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Social Services Parenting Assessments and Your Legal Rights
These cases focus on the welfare and best interests of the child. The court considers what outcome best protects and supports the child’s wellbeing.
Local authorities have a duty to safeguard children and promote their welfare. This includes trying to support families without court intervention where possible. When a concern is raised, social services must assess whether a child is at risk of significant harm. These assessments often involve schools, GPs, health visitors, and other professionals.
Before issuing care proceedings, social services will usually carry out a parenting assessment to determine whether a parent or carer can meet the child’s needs safely. If this assessment is underway, it is essential to seek independent legal advice immediately.
Court-Ordered Assessments in Care Proceedings: What You Need to Know
During care proceedings, further assessments may be ordered by the court. These could include parenting, psychiatric, psychological, or paediatric assessments. The court may also order a fact-finding hearing if non-accidental injury is suspected.
When a family member offers to care for a child, an assessment of their ability to do so will also be required. That individual should obtain independent legal advice early on. If a child has special needs or if there are concerns about placing siblings together, further specialist assessments may be needed.
A Section 37 Report is a court-ordered investigation where the local authority must assess whether to apply for a Care or Supervision Order or offer support services. A Section 47 Report is required when a child is under an Emergency Protection Order or Police Protection, or is suspected of suffering significant harm.
A Section 20 Agreement allows the local authority to accommodate a child with the parents’ consent. It is a voluntary arrangement and can be ended by a parent with parental responsibility at any time. However, doing so may result in urgent court action by the local authority.
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Police Protection Orders, Emergency Action, and Your Rights as a Parent
A child is considered ‘in need’ if their development would be significantly impaired without local authority support, or if they are disabled. The local authority must provide appropriate services to support the child and their family. This could include counselling, transport, recreational activities, or help at home.
The local authority also has a duty to assess and investigate when ordered by the court, or when an Emergency Protection Order or Police Protection Order is in place. Risk assessments should consider both individual behaviour and the wider family context.
In emergency situations, social services must weigh the risks of leaving a child in the home against the trauma of removal. A strategy discussion is typically held before any action is taken unless the child is in immediate danger.
Police Protection Orders (PPOs) can be used in emergencies if the delay of obtaining an Emergency Protection Order would put a child at risk. PPOs can last up to 72 hours, during which a designated officer will review whether continued protection is necessary.
The police do not gain parental responsibility under a PPO. They must inform the child, parents, and local authority of any action taken. They can also enter a property without a warrant in life-threatening emergencies or arrest someone to protect a child.
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