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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33290
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Can social services place a child in care without exhausting

Customer Question

Can social services place a child in care without exhausting all the options with family members on both side if the child's father is on the birth certifcate
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and how far have the Care Proceedings reached?
Clare
Customer: replied 2 years ago.

The child is one, and he has been placed in temporary foster care for two weeks, in order for his mum to have a break and clean up her flat (which she has done) now they have said they are concerned further and the first placement his was put in has now been found to be with unregistered foster carers - so he is to be moved again. My family (the boy fathers side) has not been given the opportunity to care for the child and now they say we need to be registered!!!

Thank you

Expert:  Clare replied 2 years ago.
Hi
Is the child in voluntary care?
Have there been any Court Proceedings?
Have they now been started?
Clare
Customer: replied 2 years ago.

I don't think it as voluntary as the reason he was taken into care was he was involved in a police car chase at 3am and was not strapped in or in a car seat.

We were notified at the social service meeting they were starting court proceedings but they did not clarify what

thank you

Expert:  Clare replied 2 years ago.
Hi
Unless there has been a Court hearing that the father was given notice of then currently the child is in Voluntary Care under s20.
the father can give 24 hours notice of his intention to recover the child - UNLESS Social Services carry out an immediate assessment and place the child with his grand mother.
They will then either have to agree or start court proceedings
There is case law which says that wherever possible a child should stay with biological family
I hope that this is of assistance - please ask if you need further details
Clare

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