Section 47

[Starbaa]

Hi, I have 3 children including a newborn. A couple of weeks ago on a Friday, social workers turned up on my doorstep claiming there'd been an incident involving my partner and eldest on the way to school and that a member of the public has witnessed my partner punch my eldest in the stomach (both my partner and son have said my partner pulled my son out of the road) anyway they made my partner leave home, my kids were devastated then the social workers promised them it was "only for the weekend" they refused to let anyone stay with me for that weekend leaving me 3 weeks after a cesarean with 3 kids alone (incision infected and painful) they didn't even bother to learn my name! On the Monday I had 2 phone calls from a social worker asking who my children actually are (they somehow had my exes other children instead of my children down as being at my address) an hour or so later I had another phone call saying they'd had a meeting and had decided to do a section 47 and have painted my partner who is the most kindest and loving man I've ever met as a monster. The social worker came to see me since I asked her to tell me face to face rather than over the phone and she went to see my partner who is staying with friends and afterwards she seemed more concerned about my sons behaviour. So many things don't sit right with me about this situation. My partner is supposedly a "risk" and isn't allowed home or near my kids but I'm allowed to take my newborn to see him.
He's also allowed to stay at a friend's with a minor alone.
He's allowed contact (text, phone calls, video calls) with my boys.
Am I right in thinking (especially after looking it up) that if they genuinely thought my partner was a risk none of this would be allowed?
My partner has spoken to someone who said we shouldn't worry the social workers have made mistakes and broken the law from the start (not using a carseat for my middle child being one of them) and that the "witness" statement would be laughed out of a court room if what they said was really a concern why has there been no police if they thought my partner had assaulted my son he'd have been arrested and that when this is all over we should make complaints and take legal action against them. Is that correct? Also during this investigation what do they actually look for? I was told they look up medical history and speak to schools etc and the social worker mentioned they'd looked at medical records found my eldest asthma but when I mentioned my middle sons heart condition they hadn't found that... I'm so confused.

[Suzie, FRG Adviser]

Dear Starbaa,
Welcome to the forum and thank you for your post. My name is Suzie and I will be responding to you today. I am sorry to hear about the difficulties that you and your family are experiencing.
Children’s services were informed that your partner had physically assaulted your son when they were on their way to school. Both your partner and your son deny this. Children’s services asked your partner to leave the family home and have said that they are starting a child protection investigation (also known as a section 47 investigation). You would like to know what they might be looking for during this investigation and you also feel that children’s services have not acted appropriately and are considering legal action and making a complaint.
I hope that the following is helpful to you.
When children’s services receive information that makes them suspect that a child may be suffering significant harm then they must by law carry out child protection enquiries. You say that although there was an allegation of physical assault made against your husband there was no police involvement regarding this. To clarify, children’s services do not need a police report to begin child protection enquiries – they simply need to suspect that a child may be suffering significant harm. The child protection enquiries are carried out by a social worker and they will ask other agencies and practitioners for information to help them with their enquiries. This will include schools, health services (e.g GP and health visitor), the police and any other agencies that might be involved with the children. The social worker should meet with the parents and they will need to speak with the children involved. Government guidelines says that they should meet with the children on their own but they will normally need to ask the parents permission before they do this.
It is really important that you understand exactly what the concerns are that children’s services have. You say that when the social worker came to visit you she seemed more concerned about your son’s behaviour than about the physical abuse allegation – I would suggest that you discuss this further with the social worker so that you can clarify this.
For more detailed information about child protection enquiries and assessment you can see our website here and here. We also have a webpage which explains how children’s services should involve parents during the process here.

You say that your partner was asked to leave the family home and that you were told that no-one else could stay with you to help care for the children. Was there someone suitable who could have stayed with you to give you that support? If so then you may wish to discuss this further with the social worker or their manager and ask them to clarify why they made this decision. If you are unhappy with their response they you may wish to consider making a complaint as it would appear reasonable to ask a family member or friend to help you care for the children in your situation. You say that your partner has not yet returned home and I am unsure whether you have anyone helping you with the childcare now. If you don’t then I would suggest that you discuss this with the social worker and perhaps consider requesting a family group conference so that your support network can come up with a plan of how they might be able to help you through this difficult time.

Lastly you say that you are considering legal action and making a complaint against children’s services. We have detailed information about making complaints on our website here which you may find helpful to look at. This has details about the different stages of formal complaints and how to complain beyond children’s services if necessary. If you choose to you can discuss your situation with a solicitor to get some legal advice – The Law Society website has a ‘Find a Solicitor’ database which you might find useful.
It is always a good idea to get any information or requests that children’s services make of you in writing. This means that you have the evidence if you do decide to make a complaint, and it may help in clarifying things from children’s services.

I hope you find this helpful and should you wish to speak to an adviser, please telephone our free confidential advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday. You are also welcome to post again in this forum.
Best wishes,
Suzie

[Starbaa]

Hi thanks for the reply. My partner has returned home, social services found nothing in regards to their investigation and stated that the initial report was probably made by someone with malicious intent although the social worker had placed us on a "child in need plan" for 3 months (I was told it's usually a 12 month plan but we don't need it for that long) the social worker says she has noticed some behavioural issues with my son and this plan is to help get support and to get my son assessed for ADHD and possibly autism which is a relief since I've been trying to get someone to listen to me about his behaviour for years. Thankfully my families openess and innocence shone through I know that's not always the case for some families. I will deffo be using the information you provided to put in a complaint against the original social workers (we have a different one to the ones who showed up on my doorstep).

[Suzie, FRG Adviser]

Dear Starbaa,

Thankyou for your further post and for letting us know the update with your situation.

It is good to hear that your partner has been able to return home and that children’s services have suggested that they will support you in getting your son assessed for his behavioural needs.

I just wanted to highlight to you that a child in need plan is voluntary and can only be implemented with your consent. Also that a child in need plan should be in place for as long as the support is needed, rather than for a fixed time period. It sounds as if the proposed child in need plan is likely to provide you and your son with support that you have been requesting for some time now which I hope will lead to some positive changes for your family. However do keep in mind that as it is voluntary if in future you feel that you and your family do not need child in need services then you are not under any obligation to accept them. On the other hand if children’s services decide to close the child in need plan and you feel that your son still needs more support you should discuss this with the social worker.

You can find lots of useful information about child in need services here.

If you wish to speak to an adviser, please telephone our free confidential advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday. You are also welcome to post again in this forum.

Best wishes,
Suzie