Can a child be removed by the social worker from the family home?

One of the most common questions we get asked is, can a social worker remove my child from the family home? In short, yes, but only in extreme circumstances. A social worker cannot remove a child without following a strict legal process.

When might the Local Authority become involved?

If the local authority receives a report that a child is at risk of the following, they have a legal duty to investigate and ensure the child is safe:

• Physical or emotional abuse
• Sexual abuse
• Neglect
• Unsafe living conditions

What may happen?

Parents may be told that the Local Authority is conducting Section 47 investigations. What this means is, under Section 47 of the Children Act 1989, the local authority has a duty to investigate a family if they are informed that a child who lives or is found in their area is at risk of suffering, or is likely to suffer, significant harm.

The Local Authority may speak with the parents, school or other professionals who have contact with the child in order to help them determine whether they need to take any action to safeguard the child.

Whilst investigations are ongoing, the child may be made subject to the following, and parents will be invited to attend meetings:

• Child in Need
• Child Protection
• Public Law Outline (PLO)

Can a child be removed from a parent’s care?

If the Local Authority believes that the child is at risk of significant harm, removal of the child may be sought, and the Local Authority may apply to Court for an emergency hearing either on the same day or within 72 hours, depending on the circumstances.

The Local Authority will seek an Interim Care Order, which grants the Local Authority shared parental responsibility for the child alongside the parents but allows the Local Authority to determine where the child should live whilst further investigations are ongoing. The Judge will have to determine if the threshold (the Local Authority’s allegations) is crossed and that the child has, or is at risk of suffering significant harm if they remain in their parents’ care.

However, if the Local Authority believes the child is in immediate danger, they may seek support from the Police and remove the child from the home under Police Protection (Section 46 of the Children Act 1989). The Police can also exercise their right to remove a child under such act without a social worker being present. If a child is removed in this way, the child can only be accommodated for a period of 72 hours, in which time, either the Local Authority will apply to Court for an order as mentioned above, or the Police will apply for an Emergency Protection Order on the Local Authority’s behalf to allow the child to be accommodated for  8 days; this can be extended once by applying to the court for a further 7 days (15 days in total).

Important Notes

If a parent has been told the Local Authority is seeking removal of their child or their child has been removed under Police Protection, it is important they seek legal advice as soon as possible and have representation throughout the process.

The role of the social worker and the Local Authority is not to split up families, but to ensure the child is safe.

Not every section 47 investigation will lead to court proceedings or the child being removed. The Local Authority and the social worker will work with the parents to try and resolve the issues with support services in the first instance.

A child can only be removed with the Court’s permission and an order in place, or by the Police using their powers to protect.

How we can help

At Hopkins Solicitors, our expert team can offer parents support and guidance should the Local Authority be involved with their family. Our team can secure Legal Help and Legal Aid funding for both Public Law Outline (PLO) and Court Proceedings matters, meaning there is no cost to the parents for our representation. Our team can be with parents every step of the way and ensure that their voice is heard.

For more information on how Hopkins can help, please contact us on 01623 665050