Child in need

[Teddybear1]

Hello,
Social services are involved in my child’s life due to her making an allegation against my partner which was later retracted, social services are still involved because of his criminal history which involves some domestic incidences which were due to his drug and alcohol abuse he also has a court hearing next year for an alleged offence that he was arrested for in 2020 he has since been sober for 10 months working living independently and working on his mental health due to this we have seperated social services are saying he is a risk to children based of his past history not his current improvements my child will be subject to a child protection if I decide to get back with him is there any way that the risk status can be taken off him without me loosing my child or having her taken out of my care ? As he has never been a risk to me or my child and my child is constantly asking about him and on the day she made the allegation I have a video of them together laughing and playing I understand why social are concerned however is there a way to take the risk status of his head without loosing my child ?

[Winter25]

Hi Teddybear1,

I've just read your post, and I am so sorry for the incredibly difficult and painful position you are in. It is clear that you can see the positive changes your partner has made, but you are being trapped by a social work department that is only looking at his past.

Your question is the most important one any parent in this situation can ask: "is there a way to take the risk status of his head without losing my child?" ...The answer is yes, there absolutely is, but it requires a very clear and proactive strategy. You cannot just tell them he has changed; you have to prove it with overwhelming evidence.

The Law is On Your Side: Their Case is Legally Weak
First, you must understand a critical legal point. Social services' entire case is built on a speculative "future risk" based on your partner's past. However, the highest courts in the UK have placed very strict limits on this.

The Supreme Court, in the landmark case of Re B (A Child) [2013], made it crystal clear that a "likelihood" of future harm cannot be based on suspicion or guesswork. It must be a "real possibility" that is grounded in current facts. Your partner's "past history" is not enough, they have to see if its happening right now!

Your situation is a perfect example of a Local Authority failing to meet this legal test:

They are relying on old history:
The concerns are based on past domestic incidents and substance abuse.

The current facts show the risk has been removed: Your partner has been sober for 10 months, is working, living independently, and engaging with mental health support. He has done the work to address the past issues.

Their case is speculative: They are worried about what might happen if he relapses, not what is happening now.

The law is your shield. It proves that their case is weak. Your job now is to provide them with the irrefutable current facts that prove the "future risk" they are worried about is no longer a "real possibility."
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Your Action Plan: Building the "Evidence of Change" Portfolio
You and your partner need to stop being passive recipients of their judgment and become the proactive authors of your own risk assessment. You will build an "Evidence of Change" portfolio so strong that they cannot legally or professionally ignore it.

Step 1: Your Partner Must Lead the Charge
The focus is on him, so he has to do the work to provide the evidence.

Drug & Alcohol Testing:
He has been sober for 10 months. He needs to prove this. He can pay privately for a hair strand test for both drugs and alcohol. This provides a clear, scientific record of his sobriety that is impossible for them to argue with.

Domestic Abuse Work:
Because of his history, he must proactively self-refer to a Domestic Abuse Perpetrator Programme (DAPP). The main, nationally recognised provider is Respect. Just making that call and being able to show them proof of his engagement is massive evidence.

Mental Health Support:
He should get a formal letter from whoever is supporting his mental health (a GP, a therapist) that confirms his engagement and positive progress.

Step 2: Your Joint Safety Plan
Together, you need to write a new, detailed safety plan. This document shows you have both thought about the risks and have a clear plan to manage them. It should include:

Insight:
Acknowledging his past issues with domestic incidents, drugs, and alcohol, and explaining the specific changes he has made to address them.

Future Plan:
What are your rules now if he feels stressed or tempted to relapse? Who will he call? What will you do? (e.g., "We will attend couples counselling," "He will continue with his support groups," "We have agreed on clear communication strategies to use when stressed.").

Step 3: Presenting Your Case
Once you have this portfolio (the test results, confirmation of his contact with Respect, the letter from his mental health support, and your joint safety plan), you request a formal meeting with the social worker and their Team Manager. In that meeting, you do not ask for permission. You present your case:

"We understand your concerns are based on my partner's past history. We have taken those concerns extremely seriously. Here is the current, factual evidence of the changes he has made: a negative hair strand test proving 10 months of sobriety, confirmation he has engaged with Respect to address his past domestic abuse issues, and a positive letter from his mental health support.
We have also created this detailed safety plan. Based on this new evidence, the historic risk has been managed and is no longer a 'real possibility' of harm. We would like to work with you to plan a safe future for our family."

