Revoking Voluntary Consent

[TRE54]

My husband was arrested for porn offences 2 years ago and the investigation only ended 6 months ago. It’s gone to CPS but that was 6 months ago so we are waiting their decision to charge or not.

The social services have recently downgraded from a child as risk to a child in need. The social worked let slip that’s it’s voluntary but we were not aware.

So my question is can we revoke consent and move my husband home?

Over the 2 years with social we have never done anything wrong and have stuck to the rules. My husband is now 15 and has contact with my husband everyday, he just sleeps at another house.

My daughter wants her dad home and we want to get things back to normal as possible even if it’s only for a short while.

Hope that all makes sense.

[Need help 2021]

Hi I wanted to ask you you say he was arrested for porn you mean adult porn

[TRE54]

No animated porn that they said is considered child porn.

Think it’s called “depicting children”. Was a series based on video game characters.

He has admitted it and is looking to get treatment with porn addiction

[Need help 2021]

Aww ok so there are still desideing if he will be charged or not at the moment are you both living together or living or separate because of socail service .

[TRE54]

At the time of arrest he had to move out and now has a separate home which is difficult financially.

He has unlimited supervised access but cannot stay because I can’t supervise while I’m asleep.

Our daughter was 12 at the time of arrest. The bail conditions were no contact to begin with but the 4th bail request was denied by the judge and he was released investigation.

[TRE54]

Because of social there’s a child in need but we weren’t told it was voluntary.

The social worker let slip last week. We want to revoke consent and move him home. Both myself and my daughter agree.

[Suzie, FRG Adviser]

Dear TRE54,

Welcome to the parents' board and thank you for your post.

You say in your post that your husband was arrested 2 years ago for 'porn offences' 2 years ago, related to the depiction of children, and that the investigation ended 6 months ago. The case has gone to the CPS and he is awaiting the decision as to whether he will charged. You have a 15 year old child who was previously subject to a child protection plan. This has now been downgraded to a child in need plan. At the time of your husband's arrest he moved out of the home, and currently still lives elsewhere. From what I understand, he is not subject to any bail conditions. Your child has unlimited contact with your husband everyday, but this is supervised by you and he cannot stay overnight. You say that your daughter wants her father to return home - you want to know whether you can withdraw your consent for the child in need plan and for your husband to return home.

Firstly, you are right in saying that it should have been made clear to you that working with children's services on a child in need basis is consent based. Nevertheless, from what you say, children's services may still have some concerns about the offence your husband is alleged to have committed and the risk he may pose to your daughter. It appears that they do not feel it would be safe for him to move into the home on a permanent basis as he cannot be supervised at all times. Has your husband undergone a risk assessment in relation to contact and have you spoken to the social worker about how long they will continue to recommend that contact takes place in this way?

You are right in saying that you can withdraw your consent, however, it is very common for children's services to remain involved with a family under a child in need plan once a child protection plan has been downgraded. This is because children's services may take the view that the family will continue to benefit from support. Before you withdraw your consent, it is important that you speak to the social worker about why they are still concerned about your husband moving in and what steps they may take if you stop working with them. If they have concerns that refusing support and moving your husband back into the home may put your daughter at risk, they may initiate child protection enquiries again.

If you would like your husband to move back into the home, I would advise that you speak openly with the social worker about what measures would need to be taken to ensure that this is safe for your daughter. Whilst children's services cannot dictate where your husband lives, they do have a duty to safeguard your daughter, and if they think that you are not prioritising her safety, they may take further steps as described above.

I hope you have found this helpful.

Best wishes,

Suzie.

[TRE54]

Thanks for the advise Suzie,

They said a risk assessment can’t take place because they don’t know what the charges are. Once CPS have replied then they can make and assessment.

My husband did reach out to Lucy Faithfull to pay for an external assessment, as advised by social, but they only take referrals.

I will talk with me social worker and see if we can move things along.

Thanks again

[Need help 2021]

Hi any updates on your case From last time thank you