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Frequently Asked Questions

The Guardian in Care Proceedings - FJG Solicitors Colchester Essex UKA neighbour has reported us for Child Cruelty. A Social Worker has called and says they want to interview our daughter without us present. Can they do this?

Yes they can. Interviews are usually conducted by a specialist Child Protection Team made up of a Police Officer and Social Worker, who interview the child on videotape in a special interview suite. The videotape must be preserved for use in any later Court Proceedings.

My children have been put on the Child Protection Register. Social Services say they will tell the school all about it. Can we stop them ?

Children can only be put on the Register by a Child Protection Conference, in which the parents must be present and have the opportunity to make representations about it. A school representative may well be invited to the Conference. If a decision was made to place a child's name on the Register, then all appropriate agencies will be notified, but must keep the information confidential.

My children were taken away last night by a Social Worker and three Policemen. I don't know where they are. What can I do ?

Children can only be removed by a Court Order. In emergencies, a Police Inspector can authorise removal for 72 hours, but only an Emergency Protection Order can authorise removal for as long as 7 or 14 days. Social Services are obliged by law to arrange contact with the parents, and any such Order usually must be made only by a Court after hearing all the facts from both sides. When it expires, the child must be returned, unless an application has been made to the Court for an Interim Care Order.

I am the grandmother of two small children who are the subject of Court Proceedings because my daughter has a long-standing drugs problem. Could I put myself forward to look after them ?

Yes - Social Services must enquire within the family to see if there is anybody who may look after the children as an alternative to placement away from the family eg adoption. They will normally expect a rigorous assessment process to be undertaken, and it is important that any grandparent can establish that they can protect the children from the parent and put the grandchild's interests first.

Our children were made subject to Care Orders two years ago on the basis that they would be returned to us once we had done Parenting Classes and been assessed by a Family Centre. We have done all that, but they still won't return the children. What can we do ?

You can apply for the Court to discharge the Care Order, or for a Contact Order, if that is premature. Legal Help and Representation is available.