My children have been taken into care, Social Services have said it is respite care and that they are not on any register. I was asked to sign some paper work but was not given a copy.
My children were extremely upset at the time and the social worker thought it best to just leave. Social Services will not disclose the location of my very young family.
What are my legal rights?
(Mr PJ, 11 September 2008)
A.
Unfortunately, the law is on the side of Social Services if you have signed some paperwork. It is likely that the paperwork you signed was an order issued by the Family Proceedings Court giving Social Services temporary custody of your children. However, they are not the wards of Social Services but are wards of your Local Authority.
Initially, what should have happened was Social Services should have applied for an Emergency Order to have the children taken into care, and then they will have had to go back to Family Proceedings Court to get a care order. You should have been made aware of this from the outset so that you could have voiced your objections or petitioned the Family Proceedings Court to return a different ruling.
Once the children have been removed from your care and been placed in the care of the Local Authority, Social Services are not obliged – by law – to give you details of your children’s whereabouts for their own safety, even though from your point of view the children are perfectly safe in your presence. This is designed to protect not only the children but the identity of any Foster Parents the children may be placed with, however temporary.
Your first point of recourse should be Social Services, especially if you were not provided with copies of all relevant paperwork. In any instance of taking children into custody, you should be provided with copies of all orders issued or affected so that you are fully aware of your legal standing. Social services should give you exact details of why the children were removed from your care and qualify what exactly they mean by respite care. They should also be giving you details of any Family Proceedings Court hearings that are due to take place.
It is best to seek representation from a solicitor who specialises in family law and ask them to act as a mediator between you and your Local Authority. They will also be able to obtain copies of all orders and documentation relating to your case and clarify what you signed and what you agreed to.
He or she may also be able to petition the Family Proceedings Court for a hearing that clarifies everyone’s position in the matter and may also bring about a scenario where visits – albeit supervised ones – can be arranged.
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WendyJoel - 16-Aug-24 @ 4:59 AM
Hey my 2 children got removed from my care due to my daughter dad Been violent towards me and we have not been together since 2021 but the social service never believed me and got removed from my care this year in July the social service just took my back to court and the courts put a court order in place the social service never investigated at all have not been out to speak to me they just removed my children now since all this I have been seeing my children 3 days a week every week and it is all positive and I have had a parenting assessment done and that's all positive as well and I have not had any contact with my daughters dad he as moved out of bradford I have also seen the individual reviewing officer report and had meets and the local authority manager as said she don't have no safe grading issues on the report they is 3 points
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Max - 25-Dec-23 @ 1:21 AM
My son was taken into faster care for short time I will awlays love my son baby Leo
It's is hurt me by not see my son
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she - 30-Jun-23 @ 3:06 AM
My partners ex girlfriend who they had a child together with approx 3-4 years ago. She accused him of rape and he was remanded until luckily she admitted it was lies and he was released with charge. She was wth the next man at the time. She didn't want to look after child despite him saying he'd have her rather than go into care.dna tests confirmed he is father but she gave her up and he has no idea where she is or any information.Partly as the heartache is just too much and he doesn't want to be let down again.what can he do its an awful situation which he doesn't like talking about it. Pls help
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oliviastephen02 - 18-May-23 @ 10:01 AM
I had a beautiful girl my tianna had down syndrome I had a 4yr old son as well but being 21 at the time it was a total shock after I had her to learn she had downs but when my baby put her hand on my face I fell in love i was a single mother I went threw domestic violence with their dad and he was no help with the children i did not care I just got on with it but when my dad died I struggled i started to use classA because it blocked my feelings but when it started to be my priority It was time to stop I needed help but me asking for help social services was informed they never help they made it worse I made the biggest mistake and signed the papers only so my babies could have stability until I got better I thought they would be taken care off when was in foster care she ended up getting Pneumonia she went into a coma she nearly died but my babycame through but ended up with lung problems,I did get better I fell pregnant but at 6months I lost my son ended up homeless it might sound selfish I gave up I had no one but years past but until I got myself together I stayed away I always was gonna back for tia she was moved from the placement from the family I knew I went to social services I was told she was not on the system I went to the house no one answered I left messages no one got back I felt I had no part off my daughter lifeTianna died last year July social services never informed me until 5days before her funeral I had no part part no say she was in hospital for one weekend before she died I did not get to comfort my baby I did not get to say goodbye I don’t know who signed her death certificate I’m still her next of kin I met the Foster carer the first time at the funeral I ask her for the social worker details she said tianna no longer had a social worker as she turned 19 I really need to know if I had no rights to know anything what was happening with my child if they had no obligation to tell me she died,why did Tiana no longer has a social worker when she was a sick child with a disability,somethingI’ve contacted adults social services and was told I’ve got no rights to no anything as tianna was 19and needs to give consent..wow!Tianna would not know about consent is and she is no longer here I trusted these people thinking I was not good enough I made them allow me to feel I no rights to be involved, when with me all she would have is a snotty nose I was made to feel I could not take care of my daughter but dies under there care anyways I just need to know how to deal with this because something I don’t even know what is her cause of death on her death certificate and they definitely would of knew how to locate me
Rain - 14-Apr-23 @ 4:24 PM
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Shaz - 1-Feb-23 @ 9:13 AM
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Please, I need your help.
Thanks.
Esther - 23-Jul-22 @ 4:18 PM
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Hi all my daughter has been taken into care from her mother I ent been with her mother for over 2 years I wald like to no have a father got right to remove my daughter from care if he on a birth certificate and with out singing any paper work for my daughter being in care
Lewis Towner - 26-Sep-21 @ 2:22 AM
How is the law on there side when they just take kids without evidence because they don’t like ourfamily through jealousy
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Do you help to fight people to get their child back from care
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What happensif the socialworkerbroke contactrule made by the judge 3 times what can I do
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Your sincerely from lucy
Lucy megan Murphy-br - 26-Feb-21 @ 8:23 PM
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Reece - 8-Jan-21 @ 10:58 PM
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Liam 93 - 6-Oct-20 @ 11:27 PM
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Tezza - 2-Oct-20 @ 3:40 PM
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Ann Barclay - 27-Sep-20 @ 3:55 PM
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Ann Barclay - 27-Sep-20 @ 3:38 PM
My friend has a daughter who is in care but living with her father, (my friend's ex)
Up until lockdown my friend had supervised contact twice monthly for three hours a session and it was going very well. This had been going on since July 2017. My friend kept trying to get community contact and improve on what she had. Children's services would not change the contact, saying she raised concerns about her daughter and asked for too much information which undermined father's position as "primary" carer. When lockdown came in contact was changed from face to face to video contact but reduced from three hours to thirty minutes and an email every other week. After only three video contacts Children's services reduced contact to thirty minutes every month, a big reduction1 The grounds they used were that my friend's emails to her daughter upset her and again the content of the emails undermined father's role as carer even though they edited the emails before sending to fathers computer,and they also claimed that my friend's daughter was not even reading the emails! What can my friend do to combat such illogical behaviour from Children's services?
Billy - 26-Sep-20 @ 3:41 PM
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Bless - 18-Sep-20 @ 1:42 AM
If anyone needs advice speak to Gerry at Parenting Together, its a charity.
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