If social services are involved with your family, it is natural to feel overwhelmed. The Local Authority may become involved after receiving a referral from agencies such as education, health, or the police. The most important step is understanding your parental rights and seeking social services legal advice at the earliest opportunity to ensure you are fully informed and supported.
What are my rights and responsibilities as a parent when social services are involved in my family?
When social services involvement begins, parents retain their rights and responsibilities unless a Court order determines otherwise. These include:
- The right to be informed of concerns and investigations.
- The right to attend meetings, such as the initial child protection conference and pre-proceedings meetings.
- The right to legal representation throughout the process.
- The right to access support from the Local Authority and engage in assessments or parenting programmes.
- The right to receive regular updates about your child’s welfare.
While social services must act in the child’s best interests, you have the right to challenge decisions or raise concerns about their involvement.
Your responsibilities include:
- Cooperating with social services investigations.
- Engaging with support services offered.
- Attending scheduled meetings and appointments.
- Maintaining open communication with professionals.
What happens in a child protection conference?
A child protection conference is a formal meeting where professionals assess whether a child is at risk of significant harm.
During the conference:
- The Local Authority’s concerns will be shared.
- Parents can explain their situation and provide their views.
- Professionals from education, health, police, and social services will share information.
- An independent chairperson manages the meeting.
- Minutes are taken and can be requested by parents.
Parents are encouraged to attend, and you can seek child protection advice from a solicitor to support you. For more information, read our blog on What is a Child Protection Conference.
What decisions can be made at a child protection conference?
The primary decision made at a child protection conference is whether the child requires a child protection plan. This plan outlines the concerns and the actions needed to ensure the child’s safety and welfare.
The plan may involve:
- Regular visits from a social worker.
- Parenting courses or support services.
- Ongoing assessments to monitor progress.
If the professionals conclude that immediate risks exist, the Local Authority may consider further steps, such as applying for an Interim Care Order..
What is a pre-proceedings meeting and why is it important?
A pre-proceedings meeting is a formal step before the Local Authority decides to take a case to Court. This meeting occurs when social services believe a child is at risk and further action may be necessary to ensure their safety.
The purpose of the meeting is to:
- Set out the Local Authority’s concerns in writing.
- Provide parents with an opportunity to address these concerns.
- Agree on an action plan to avoid Court proceedings.
You should seek social services legal advice as soon as you receive a pre-proceedings letter. Legal aid is available to ensure you have a solicitor present during this meeting.
What may be involved in the pre-proceedings stage of a child protection investigation?
The pre-proceedings stage of a child protection investigation is critical. It typically includes:
- Assessments: Social workers may conduct parenting assessments or risk assessments.
- Action Plans: Families may be asked to attend parenting courses, counselling, or substance misuse programmes.
- Support Services: The Local Authority may provide support to help families address the concerns.
This stage is the final opportunity to prevent the case from escalating to Court. Engaging positively with the process and seeking advice from social services solicitors can significantly improve the outcome.
How does legal aid work in cases involving social services and child protection?
In cases involving child protection and social services involvement, parents are often entitled to non-means tested legal aid. This means that funding for legal representation is available regardless of your financial circumstances if:
- You receive a pre-proceedings letter.
- Care proceedings are initiated in Court.
Legal aid ensures you can access expert advice from a social services solicitor to protect your rights and present your case effectively.
When should I seek legal advice?
It is essential to seek legal advice as early as possible when social services become involved with your family. Key stages where advice is crucial include:
- Child Protection Conferences: When a meeting is scheduled, legal advice can help you understand the process and represent your views effectively.
- Pre-Proceedings Meetings: This is the final opportunity to address concerns before the case reaches court.
- Care Proceedings: If the Local Authority applies for a Court order, you will need legal representation immediately.
By acting quickly, you can ensure you understand your rights against social services and take steps to address the concerns raised.
Get in touch with Johnson Astills Solicitors for advice regarding Social Services
At Johnson Astills, our experienced Child Care Law solicitors are here to guide and support you through every stage of social services involvement and child protection investigations.
We can assist with:
- Child Protection Conferences.
- Pre-proceedings meetings.
- Child care proceedings and court applications.
- Advising you on your parental rights and options.
Contact us today for advice or to find out more about our services by giving us a call at your local branch in Leicester or Loughborough, or by filling in our online enquiry form.
