can social services keep a case open even if cps drop it?

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darrenv60
Posts: 6
Joined: Sat Dec 12, 2015 1:01 am

can social services keep a case open even if cps drop it?

Post by darrenv60 » Fri Jul 01, 2016 8:08 pm

Hi im a single dad and last year got into a relationship with an ex that i had dated some 7 year's prior, she had just seperated from her apparently violent husband but lived in the same village to him and her two children went to the same school as his two. After only about 3 weeks she phoned me up crying her eye's out saying that he often gives her grief at the school or if he sees her walking around and she was terrified of him and that he often hit her and the kids so i told her to move in with me and my daughter. Thing's were really good for the first two week's then she said she was taking the kid's to there aunt's for the weekend which obviously was fine untill she messaged me that night and it said the message was sent from her husbands village!! I asked her about it but she denied it all, unfortunatly for her her 5 year old son let slip that they had stayed there. Thing's went down hill quickly from there but i felt trapped and didn't have it in me to kick her and her kid's out as they had nowhere to go. But the love and trust had gone so i managed to last six month's before we had a big argument and i left and told her to be out of mine by the end of the weekend. The next morning the police came to my mums and arrested me for common assault which after 8 hours was dropped as she had no marks and my mum had picked me up so was a witness that she wasn't injured and was screaming at me as i left. Then 10 weeks later the police come at 2 in the morning saying i had to pack a bag for my daughter as social services were on there way to take her into care but wouldn't tell me why! the social worker was brilliant in fairness she said she couldn't tell me the reasons she was there but me and my daughter could go to my mums if my mum was willing to take care of her and i wasn't allowed any unsupervised contack with my daughter, the social worker even drove us the 30 miles. 5 weeks later the police question me and tell me my ex had accused me of touching her 7 year old daughter. I only got interviewed once and they interviewed my two niece's also as they had been living with me 3 months of the 6 that my ex had. I had regular meetinge with social services and again they were always nice and kept saying it was ridiculous how long it was all taking. The social worker said that no matter what the cps outcome i would have to do a risk assesment which just involved meeting two social workers twice and talking about my past and the allegation which i totally understood. Then yesterday the police phoned and said they were taking no further action and even told me my ex had done the same thing to her daughters dad two years ago which had also been thrown out. So i phoned social services today all relieved that it was finally over and we could finally get on with our lives just to be told that no further action from the police meens nothing to them and i still have to be supervised with my daughter and if i see my other children, niece's or nephews i have to inform then so they can inform there local social services of the allegation made against me! Can they do this? Can they keep a cade open that the police opened snd closed? My whole family has just gone through 8months of hell just for it to all start again just as we thought it was over!

Minnie
Posts: 75
Joined: Tue Dec 15, 2015 7:02 am

Re: can social services keep a case open even if cps drop it?

Post by Minnie » Mon Jul 04, 2016 8:04 am

Hi,they did with my family. The police decided not continue with their investigations but social services decided to continue with theirs. We are 8 months down the line and almost at the final hearing of care proceedings. The social worker decided we were going to court the day he took over the case,issued care proceedings 8 weeks later. So,Yes they can

darrenv60
Posts: 6
Joined: Sat Dec 12, 2015 1:01 am

Re: can social services keep a case open even if cps drop it?

Post by darrenv60 » Mon Jul 04, 2016 9:13 am

I do totally understand social services involvement and i have been totaly open and honest from the start, the police didn't even tell the social worker the details of the allegation so i told her. I understand the need for a risk assesment but the social worker asked about my other children that i have not seen for years and asked what i would do if any of them tried to contact me in say a few year's time, so i told her that obviously i would be more than willing to meet them and the social worker said if this happened i would have to inform them so they could let the childrens local social services know of the allegation made against me! I honestly don't know how she can say that before I've even had my risk assesment, i have no criminal record, never had any accusations made against me before, my ex has made the same accusations about her daughters dad!! And obviously if they are saying that even in a few years i will have to inform them if i meet my other children then they have no intention of letting me have my daughter on my own. I feel so lost, i have had sole custody of my daughter since she was 6 months as her mother was a alcoholic and not it seems like ive lost everything because of a evil ex.

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Suzie, FRG Adviser
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Joined: Mon Jul 04, 2011 2:57 pm

Re: can social services keep a case open even if cps drop it?

Post by Suzie, FRG Adviser » Wed Jul 06, 2016 11:41 am

Dear Darren V60

My name is Suzie, one of FRG’s online advisers.

I am sorry to hear that you have been going through such difficulties in respect of the recent allegations made by your ex-partner in relation to her 7 year old child. As a result your daughter was placed in your mother’s care under what appeared to be a voluntary or section 20 agreement, which means there is no court order in place.

Your post also indicates that as a result of her mother’s difficulties with alcohol dependency, meant she was placed with you as the sole or main carer. It is an encouraging sign that the Local Authority assessed you as a protective factor when there were concerns about her welfare.

Whilst the police found lack of evidence to pursue a criminal matter against you, Children’s Services on the other hand have a lower threshold to pursue statutory duties and enquiries to establish if your daughter has experienced or is at risk of suffering ‘significant harm’ .

Under the circumstances, you would expect that Children’s Services would wish to conduct a risk assessment, which may involve liaising with relevant professionals in the same or other Local Authorities if required. This will inform them about what if any actions or family support is required in order to ensure your daughter’s ongoing safety.

