Problems with social worker and child in voluantary care

[Tribblehunter]

Good evening.

Quick summary- 12 year old child becoming difficult so we asked for respite (was under a child protection order due to circumstances beyond our control) social worker moved rapidly from that to voluntary care. 6 months ago. Child wants to return home but social worker says he is going to stay in care for the rest of his childhood. No planning meetings held. No real reason given.
Questions - How quickly will the police react if we decide to remove him from voluntary care?
What right does the social worker have to tell the child that when no decisions have been made yet as no planning meetings have occurred?

Any advice etc greatly received. I am just about to start to pay for a solicitor as i am 'just above' the limit for legal aid!!

[Suzie, FRG Adviser]

Hi Tribblehunter

Thank you for your post.

I am sorry to hear that you feel things appear to be spiraling out of your control at present. It is important to remember that any section 20 agreement does require your consent to your child being accommodated, on a voluntary basis, as you have parental responsibility for them. You should be fully involved in any decision making about your child, and the Local Authority need to consult with you about any decision's in relation to their day to day care. You are entitled to withdraw your section 20 consent at any time. But since your post does not give details about the circumstances around your child being placed elsewhere, I would only advise you to withdraw your consent by taking legal advice, first on http://www.lawsociety.org.uk.

Best Wishes


Suzie

[Basil]

If you agree for your child to go into a placement then can you withdraw at any time?

[Suzie, FRG Adviser]

Hello Basil

I am going to answer your other thread in more detail. In brief though, a child is accommodated under section 20 with their parents’ consent. The parent has every right to remove this consent at any time and ask for the child to be returned to their care. If children’s services believe that this would place the child at risk of significant harm, they have a duty to take emergency action to safeguard the child by involving the police or applying for an emergency protection order. Both of these actions can be done very quickly to prevent a child from being removed from care.

In your situation, Tribblehunter, one option is to write to children’s services, raise your concerns, indicate that you are considering removing your consent to accommodation and ask them to be clear about what action they would take in this situation. If children’s services do intend to issue care proceedings, they should first send you a formal letter inviting you to attend a meeting with them and advising you to attend with a solicitor. This letter automatically entitles you to a limited amount of free legal advice and representation. If children’s services go ahead and issue proceedings, you are then entitled to free legal representation throughout the process.

Best Wishes

Suzie
FRG Adviser