Social Services cannot legally force you to move out of your home. However, they can strongly advise you to do so if they believe that you are a risk to the children in the home. If you do not leave the home, or you return to the home, there is a strong likelihood that Social Services may escalate your matter. In some cases, this could lead to social services taking your matter to Court, risking your children being removed from your care.
But my investigation has been dropped?
The standard of proof in family proceedings is different to criminal proceedings. In family law, decisions are made based on the ‘balance of probabilities’ rather than ‘beyond reasonable doubt’. This means that in the family Court, a Judge needs to decide whether it is more probable than not that the offence happened, rather than a jury needing to be sure beyond reasonable doubt that it happened. Therefore, despite your investigation being dropped, in the eyes of social services, that does not prove that the offence did not happen and therefore need to take all the necessary steps to ensure that the children in your care are safeguarded.
Capacity to Protect Assessment
Before you are able to return home, social services may ask your partner, who is still living at the family home with the children to engage in a capacity to protect assessment. This is an assessment where their ability to safeguard the children in their care would be evaluated. This usually happens if the crime you were accused of is of a sexual nature. The assessment will draw strengths and concerns, and at the end, a report will be drawn up. If the assessment concludes that they do not have capacity to protect, it is unlikely you will be able to return to the home.
Risk Assessment
Social services will likely ask you to complete a risk assessment to determine if you pose a risk of harm to your child. If the assessment concludes and it is decided that there is a risk to the child, it is likely that you will not be able to return to the family home, and social services may increase their involvement. You will be expected to work with professionals to try and reduce the risk that you pose.
Can I still have contact with my child?
Yes, you can still have contact with your child if you have left the home. However, the Local Authority may tell you that your contact has to be supervised, and they will most likely determine who can supervise you contact. The frequency of contact and who can supervise will depend on the outcome of risk assessments and capacity to protect assessments. Before having contact with your child, make sure that your safety plan does not forbid you from doing so, and if you are unsure, contact your social worker.
How can Johnson Astills help?
If you have been asked to leave your home by social services and would like expert legal advice or assistance, please get in touch with Johnson Astills to see how we can assist. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
