Social Services and Home EducatorsLocal Authorities are merging their Education Departments and Social Services departments under a new department called Children’s Services. Exactly how this will work out in different authorities remains to be seen, but we thought it would be useful for home educators to have a few pointers about their rights should they be contacted by Social Services. This page is under revision and we would be most grateful if you could let us know of any inaccuracies or omissions. If Social Services knock on the door You do not have to let them in unless they have are carrying out a Section 47 investigation (duty to investigate risk of significant harm). If the Social Worker is concerned about a child's immediate risk of harm, they still cannot enter the home if refused, unless they bring a policeman. Why Social Services may call The local authority has a duty to make enquiries about a child’s welfare if they have reasonable cause to suspect that a child in their area is suffering or likely to suffer significant harm. Children’s Act 1989 s.47(1) The purpose of the enquiry is to gather information about the child’s circumstances to enable them to decide whether they should take any action. Do Social Services have to see the child? They must take reasonable steps to see the child unless they already have sufficient information. Children’s Act 1989 s.47(4) If they are prevented from seeing the child they have a duty to seek a Court order. Children’s Act 1989 s.47(6)b If Social Services make an enquiry about your children It is best to write to them and ask:
Some of the Principles in Social Services’ own Framework require that Assessments should be:
Interviews with Social Services It is always useful if you can have a friend or relative present at an interview. It can give you more confidence and there is someone else present to remember what is said. Recording Interviews with Social Services When in your own home, the advice from relevant support groups such as False Allegations Support Org and the Family Rights Group is that people should start taping BEFORE asking for consent to tape. That means a refusal is on tape and less likely to happen. If you have a disagreement with Social Services If you want some support for your view from within the local authority, check if they have a Children’s Rights Officer or an Advocacy Service. If You are Threatened with Care Proceedings Articles 7 and 9 of the UN Convention on the Rights of the Child - which concern children's rights to be brought up by their parents – need to be taken into consideration. Additionally Article 12 - the right of children to be consulted on decisions that affect them should also be applied. Who You can Talk to once the Courts have told you not to talk to anyone It has been said that you can only talk to a solicitor but the law has recently changed so parents can talk to "advisers" - MP, voluntary advice worker etc (but this only covers people registered with recognised voluntary orgs or charities). Article 8 on the European Convention on Human Rights states that:
To Complain about your Treatment See the Family Rights Group website www.frg.org.uk and look at their Advice Sheet – Challenging Decisions and Making Complaints. How to Help your Child and Family It is a good idea to contact a specialist advisor/advocate such as Family Rights Group or childcare solicitor as soon as child protection procedures have started. You are unlikely to end up in Court but you may need legal advice about your situation. Other Sources of Help Family Rights Group False Allegations Support Organisation "Framework for the Assessment of Children in Need & their Families" Return to "Legal Matters"  |