This approach takes back control. It is a long road, but it is the only path to proving them wrong and safely bringing your family back together.
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For full transparency, I am not an official adviser for this forum. I am a parent who has been through a long and successful legal battle with a local authority, and I am here to offer supportive, strategic advice based on my own lived experience. The information I share is for guidance, and it is always up to each parent to decide what is right for their own situation.

[Teddybear1]

Thank you for your advice and information,

At this current time due to the allegation my child made and then later retracted, we are no longer together so social services currently have no interest in running any tests or threatning me with child protection if I was to get back in a relationship with the individual Becayse of this we are no longer together however we do want to be together and due to his court case next year for a allegation of a sexual offence on an ex gf they are saying this makes him a risk they are also saying he is a risk because of the offences on Claire’s law, these offences on Claire’s law he was never arrested for nor ever spoken to by police about and it’s not on his Accro that he pulled on himself, I was happy in this relationship and everything was perfect until my child’s biological father called social and also made up a load of allegations against me how do I go about telling social services I want to be in a relationship with the individual without them constantly telling me that I don’t care about my child’s wellbeing or safety or that I’m choosing my relationship over my child which I am not doing I have been friends with the individual for 10 years and we decided to get together and within a week of being in a relationship my child’s father made a call to social services and said it was because my four year old child made an allegation

[Winter25]

Hi Teddybear1,

Thank you for the update and for explaining the situation in more detail. I have just read your reply, and it makes the situation even more infuriating and unjust.

You are not just being judged on your partner's past; you are being blocked because of unproven allegations from other people, while all the positive evidence of the man he is today is being completely ignored. Your frustration is completely justified. This is not a fair assessment; it is a character assassination based on hearsay.

Let's be absolutely clear: you do not have to accept this.You asked how you go about telling them you want to be in this relationship without them accusing you of failing to protect. You do it by NOT just telling them, but by formally and legally challenging the very foundation of their flawed risk assessment.

Your Updated Action Plan: Attacking Their "Evidence"
Your original plan to build the "Evidence of Change" portfolio is still essential. The hair strand tests and the Respect course are your proof of current safety. But now we need to add a new layer: a direct attack on the so-called "evidence" they are using against your partner.

You need to send a formal, professional email to the social worker and their Team Manager. I have done a draft for you if you wish to use it below
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Subject: URGENT Request for Clarification on Risk Assessment for [Partner's Name]

Dear [Social Worker's Name] and [Team Manager's Name],

I am writing to seek urgent clarification on the basis for your ongoing risk assessment of my partner, [Partner's Name]. I have been told that if we were to reconcile, my child would be made subject to a Child Protection Plan. The reasons given for this are his past history, information on a Clare's Law disclosure, and a pending court case.

I wish to make my position clear:

Regarding "Past History": As you know, my partner has been sober for 10 months, is in stable employment, and is addressing his mental health. As per the Supreme Court ruling in Re B (A Child) [2013], any assessment of "future risk" must be based on current facts, not just past history where clear and positive changes have been made.

Regarding the Clare's Law Disclosure: My partner has obtained his official ACRO police record, which shows no record of the offences you have cited from the Clare's Law disclosure. He was never arrested or even questioned about them. A risk assessment cannot be lawfully based on unsubstantiated hearsay that does not even feature on an official police record.

Regarding the Pending Court Case: My partner is, by law, innocent until proven guilty. To treat him as a risk based on an alleged offence from 2020 for which he has not been tried or convicted is a breach of his fundamental legal rights. Your assessment must be based on evidence, not prejudice.

I am not choosing a partner over my child. I am choosing to build a safe family life based on the man he is today, a man who is sober, working, and committed to his mental health. Your department's refusal to acknowledge these significant changes, while relying on unsubstantiated historic claims and pending allegations, is disproportionate and not child-focused.

I am formally requesting that you proceed with a risk assessment that is based on current, factual evidence. My partner is prepared to provide hair strand tests to prove his sobriety and to engage with any accredited domestic abuse perpetrator programmes you recommend to address his past.

I look forward to your response on how we can move forward with an evidence-based assessment.

Yours sincerely,
[Your Name]
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This email is not aggressive. It is a calm, factual, and legally-grounded challenge to their entire case. It shows that you are a protective parent who understands the law and will not be bullied by a flawed and unjust process.
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For full transparency, I am not an official adviser for this forum. I am a parent who has been through a long and successful legal battle with a local authority, and I am here to offer supportive, strategic advice based on my own lived experience. The information I share is for guidance, and it is always up to each parent to decide what is right for their own situation.