Advise needed

[Hopeful]

My husband pleaded guilty 16 years ago to sexual offence with his sister who is 3 years younger than himself. The incident happened 16 years prior to sentencing when he was between 15 and 17, his original sentence was 3 years but due to mitigating circumstances it was reduced to 12 months in the appeal court. He served 6 months, when he came home as we had a 4 year old daughter a case conference was held by social, police and educational staff. He was deemed low risk and was allowed to return to the family home and no more involvement from social was needed. He was however put on the sex offenders list for 10 years.
Eight years on his dad past away which helped us build bridges with his sister and we are all now on a friendly terms. Because of this, and the fact she enquired into fostering recently, social service have got involved again and now want to look back at the case notes of 16 years ago. Because his sister used the words’ No risk’ in her initial fostering meeting, social services have swooped on her and have done a referral, as she has an 11 year old daughter herself. They have interviewed her and mentioned they need to look back at the history of the case, but in some cases they may ask me to sign a document to ensure my husband is not left alone with children. Surely this should have been done 16 years ago if they thought him a risk? We have two daughters now 20 year old who does not live at home and has a daughter herself and 14 year old, both don’t know about the past and would like to keep it that way! Can social suddenly open up a case again without any justification to do so? There has been no prior convictions since the incident 35 years ago. Advise on this would be helpful.

[Suzie, FRG Adviser]

Dear Hopeful

Welcome to the Parents’ Discussion Forum.

My name is Suzie, online adviser, at Family Rights Group.

I am sorry that you are feeling worried and concerned about recent events that have led children services to be involved with your sister-in-law and you.

Bearing in mind that your situation was looked at and fully assessed when your daughter was very young and your husband was deemed low risk and able to return home, it is a little difficult to understand why children services would want you to sign an agreement about your husband not being with children unsupervised. My advice is that you do not sign anything without having a full explanation from children services what their concerns are for your child. You are within your rights to say you wish to seek legal advice before signing anything.

As far as your sister-in-law is concerned, because she is applying to be a foster carer children services will want to carry out a thorough check of her circumstances. In saying that your husband was ‘no risk’ the social worker may have felt that she did not understand possible safeguarding risks because of what happened to her and she stating that he was not a risk.

Children services have not received a referral about your family, but concerns have been raised because of the assessment being carried out in respect of your sister-in-law becoming a foster parent. I suggest you ask why they need to be involved with you and your family now.

Regarding the case papers, because of data protection they cannot share your husband or your information so would need your agreement for that. However, there is nothing to stop a social worker reading historical case notes.

From your post you state that your sister-in-law only spoke of her brother being no risk, however there is a possibility that more might have been said to raise concerns. The fact that your youngest daughter and your husband’s niece are now of a similar age to his sister when the offence occurred could have led to present concerns in respect of a risk posed to them by your husband. Alternatively, there might be something in the case notes that has triggered the current concerns.

It is very important that the social worker should be open and transparent with you about their concerns and inform you of any assessment that they intend to carry out in respect of your daughter. Please see our advice sheet about what should happen if children services receive a referral. I am also attaching our advice sheet relating to child protection enquiries which you may find helpful.

You can put your concerns in writing to children services asking what action they are taking and why, as well as the time scale for any investigation or assessment. Children services might also have concerns about the fact that your children are not aware of what their father did in the past.

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

I hope you find this helpful.

Best wishes

Suzie

[Hopeful]

Many thanks for your reply; I have read the initial fostering report that was done which has caused concerns, and apart from talking about historical information, which was dealt with 16 years ago nothing else was brought up to make them think he has become high risk. I believe the main concerns of the social worker with regards to the sister are:
1. Using the words ‘No risk’ instead of ‘Low Risk’ when talking about her brother.
2. There were aspects with regards to the fostering of the said child (friend of the daughter) and the fact the sister had saw things with regards to issue of care that she had not brought to social services.

So not quite understanding why my husband would be looked into again after all these years. I am hoping that social worker will look at historical case and come to same conclusion as they did 16 years ago. However what If they now disagree with decision that was made (legislations may have changed etc.) can they re-open the case even if there is no reason too? Is there a chance they may force us to tell my daughters? Think it’s so unfair that this has been opened up again.

Just want to know what to expect should social services come knocking.