There are many myths that surround the involvement of Social Services within families, and what it means to have proceedings issued in relation to your family. Hopefully these three ‘myth busters’ will clarify the position for anyone now facing the complex and scary process of going to Court.
- “If Social Services become involved with your children, they will be adopted”False
Social Services may become involved for a whole manner of reasons. It could be to offer support for families before there are any thoughts of starting Court Proceedings. If proceedings have started, then the Local Authority has a duty to attempt to keep the children within the family home if possible and if it is in the best interests of the child’s welfare to do so (s.1(2A) Children Act 1989). Should this not happen then reasonable contact throughout the life of the proceedings must be set up between the child and;- His parents
- Any person who is not a parent of the child but who has parental responsibility of him
- Any relative, friend or other person connected with the child
This is applicable where there is an interim care order concerning the child.
Social Services may become involved with your child without having any intentions of going to Court. They may wish to address some issues by working with the parents. This process is known as ‘pre-proceedings’ and may involve several meetings between parents and various professionals to identify the issues and how these can be resolved outside of the Court, by working together.
- “The Court system won’t help me. They will judge me and side with the Local Authority”False
The Court System is impartial. There are several stages to a case where relevant facts and instances are discussed between the parties and the Court. The paramount consideration for the Court is the child’s welfare (s.1(1) Children Act 1989). The Court will not make any decisions which are not in the best interests of the child. Legal Aid is still available for Child Care Proceedings and therefore all sides can come to a reasoned conclusion with the help of Solicitors and Barristers, without there being a mix of represented parties and litigants in person. The children will be represented by a ‘Guardian’ and their own Solicitor and again it is their responsibility to determine the wishes and feelings, amongst other things, of the child and present this to the Court. The Local Authority is simply another party within the proceedings, who are subject to the same rules as parents and the child.
- “If I point out the failings of the Local Authority and Social Worker, there’s more chance of my children coming home”False
One thing we always advise all of our clients is to work with the Local Authority and the Social Worker. This will show the parent(s) to be open and honest and willing to act in the best interests of the child. The more a parent is critical of the Social Worker the more it may demonstrate to the Local Authority that they are not willing to work with professionals and are not putting the child first. This is not to say that when the Local Authority gets things wrong these cannot be highlighted. This is why we advise to always seek legal advice so a Solicitor may address the relevant issues in a professional capacity.
We would always advise for anyone to seek legal advice and assistance when it comes to Child Care Proceedings or the ‘pre-proceedings’ stage.
If you are affected by any care law issues then please contact Christine O’Brien on 029 2047 5100.