Local Authorities are merging their Education Departments and Social Services departments under a new department called Children’s Services. Exactly how this will work out in different authorities remains to be seen, but we thought it would be useful for home educators to have a few pointers about their rights should they be contacted by Social Services.

This page is at an early stage (updated Feb 06) and we would be most grateful if you could let us know of any inaccuracies or omissions.

If Social Services knock on the door

You do not have to let them in unless they have are carrying out a Section 47 investigation (duty to investigate risk of significant harm). If the Social Worker is concerned about a child's immediate risk of harm, they still cannot enter the home if refused, unless they bring a policeman.

Why Social Services may call

The local authority has a duty to make enquiries about a child’s welfare if they have reasonable cause to suspect that a child in their area is suffering or likely to suffer significant harm. Children’s Act 1989 s.47(1)
The purpose of the enquiry is to gather information about the child’s circumstances to enable them to decide whether they should take any action.

Do Social Services have to see the child?

They must take reasonable steps to see the child unless they already have sufficient information. Children’s Act 1989 s.47(4)

If they are prevented from seeing the child they have a duty to seek a Court order. Children’s Act 1989 s.47(6)b

If Social Services make an enquiry about your children

• It is best to write to them and ask:
• What is the purpose and anticipated outcome of the enquiry
• What is the legislative basis for the enquiry
• Request copies of any assessments
• Who has the lead responsibility for the enquiry
• The respective roles of all professionals involved in the enquiry.

Some of the Principles in Social Services’ own Framework require that Assessments should be:

• Child centred
• Involve working with children and families
• Build on strengths as well as identifying difficulties
• Grounded in evidence based knowledge
• Ensure the parents feel respected and informed.

Interviews with Social Services

It is always useful if you can have a friend or relative present at an interview. It can give you more confidence and there is someone else present to remember what is said.

Recording Interviews with Social Services

When in your own home, the advice from relevant support groups such as False Allegations Support Org and the Family Rights Group is that people should start taping BEFORE asking for consent to tape. That means a refusal is on tape and less likely to happen.

If you have a disagreement with Social Services

If you want some support for your view from within the local authority, check if they have a Children’s Rights Officer or an Advocacy Service

If You are Threatened with Care Proceedings

Articles 7 and 9 of the UN Convention on the Rights of the Child - which concern children's rights to be brought up by their parents – need to be taken into consideration. Additionally Article 12 - the right of children to be consulted on decisions that affect them should also be applied.

Who You can Talk to once the Courts have told you not to talk to anyone

It has been said that you can only talk to a solicitor but the law has recently changed so parents can talk to "advisers" - MP, voluntary advice worker etc (but this only covers people registered with recognised voluntary orgs or charities).

Article 8 on the European Convention on Human Rights states that:
(1) Everyone has the right to respect for his private and family life, his home and his correspondence.

To Complain about your Treatment

See the Family Rights Group website www.frg.org.uk and look at their Advice Sheet – Challenging Decisions and Making Complaints.

How to Help your Child and Family

It is a good idea to contact a specialist advisor/advocate such as Family Rights Group or childcare solicitor as soon as child protection procedures have started. You are unlikely to end up in Court but you may need legal advice about your situation.

Other Sources of Help

Family Rights Group www.frg.org.uk
email: advice@frg.org.uk
The Print House, 18 Ashwin Street, London E8 3DL
Advice Line: 0800 731 1696 10-12 noon & 1.30 to 3.30 Mon-Fri

False Allegations Support Organisation
Help Line 0870 241 6650 open 6pm – midnight, Monday – Friday

“Framework for the Assessment of Children in Need & their Families”
by the Department of Health