If social services have asked you to leave the family home, it is usually because they have safeguarding concerns about your presence within the household. This request can be stressful and confusing, but it is essential to understand your rights against social services and seek legal advice promptly.
The Local Authority will typically make this request to allow for further safeguarding assessments to take place and to ensure the safety of any children or adults within the home.
Why have social services asked me to leave my family home?
Social services safeguarding processes are triggered when concerns arise about the safety or welfare of children or adults within a household.
Reasons they may ask you to leave the family home include:
- Allegations of abuse, neglect, or violence.
- Concerns raised by professionals, such as schools, healthcare workers, or police.
- Historical safeguarding concerns or prior involvement with the Local Authority.
This step is not automatic or permanent, but it is taken to allow for a thorough risk assessment and to protect children while investigations take place.
What assessments may I be asked to engage with?
If social services have concerns, you may be asked to participate in various assessments, such as:
- Risk assessments: To determine the level of risk posed to children.
- Parenting assessments: To evaluate your ability to care for and safeguard your child.
- Cognitive assessments: To assess your understanding and capacity to engage with parenting advice.
- Psychological assessments: To explore any underlying issues impacting your ability to protect the child.
- Psychiatric assessments: To evaluate mental health concerns.
- Drug and alcohol testing: If substance misuse is a concern.
While we encourage families to engage openly with the Local Authority, certain assessments—such as psychological or psychiatric assessments—should be discussed with a solicitor first.
Do I have to leave the family home if social services asked me to?
No, you do not have to leave the family home if social services have asked you to. The request must be voluntary. Social services cannot insist that you leave unless a Court order is obtained.
Michael King of the Local Government and Social Care Ombudsman stated:
“Councils have a duty to safeguard children… but they cannot insist on a parent leaving the family home without first gaining their voluntary consent.”
If you are asked to leave, social services must:
- Clearly state that the request is entirely voluntary.
- Provide written documentation of any agreements.
- Set clear timeframes and review dates.
- Give you all information needed to make an informed decision.
- Explain how and when arrangements will be reviewed.
However, refusing to leave may result in further concerns, including the Local Authority applying for care proceedings to obtain protective orders.
What happens if I refuse to leave the family home?
If you refuse to leave the family home when asked by social services, the Local Authority may escalate their concerns. Potential outcomes include:
- Increased scrutiny through further risk assessments.
- Questions about your ability to cooperate with safeguarding processes.
- The Local Authority applying to the Court for orders such as an Interim Care Order to protect the children.
Refusing to leave could impact any remaining adults in the home, as social services may question their ability to protect the children. Legal advice is essential at this stage to help you navigate the process effectively.
What are the alternatives to leaving the family home?
Social services safeguarding processes often include alternatives to leaving the family home, depending on the level of risk. These alternatives may include:
- Signing a safety plan or written agreement.
- Arranging for another trusted adult to supervise care.
- A family network offering additional support and oversight.
A safety plan must:
- Be clearly written and explained.
- Include specific, achievable conditions.
- Have reasonable timeframes.
- Be reviewed regularly.
If you are asked to sign a safety plan, you have the right to seek social services legal advice before agreeing. Contacting a solicitor ensures you understand the implications of the agreement and any commitments it involves.
Will leaving the home affect my parental rights?
Leaving the family home temporarily does not automatically affect your parental rights. You will still retain parental responsibility for your child unless a Court order, such as a Care Order, is made.
However, it is essential to:
- Engage with social services and any assessments requested.
- Demonstrate your willingness to address their concerns.
- Seek legal advice to protect your rights and ensure you are treated fairly.
Can I still have contact with my child?
Yes, you can still have contact with your child even if you have left the family home. The Local Authority may arrange for contact to take place under certain conditions, such as:
- Supervised contact: Contact is monitored by a social worker or another approved adult.
- Agreed contact arrangements: Visits may occur at agreed times and locations.
The level and frequency of contact will depend on the risk assessment and the safeguarding concerns raised by social services.
What support is available to me if I’m asked to leave?
If you have been asked to leave the family home, support is available to help you navigate this difficult time, including:
- Legal advice: A solicitor can help you understand your rights and options.
- Support services: Local authorities may offer family support workers, counselling, or parenting programmes.
- Alternative accommodation: Social services can advise on temporary housing solutions if required.
Contacting an experienced social services solicitor can ensure you are fully informed and supported throughout this process.
How Johnson Astills can help with social services involvement
At Johnson Astills, our dedicated team of child care solicitors has extensive experience assisting families at all stages of social services involvement.
We can help you:
- Understand your rights against social services.
- Navigate risk assessments and safety plans.
- Respond effectively to a social services request to leave home.
- Represent you during child protection investigations or court proceedings.
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.
