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plclegal, Barrister
Category: Family Law
Satisfied Customers: 6473
Experience:  Barrister at law
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My partner is being investigated by social services because

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Hello my partner is being investigated by social services because he smacked my son in the bum,the investigation had been going in for 7 day now they keep changing there about what is going to happen regarding my son the ss turned up at my son nursery without my permission or even informing me before hand she had also said that my partner is not aloud to come home during I was looking online for advice and saw that this is not aloud is that correct?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No not yet I wanna know what are myself and parents right?
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: We’re in London there hoping it will not go to court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no that’s it thank you

Hello, my name is*****’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.

Social services can give advice about him not returning home, but without a court order in place no-one can actually prevent this happening.

Is there truth to the allegation? Does you partner admit it? Was there a mark left by the smack? