed by the SS by all accounts. They recommended
that you hand over care of your children to Grand Parents, God
Parents, in an effort to stop your children in extreme cases,
being taken away from your family and into Foster Homes. This
maybe something to discuss with your legal team, if it becomes
an issue for you.
