The Social worker should normally ask for permission from a parent first, unless he/she has good reason to believe you may threaten the child or try to make them stay silent or otherwise compromise their enquiries.
Should I let the Social Worker talk to my children?
Children’s Services have a statutory duty to protect children, so the simple answer is yes, they can speak to a child if a child protection concern has been raised. This is true whatever the age of the child.
Every assessment must be informed by the views of the child, as well as the family. Children’s services are legally required under the Children Act 1989 to ascertain the child’s wishes and feelings about the provision of services.
The Working Together to Safeguard Children Guidance states that children should be seen alone, wherever possible. Unless there are exceptional circumstances, the Social Worker will talk to the parent(s) to ask for their agreement.
Our advice is that you should consent, even though you might find this difficult or unnecessary. If you do not, it may look as if you are attempting to control what the child says or have something to hide. If the Social Worker cannot speak to your child alone they may become much more concerned about the child’s welfare and may consider an application to the Court.
The Social Worker should consider whether speaking to a child alone may cause distress and if it would be more appropriate to ask another adult, such as a teacher or a friend to be present. When you give permission, you may wish to request that another appropriate adult is there. You may also be able to suggest ways in which the meeting can be arranged to help your child feel comfortable.
If the Social Worker speaks to your child without consent from a parent or someone with parent responsibility then he/she will need to be able to justify the reasons for doing so, ultimately to the Court.
Generally, we would advise that you co-operate with the Social Worker and allow them to do their job. You should not talk to the children before the meeting about what they should say to the Social Worker or quiz them afterwards.
What will the Social Worker say to my children?
Social Workers are skilled at talking to children and will do so in an age-appropriate way. Talking to children and young people is a central part of the Social Worker’s job. Usually, they will start by introducing themselves and explaining their role. They will probably talk about school, your child’s favourite things to do etc, and then about what the child would do and who they would talk to if they were worried about something.
Social Workers often use play, drawing and activities to engage with children and help them to express their thoughts. Tools like puppets, pictures and other nonverbal methods may help the children to feel more comfortable and to understand.
The Social Worker will not want to upset your child. You will probably be much more upset at the idea of the Social Worker talking to your child than the child will be spending a few minutes chatting in a safe environment.
Next Steps...
If you are worried or have any questions, please contact one of our family team at legal@timms-law.com or on freephone 0800 011 6666.
