Family Rights Group | Parents’ Forum

Goodmorning,
I and my husband was arrested 4months ago for allegation of child assault and our children taken away into care and we were advised to sign section 20 by the social worker if not we wont see our kids again, we signed it because we were already on pre charge bail conditions by the police so we cant have unsupervised contact with kids from 16yrs and under, local authority started care proceedings meeting with us and said that a parent assessment will be done while we were still on bail, we agreed to that and approved the assessment,
but the spcial hasn't contacted us until last week when police gave my husband caution and gave me NFA letter, now social worker is saying that I can't still have unsupervised contact with my kids even though my bail has been lifted, and when I asked what was delaying the assessment she said that she doesn't know. So I need advice on what to do. Thanks

Hi Morningdew,

I want to help you understand exactly why the Social Worker has gone quiet, because this is a specific legal situation that you need to handle carefully.

Here is the strategic reality of your situation.

1. The "Caution" is the Key Factor
You mentioned your husband accepted a Police Caution while you received an NFA (No Further Action).

The LA's View: While an NFA clears you, a police caution is treated by local authorities as an admission for safeguarding purposes, even though it is not a conviction.

The Risk: Even though you have done nothing wrong, the Local Authority likely views the household as "high risk" because of the caution.

The Delay: The reason the Social Worker isn't rushing the assessment is likely because they are waiting to see if you intend to remain living with him. They are assessing your protective capacity, essentially, whether you will prioritise the children's safety if they decide he cannot be in the home.

2. Section 20 "Drift"
You signed Section 20 voluntarily. It is not a court order.

The Law: Section 20 relies on your continued consent. It cannot be used as a "holding pen" indefinitely while they do nothing.

The Delay: A 4-month delay with no assessment outcome is unacceptable. Case law (Re N [2015]) states that Section 20 must have a clear timeline and purpose. This is Case Law—a binding ruling from a higher court that the Council is legally required to follow

3. Your Strategy: The "Clarification Letter"
You need to stop asking "what is delaying" on the phone (where they can say "I don't know") and force them to put their position in writing.

Draft Email to the Social Worker, Team Manager, and IRO:
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Subject: URGENT: Section 20 Status and Assessment Delay – [Children's Names]

Dear Team Manager,

My children have been accommodated under Section 20 for 4 months. This agreement was originally signed based on police bail conditions which have now been lifted.

1. Change of Circumstances: I have received an NFA (No Further Action) letter from the police. There are no criminal charges against me. As such, the original reason for restricting my unsupervised contact (my police bail) no longer exists.

2. The Delay: The parenting assessment was agreed upon months ago but has not been completed. When asked, the Social Worker stated she "does not know" the reason for the delay. This is not an acceptable response regarding the separation of a mother and her children.

3. Required Actions: Please provide the following by [Date - 5 working days]:

A written explanation of the current legal basis for refusing unsupervised contact between the children and myself (the mother), given my NFA status.

If the refusal is based on my husband's Caution, please state clearly what the Local Authority requires from us to move forward.

The confirmed completion date for the Parenting Assessment.

We are willing to work with you, but we cannot do so if the goalposts are hidden. If I do not receive a clear plan, I will be seeking legal advice regarding the Section 20 agreement.

Yours sincerely, [Your Name]
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Summary
Be prepared for their answer. They will likely say that for the children to return to you, they cannot live with your husband right now due to the caution. They cannot legally force you to end your relationship, but they can refuse to return the children if he remains in the home. Until this risk is assessed, they need to see that you are prioritising the children's safety by ensuring he lives elsewhere temporarily.

Send the email. Force them to be honest about the plan so you can stop waiting and start making decisions.
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For full transparency, I am not an official adviser. I am a parent with lived experience of the family court system, offering strategic guidance. Always consult with a solicitor regarding ongoing court proceedings if your are int them

Morningdew wrote: Mon Jan 19, 2026 12:18 pm Goodmorning,
I and my husband was arrested 4months ago for allegation of child assault and our children taken away into care and we were advised to sign section 20 by the social worker if not we wont see our kids again, we signed it because we were already on pre charge bail conditions by the police so we cant have unsupervised contact with kids from 16yrs and under, local authority started care proceedings meeting with us and said that a parent assessment will be done while we were still on bail, we agreed to that and approved the assessment,
but the spcial hasn't contacted us until last week when police gave my husband caution and gave me NFA letter, now social worker is saying that I can't still have unsupervised contact with my kids even though my bail has been lifted, and when I asked what was delaying the assessment she said that she doesn't know. So I need advice on what to do. Thanks

Dear Morningdew

Welcome to the board. I am Suzie, the online adviser at Family Rights Group, and I will be responding to your post.

I am sorry to read about your situation. For clarity, you said that you signed a Section 20 voluntary arrangement and later in your post you said that “the local authority started care proceedings meeting”, do you mean pre-proceedings?

In both cases, Section 20 and pre-proceedings the local authority does not have parental responsibility for your children. In the case of Section 20 you have agreed that your children ‘should be’ in care and they are looked after children and should have a care plan in place which should outline any contact arrangements.

If unsupervised contact is not deemed ‘safe’ for your children because of physical abuse (I understand that you received a no further action letter and your husband accepted a police caution) and you have not had an assessment, you should contact the social worker’s manager and ask when your assessment will begin or what you ‘need to do’ to have unsupervised contact with your children.

You may (as a last resort) consider withdrawing your consent for the Section 20 arrangement: I strongly advise you seek legal advice before taking this step. The Law Society has a database where you might find a solicitor. Legal aid ‘should be’ available for parents in the pre-proceedings process.

If you would like to speak with one of our advisers, in confidence, here is a link to our contact details.

Best wishes

Suzie
Family Rights Group Adviser