Although I appreciate that the current situation must have been distressing and stressful for you, please try to persevere and continue to cooperate with any investigations that are taking place.

Should you wish, please speak to an adviser on our free advice line on: 0808 801 0366 Monday to Friday between 09.30 am to 03.00 pm.

Best Wishes

Suzie

darrenv60
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Joined: Sat Dec 12, 2015 1:01 am

Re: can social services keep a case open even if cps drop it?

Post by darrenv60 » Wed Jul 06, 2016 1:30 pm

Hi suzie thank you for your reply. Like i said in my last post i totally understand why social service's are involved and the fact that they need to conduct a risk assesment. But the social worker said that if any of my other children try to contact me in a few years as she put it, i would have to inform them so they could inform the children's local social services of my allegations. That is just like me being convicted and put on a sex offenders register and does that meen they would have to inform any neighbours i moved next to that had children? I have spoken to the police officer that was in charge of the case and my solicitor and they both said that it's ridiculous as it was only an allegation and my solicitor is contacting social services to find out more. I just wanted advice of anyone that had been in my position as i dont understand how social can say something like that before i have even had a risk assesment! I was never arrested and my ex had made almost identical allegations about her daughrers father two year's ago. I just dont get it

Murray72
Posts: 118
Joined: Mon Mar 12, 2012 9:48 am

Re: can social services keep a case open even if cps drop it?

Post by Murray72 » Wed Jul 06, 2016 2:06 pm

Hi,
CS will do an investigation regarding any allegations made, if they decide to follow the route of court proceedings they can do a "Finding of Fact" this is like a trial in the family courts, you will have an opportunity to put your case across and fight the allegations, There is no Jury and a Judge decides on the basis of probability if the events took place. The burden of proof in this case is only 51%.

Hopefully the case by CS won't come to this and they will close the case, but the CPS not taking action has no bearing on the action CS take.

CS can contact future partners if they feel a risk is posed to any children involved. I doubt they can inform any neighbours, but not 100% sure, Suzie might know more about the law surrounding this.

When you state your Solicitor is contacting CS, do you mean your criminal solicitor or a family solicitor, from personal experience I found advice from criminal solicitors was very unhelpful, simply because they are used to dealing with fact and proven convictions, they do not understand the CS at all. CS can and do deal with allegations, word of mouth and third party events.

darrenv60
Posts: 6
Joined: Sat Dec 12, 2015 1:01 am

Re: can social services keep a case open even if cps drop it?

Post by darrenv60 » Wed Jul 06, 2016 9:15 pm

Hi murray thank you for your reply. All through the investigation the social worker has been amazing, very nice, constantly telling me what a good job i have dont teaching my daughter as she is very forward and so on. Then i phoned her the day after the police phoned to say there was going to be no further action and she was totaly different, very sharp and almost seemed angry that the police had dropped it. So what happens if they win this finding of facts? The burden of proof percentage is scary. Could i face jail for something i did not do?

darrenv60
Posts: 6
Joined: Sat Dec 12, 2015 1:01 am

Re: can social services keep a case open even if cps drop it?

Post by darrenv60 » Wed Jul 06, 2016 9:16 pm

And my solicitor is a family solicitor

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Suzie, FRG Adviser
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Re: can social services keep a case open even if cps drop it?

Post by Suzie, FRG Adviser » Fri Jul 08, 2016 1:54 pm

Dear darremv60

Thanks for your further post.

I think the best thing for you to consider doing in relation to the social worker’s comments regarding future contact with your children, is to write to the social worker’s team manager and copy to the head of children services, asking that you are provided with details of how the decision was reached. You should also ask for a copy of any policy the local authority has in relation to sex abuse allegations. I suggest you keep a copy of any letter that you send.

It might help you to contact the Lucy Faithfull Foundation here for further help and advice.

Your solicitor is seeking clarification from children services regarding the information the social worker has given to you and I think this is the way to deal with it. Hopefully, a response from children services will clear the matter up.

It does seem a little premature for the social worker to be focussing on what should happen in the future when the assessment of you has not ended. This is why I think it is important for you to know whether it is their local policy.

I think the Lucy Faithfull Foundation will be able to give you more detailed information as this is their area of expertise.

Regarding you question about going to jail following a fact finding hearing, the family court does not pass sentence and only decide whether or not the particular thing happened. There would only be a fact finding hearing if children services decided to issue care proceedings or the mother took you to court for an order for daughter to live with her and the issue of the allegations made against you became an issue in the either case.

Should you wish to speak to an adviser, please telephone our advice line on 0808 801 0366. The advice line is open 9.30 a.m. to 3.00 p.m. Monday to Friday.

I hope this is helpful.

Best wishes

Suzie

PerfectlySafeDad
Posts: 171
Joined: Tue Aug 23, 2016 2:57 am

Re: can social services keep a case open even if cps drop it?

Post by PerfectlySafeDad » Fri Aug 26, 2016 2:36 am

It's just bloody terrifying reading all this. Risk risk risk, the SS are obsessed by risk. I can't believe this can happen in 21st century Britain, severely restricting someone's family life because of word of mouth and the slightest 'possibility' of a future crime. For God's sake, there 'risk' in ANY parent driving a car with their kids in it or that a child 'might' have an accident at school,, or that they might fall of their bike. You can't take away all 'risk'. Society has literally gone mad over this, and the SS are utter Gestapo imho.

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