Can Social Services Stop Me From Having Contact With My Child?
In her latest blog, Timms family law solicitor Lauren Richards discusses “Can Social Services Stop Me From Having Contact With My Child?”
The question as to whether a Social Services (the Local Authority) can stop a parent from having contact with their child is arguably one of the most controversial areas of family law. The answer differs depending upon how social services are involved with the family.
Pre-Court Proceedings
If the child is on a Child Protection Plan or the pre-proceedings protocol has been initiated, there is no legal mechanism by which Social Services can prevent a parent from having contact with their child.
What we often see as family lawyers are situations where one parent is advised not to allow the child to have un-supervised contact with the other parent due to concerns regarding that parent. Usually in that situation, the Local Authority will arrange for contact with that parent to take place at a contact centre or arrange for a family member or friend to supervise, pending further assessment.
If the parent does decide to allow contact between the child and the parent with whom there are concerns, there is nothing that Social Services can legally do at that stage to stop it.
It is important to note however, that if there are significant concerns, the Local Authority may at that juncture make a decision to issue care proceedings and obtain an order so that they share parental responsibility with the parents. Under such order the Local Authority can make important decisions about the children, such as what contact they can have with the parent.
Previous Or Ongoing Court Proceedings
If the Local Authority have commenced care proceedings in respect of a child and the Court has made an Interim Care Order in respect of that child, the Local Authority then shares parental responsibility for that child with the parents (or any other persons who have parental responsibility).
Similarly, if a final Care Order is made in respect of a child, the Local Authority shares parental responsibility with parents (or anyone else who has parental responsibility). This child is then described as being ‘looked after’ by the Local Authority.
Under the Children Act 1989, where a child is looked after, the Local Authority must allow ‘reasonable contact’ between a child and its parents. Usually this will be by way of supervised contact.
Under What Circumstanced Can The Local Authority Prevent Contact From Taking Pace?
So, the question is under what circumstances can the Local Authority prevent this contact from taking place? Under section 34(6) of the Children Act 1989 the Local Authority can suspend contact between a child and its parents, without making an application to the Court, but this can be for no more than 7 days. The Local Authority must be satisfied that it is necessary to refuse contact and the decision made on an urgent basis.
If the Local Authority want to suspend contact beyond the 7 days, they must make an application to the Court (as set out in section 34(4) of the Children Act 1989). The Court should only grant this application if there are very good reasons for doing so and it is rare this to happen.
The situation is slightly more difficult at the moment given the ongoing pandemic, isolation and the more creative ways that the Local Authority are seeking to facilitate contact.
If you are a parent with a child in care and have concerns regarding contact, please contact me for further advice at l.richards@timms-law.com or visit the family law section of our website.
Lauren Richards
September 2021