Child Protection Plan

[Anon2022]

Hi,

Children's services became involved with my new partner, owing to a referral from Cafcass on account of findings being made during my child arrangements order in relation to sexual abuse of a child. Subsequently children's services and my partner have agreed that I should not be in contact with her children. No criminal charges were ever brought, owing to a lack of evidence and inconsistent statement from the witness.

They have put her children on a child protection plan owing to the fact that she refuses to say that I have done, what I've been accused of. Subsequently, they say that, because she won't say that I have done anything, she is lacking insight in to the potential for risks. However, she holds this opinion, owing to insight she gained as Mackenzie friend for my child arrangements order, giving her access to the entity of privileged information and observing the cross-examinations at fact-finding, a fact children's services are aware of.

Her long term social worker has stated that they will now have to do direct work with her and her children, however, in the last 3 months this has amounted to nothing at all being done, as the status quo that is being maintained at the moment, is not sustainable.

My partner has repeatedly been told by children's services, in particular during core group meetings, that she should end our relationship and is constantly being emotionally blackmailed into feeling like she's a bad person. She disagrees explaining that she has a right to a private life and there is no risk to the children as there is no contact, at all, between her children and I.

Children's services have no other concerns at all with my partner. Only that she is in a relationship with me.

Are they right to treat her this way, and how long do they expect her to tolerate this bullying?

What is the normal procedure in this instance. I am not a criminal, I am not a registered sex. offender, but my partner and I are being criminalised as one? What can we do?

[Anon2022]

Children's services, pressured my partners ex to make an ex parte application for a child arrangements order, citing risk of harm.

Application for urgent arrangements failed.

Partner and I have separated, owing to them having her over a barrel and her children being placed in jeopardy.

Sad day.

[Suzie, FRG Adviser]

Dear Anon2022

Thank you for your post. My name is Suzie, I am an online adviser for the Family Rights Group and will be responding to your post today.

I am sorry to hear of your situation. I hope the information and advice given below is useful to you.

Children’s services are involved with your ex-partner and her children because of an allegation of child sexual abuse made against you during private law proceedings. The children are subject to child protection plans because of your ex partner’s refusal to acknowledge what you were accused of.

You say children’s services placed pressure on your ex-partner to end the relationship with you. You feel this is unfair and unjust given you were not prosecuted for the alleged abuse. Initially, your ex partner refused to end the relationship or to acknowledge the alleged abuse had taken place. However, measures were put in place to ensure the children did not have contact with you. Subsequently, your partner has now changed her mind and has ended the relationship.

You want to know whether children’s services are ‘right’ to treat her (and you) this way and whether this is normal practice.

The request from children’s services is not legally binding. They cannot make a person end a relationship with someone. However, should the request be refused, they may decide to escalate the matter. I would advise your ex-partner to ask children’s services, in writing, what their plan would be if she decided to restart the relationship. This will support her to make an informed decision.

The evidence in a family court case is judged “on the balance of probabilities”. This means that the court will determine if it is more likely than not that the alleged incident took place. This is a lower threshold than in a criminal case where the burden of proof is “beyond all reasonable doubt”. There is a very small difference between succeeding in the balance of probabilities and failing on the balance of probabilities. If the evidence is such that the court can say ‘we think it more probable than not’ the case succeeds, but if the probabilities are equal the case fails. It is probable that children’s services placed the children on child protection plans because of their concerns regarding the allegations made despite their being no criminal prosecution.

If you ex-partner feels she has not been fairly treated by children’s services she may wish to consider making a formal complaint. I have added a link HERE which advises of the process. On this page you will find:

• What the law says about complaints and who can complain
• What complaints can be about
• Making complaints
• How complaints are dealt with
• Complaining beyond children’s services

I have further added a link HERE to our working with social worker guidance. It offers ‘top tips’ and templates to get the best out of this working relationship and how to escalate if you are not satisfied with the service you receive.

In respect of the direct work children’s services said they would be carrying out with your ex-partner and her children. Is this part of the child protection plan? If so, this should be recorded as such and the matter taken up with the Child Protection Chair Child Protection Chair . If matters are not progressing and the support is not forthcoming. I would suggest your ex-partner writes to the Chair, copying in the social worker and their team manager, to inform them of the lack of progress on this matter.

I hope you find this information useful.  Should you wish to speak to an adviser please call our free advice line: 0808 801 0366 (Mon to Fri 9.30a.m. – 3.00p.m) excluding bank holidays. Or you can, of course post on here again.
Best wishes, Suzie

[benion]

Sounds like a tough situation.

A lot of people do not understand the difference between burden of proof in criminal and family law. This can lead to people who have a clean criminal record, still being deemed a risk by the family courts.

Criminal convictions are based on guilt beyond reasonable doubt. I call it "99% proof".
The family courts base their decisions on the balance of probability, meaning if there is a 51% chance an allegation is true, it will be treated as a fact.

This is a case where there is not sufficient proof for a guilty verdict, but still the local authority feels that it is more likely than not that you are a risk of sexual harm.

I am sorry to hear that your partner has now left you. Having SS input can put a family under a lot of pressure, but ultimately they are just doing their best to safeguard children. This is dreadful for the wrongfully accused, but every day SS do prevent many innocent children from abuse.

[Anon2022]

Apologies for sustaining this thread, however, I have further questions.

First of all thank you for your advice and replies.

To update, my ex's involvement with childrens services as concluded and there is now no involvement with them. Also, her ex partners application for a CAO has also concluded with the existing arrangements to stay in place, i.e to live with mother and spend a few days a fortnight with father.

Moving on to my questions. It is really difficult for me to move on, for two reasons, a) the thought of having childrens services encroach into a new relationship is depressing, and ultimately very traumatic and hostile and I would have no wish to put anyone through that again.
b) I just can't see a way to fix this.

What can I do, where do I turn, what services are available that will help me live a normal life?

I've tried to contact children's services and they do nothing and never get back in touch.

There must be something?

[Suzie, FRG Adviser]

Dear Anon22,

You say that your ex-partner and her children are no longer involved with children's services and there is a child arrangements order in place that states the children should live with her and spend a few days each fortnight with their father.

You are finding it difficult to come to terms with children's services becoming involved in a future relationship and would like to know what services would be able to support you.

Firstly, it is worth mentioning that children's services may only become involved in your life again if you begin a relationship with someone who has children, or if you decide to have a child with someone at some point in the future. Given the allegation made against you, children's services would most likely want to complete an assessment in such circumstances, and their recommendations, including whether or not they need to remain involved, would be based on the risk they think you pose.

You say that you allegations of child sexual abuse were made against you. You deny the allegations and say that no criminal charges were brought. Lucy Faithful is an organisation that provides confidential advice those who have been arrested for offences relating to child sexual abuse and their relatives. They offer advice via their helpline on 0808 1000 900. You may or may not find this organisation to be relevant to you.

You may also find it helpful to contact Unlock on 01634 247350, an organisation that supports and advocates for people with criminal records.

Best wishes,

Suzie.