Research conducted by Lancaster University has revealed that one in four mothers who have had a child removed through the Family Court are likely to face Care Proceedings again for future children. This often happens within a short time frame, meaning parents may not have fully processed the loss of their previous children or made sufficient changes to address the concerns raised by the Local Authority.
However, the removal of previous children does not automatically mean that future babies will be removed. Each case is unique, and the Local Authority will assess whether the parents are now able to provide adequate care for the unborn baby.
Will social services take my new baby?
If you have had children taken into care previously, there is a possibility that social services will become involved during any subsequent pregnancies. This often includes conducting pre-birth assessments to evaluate whether you are capable of caring for your new baby.
The Local Authority will consider factors such as:
- The findings from previous Care Proceedings.
- Any progress made by the parents to address previous concerns.
- Current circumstances, including parenting capacity, mental health, housing, and support systems.
Working in partnership with social workers during pre-birth assessment is crucial. You should:
- Maintain regular contact with maternity services.
- Engage actively with support services.
- Share relevant information about changes in your circumstances.
While social services are required to act in the best interests of the child, removal of the baby will not automatically occur. If you can demonstrate significant positive changes, this can increase the chances of keeping your baby in your care.
On what grounds can a child be taken away from its mother or father?
A child may be taken away from its mother or father if the Local Authority or the Court believes the child is at risk of suffering significant harm. Common grounds include:
- Neglect: Failure to provide for the child’s basic needs, such as food, shelter, and emotional care.
- Abuse: Physical, emotional, or sexual harm inflicted on the child.
- Exposure to domestic violence: Situations where the child witnesses violence or unsafe behaviour at home.
- Health issues: Substance misuse, untreated mental health conditions, or inability to provide consistent care.
The Local Authority must provide evidence to the Court when seeking an order to have a child removed from their mother or father. Parents are given opportunities to engage with support services to address these concerns.
What happens when a child is removed from a home by social services?
When a child is removed from home by social services, the process follows strict legal guidelines to ensure the child’s safety:
- Emergency Protection Order (EPO): If immediate removal is necessary, an EPO can be granted by the court.
- Police protection: Under Section 46 of the Children Act 1989, the police can temporarily remove a child for up to 72 hours if there is an immediate risk of harm.
- Interim Care Order: The Local Authority takes parental responsibility and places the child in temporary care, such as foster care or with a relative.
- Care proceedings: The court determines whether the child should remain in care long-term.
During this process, parents retain legal rights, and social services must involve them in decisions where possible. If a child is placed into care, efforts may be made to reunite the family if the concerns are addressed.
What support is there for parents who have had a child removed from their care?
Following the removal of children, parents often have limited support to address the underlying concerns. However, several programmes and organisations provide help:
- Troubled Families Programme: A government initiative offering support to families dealing with mental health issues, domestic abuse, and other challenges.
- Pause: An organisation working with mothers who have experienced repeated child removals. Pause focuses on helping women make sustainable changes in their lives, take control of their circumstances, and avoid repeated cycles of child removals.
Research shows that specialist support services can lead to positive outcomes for parents who have had children removed, particularly when:
- Support begins early.
- Services provide both practical and therapeutic help.
- Parents maintain consistent engagement.
It is important to note that support services are not consistently available across England and Wales, and some areas have experienced service reductions due to budget constraints.
Get in touch with our family and child law solicitors
At Johnson Astills, we understand how distressing it can be to face social services involvement or the prospect of children being taken away. Our experienced family and child law solicitors can support you at all stages of involvement with the Local Authority, including:
- Pre-birth child protection conferences.
- Assessments and court proceedings.
- Representing you during child care proceedings to protect your rights.
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.
