Removing a child from the care of their parent(s) is one of the most serious decisions a court can make. It is never taken lightly.

A child will only be removed if the court believes that they have suffered, or are at risk of suffering, significant harm because of the care – or lack of care – provided by their parent. This legal test is known as the threshold.

Mental Health and Parenting

Mental health is much more widely recognised now. It is spoken about more and many people, not just parents, experience mental health challenges at some point in their lives.
Even so, having a mental health condition as a parent does not automatically mean that a child will be removed.

The local authority will only intervene when a parent’s mental health affects their ability to:

• Keep their child safe
• Provide a basic and consistent standard of care
• Meet the child’s physical, emotional, or developmental needs

Support before removal is considered

If a parent is struggling with their mental health, the local authority will usually explore whether the family can be supported safely at home. This support might include:

• Regular visits from a social worker
• Mental health input from professionals
• Safety planning
• Temporary help from trusted family members living in or visiting the home

The goal is always to keep children with their parents wherever it is safe to do so. Unfortunately, there are situations where support is not enough, and children may need temporary alternative care to keep them safe.

When might a child be removed due to parental mental health difficulties?

There are certain circumstances where removal is more likely. One example is when a parent is sectioned under the Mental Health Act 1983. Being sectioned means the person is too unwell to make decisions about their own care. As a result, they would also be unable to make safe decisions for their children.

In these cases, the local authority may apply to the court for an Interim Care Order (ICO). This allows the local authority to share parental responsibility with the parents so they can make decisions for the child while the parent is unwell.

Where would my child go if they were removed?

If removal becomes necessary, children are not automatically placed in foster care. Before foster care is considered, the local authority must explore safer, more familiar options, such as placing the child with:

• Grandparents
• Aunts or uncles
• Other suitable family members or close friends

Foster care is treated as a last resort when no appropriate family placement is available.

Reducing stigma and seeking support early

Though mental health difficulties are less ‘taboo’, that doesn’t mean that it still isn’t difficult for a lot of people, particularly parents who are already managing multiple responsibilities trying to be the best parent they can be, to truly share how they are feeling.

This sadly leads many parents to avoid seeking help, leading to them suffering in silence.

Seeking help early is a sign of strength and can prevent problems from escalating. If you are struggling with your mental health, as a parent or not, you are strongly encouraged to ask for help – you will not be judged.

How Timms can help...

If you need any advice on this, or any family matter, please feel free to contact me on 01283 561531 or email l.watson@timms-law.com

For more information about care proceedings, visit our webpage here.