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plclegal, Barrister
Category: Family Law
Satisfied Customers: 6430
Experience:  Barrister at law
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On 23/12/19, my wife has left our property with our 15

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On 23/12/19, my wife has left our property with our 15 months old child accusing me of ABH. The Children Social Service of Islington telephoned me yesterday to take a statement over the phone about the incident and how it might effect the welfare of our daughter. I know, my wife has stated in her police statement that the young one was awake during our row and she might have been traumatised. The social worker was quite harsh and rude in her tone when I tried to verify the purpose of her call, who she was and why she was involved. She rushed to proceed to take my statement there and then over the phone. When I asked her if I could send her a written report she refused and insisted it had to be either a statement over the phone or I have to travel 15 miles to meet her in the office in Islington, London. I declined to giver her any statement over the phone before I had spoken to a solicitor as I wasn't quite clear about my rights. I have never been involved with the Social Services -and Children Department at that- before. -do I must give a statement/interview and how will the SS use my statement? -do I have to travel to Islington or should the social worker visit me out of the borough? -if I attend the interview will they interrogate me like the police and can I decline to answer any particular question if I am not sure or clear? -do I need to go with a solicitor or is it advisable? Perhaps, I could take a friend or a family member? -could I audio record the interview? I am very concerned about the future and welfare of my child and do not want her to be subject to any negative SS involvements. Your kind, considerate and valuable advice will be greatly appreciated. -

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Customer: replied 6 months ago.
I am still waiting for an answer.
Customer: replied 6 months ago.
Still waiting...

Hello, I’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Did the social worker that spoke to you set out there basis for her making contact with you - are they completing a risk assessment for contact or a family based assessment, for example? Any information you volunteer is exactly this - voluntary - and the social worker is supposed to work with the family, not put you on trial because of allegations your wife has or hasn't made.

Customer: replied 5 months ago.
She only mentioned she was calling regarding our daughter. Did not tell what type of assessment it was. She mentioned that she was contacted by the Social Services of our local Borough. My wife and daughter are in a different Borough now. If the social service pursue questions along the ABH line should I refuse to comment as a police investigation is impending? Perhaps, it is better to co-operate with her? Thank you
Customer: replied 5 months ago.
She mentioned if our daughter was awake during the row between I and the wife.

Do you deny the incident or is it that there are different versions of the incident according to you and your wife?

Customer: replied 5 months ago.
My wife stated that she was awake during the row. I said, she was asleep but woke up for a few minutes and went back to sleep again as her usual habit. I stopped the argument when she woke up briefly.

OK. You both accept there was a row. Whether your daughter was awake during it is a small point - but I assume that individually you both can offer safe care for your daughter.

You are both at fault here, not just one party. It's the relationship that gives rise to the issues, not your care fo your child.

But if you are not together, I cannot see a reason for restricting contact or even for social services to be involved at this stage.

Customer: replied 5 months ago.
She has accused me of ABH in front of the child. Therefore, I think, Social Service want to assess my parental suitability or the harm I might cause to my child. They might suggest a restricted contact with me. Am I getting ahead of myself? Thanks

To be clear, social services cannot prevent you from having contact with your child unless they go to court to obtain q court order. They cannot enforce restricted or supervised contact, without a court order.

Can I clarify anything for you?

plclegal, Barrister
Category: Family Law
Satisfied Customers: 6430
Experience: Barrister at law
plclegal and other Family Law Specialists are ready to help you
Customer: replied 5 months ago.
I got it. Thank you.