What to Do If Social Services Are Involved After an Allegation
Depending on the instance of an allegation, there is a chance that social services may be involved. In this instance, what are your legal rights?
In this blog, we will share information regarding the question ‘What to do if social services are involved after an allegation?’
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Why would social services be involved after an allegation?
If there has been an allegation of sexual abuse, social services become involved (separate to a police enquiry). The key focus of social services is the safeguarding and well-being of children.
Social services aren’t limited to the accused, the alleged victim also receives a visit. Here is a deeper look into why this is the case:
- Firstly, there are concerns on child protection. If an alleged victim is under 18, or the victim/abuse, then there is a statutory duty of care that is imposed. This is to ensure there are no other victims, and to ensure all underage parties are safeguarded.
- If someone is accused of sexual crimes, social services will become involved to assess the risk they may pose to other children, both in their community and relatives.
- If a child has made an accusation, social services will intervene in order to support the alleged child victim. This involves ensuring their current living environment is safe, helping them coordinate with other professionals such as healthcare and the police. And assess whether the victim requires counselling etc.
- Social workers may also assess the wider family circumstances of those involved in the allegations to understand the impact and identify other welfare issues. This could include speaking with family and observing the home.
- Even if there isn’t immediate concern about serious harm, Social Services might still do a “Child in Need” assessment, as outlined in Section 17 of the Children Act 1989. This is to figure out if a child needs any support because of how the allegations are affecting their well-being.
What happens if social services think there is risk after an allegation?
If social services deem a child to be at risk after an allegation, they prioritise safety and well-being, especially for children and vulnerable adults.
They begin by gathering information, assess the level of risk (potentially with other agencies), and create a safety plan. A safety plan might involve immediate actions like removing the person from danger, providing support, and working with the police.
For ongoing risks, they’ll develop longer-term plans with support services and may work with families or seek legal orders if needed. They’ll regularly monitor the situation and review the plan until the risk is no longer significant.
This is done by the local council’s social care teams in line with national laws and local procedures, often collaborating with other local safeguarding partners.
How do you legally proceed if social services are involved after an allegation?
Seeking immediate legal advice is the first step to take in this instance. Although it can be extremely stressful, you must remember that not co-operating can make social services more questionable about the safety of any children.
Here are the other things you must not forget when dealing with social services:
- Remain calm and engage with the social workers. Cooperation can sometimes help resolve matters more quickly. However, remember your rights and don’t feel pressured into agreeing to anything you’re unsure about.
- Contact a solicitor without delay. They can explain your rights in detail, advise you on how to proceed, and represent you in any meetings or court proceedings. Legal Aid may be available for parents in child protection cases.
- Ask Social Services to clearly explain the specific allegations made against you or concerning the welfare of the child or vulnerable adult. Get this in writing if possible.
- When a social worker visits, always ensure to see their identification.
- Anything you say to Social Services can be used as evidence. Consult with your solicitor before giving detailed accounts or agreeing to anything.
- You should thoroughly document your interactions with social services in detail. This includes, times, dates, those present and what the interaction was. This includes keeping documentation.
- Generally, unless there are safeguarding concerns, social workers can not enter your home without a court order.
- Ensure your solicitor attends any interview that is called by social services.
What are my general rights when it comes to social workers?
- You have a right to be informed. This includes knowing why social services are involved, what the allegations are, and what kind of process they will follow.
- Although it may not affect the scope and procedure that social services will follow, you have a right to share your opinions and views on the situation with social services.
- You have a right to legal representation. As social services are conducting their own investigations (separate from the police, but may inform them in some cases), a solicitor will inform you of dos and don’ts and legal requirements needed from both parties.
- Your privacy and confidentiality must be handled with discretion and only shared whenever relevant for safeguarding, or an investigation.
- You have a right to access records and reports related to the assessments made by the social services.
Similarly, you have a right to submit a formal complaint if you believe the handling of social services is questionable or outright poor. This has the potential to be escalated to people such as the social care ombudsman and local government in some cases.
This means if you’re present during a knife attack, provide assistance, or simply encourage the offender, you might be found guilty of aiding and abetting knife crime. This legal principle has led to convictions of defendants who didn’t even see the knife being used, let alone hold it.
What a solicitor do once involved?
In this instance, a solicitor will act as your legal advocate. This means they will inform you of what your rights are in accordance to the situation. Whilst also seeking to understand the situation in question from your perspective and from the social services, and will advise you on how to proceed.
They will communicate with social services on your behalf and aim to challenge any questionable conduct (if found). Ultimately, they are seeking a fair resolution for you.
Can my child have their own separate solicitor?
Yes, if social services are involved in an investigation following an allegation, a child can have their own legal representation separate to their parent or guardian. This may be necessary in instances where there is a conflict of interest between the child’s wishes and needs and those of their parents or other parties involved.
Solicitors for sexual offence allegations
If you are facing criminal charges, JD Solicitors Can Help. JD Solicitors is a respected criminal defence firm known for our successful track record. Our team of experienced solicitors has extensive experience defending clients against a wide range of criminal accusations.
We represent clients throughout England and Wales, and we’re committed to achieving the best possible outcome for your case.
We understand the urgency of seeking legal advice in criminal matters. That’s why we offer a 24-hour call-out service for those detained in police custody. This ensures we can address your needs immediately.
In this blog, we hope to have provided helpful information regarding the question ‘What to do if social services are involved after an allegation’.
For immediate advice, call us at 01902 943726.
