Social Services and their Search Powers

[BigDaveB]

Hello All,

I am after a bit of advice. Does anyone know the extent to which Social Services has the right to search my home?

Our new born is under a care plan, but each time Social Services comes over to visit, they demand to be let loose looking through our house. How legal is this, and do I have to let them?

We have nothing to hide but it it just seems odd that the Police cannot search your house without a warrant or probable cause, but Social Services go through our house each visit. I was wondering what would happen if I or my partner refused their request?

Many Thanks

[Kami2018]

Yes I think they have the power to look around especially when there is a child protection plan in place and when they believe someone is in the property that shouldn't be they can also search

[Suzie, FRG Adviser]

Dear BigDaveB,

Welcome to the Parents Forum. Congratulations on the birth of your baby.

You ask about whether children services have a right to search your home. No they do not have a right. They need your consent or a court order to come into your home.

You say your baby is under a “care plan”. Is there an interim care order?
To get an interim care order, the court would need to accept evidence that your baby is at risk of serious harm or in imminent danger. This order gives children services parental responsibility for your new born and they can make decisions about your baby including where baby lives. So it is important to cooperate with children services when they carry out assessments.

However, the assessment has to proportionate-so not using a sledge hammer to crack a nut. Why do they want to search your house? Is it necessary for the protection of your new-born? What are they worried about? You could ask them to set out why they are taking these steps.

If there isn’t a interim care order, is there a child protection plan ?
Under a child protection plan a social worker is expected to see a child at home regularly and part of the assessment might be checking the home. Do you know why they are carrying out searches?
It sounds like you are cooperating with children services but you should ask them to set out their reasons why they want to search your home.
I hope this helps but if you have any questions or need further advice, please post again.

Best wishes,

Suzie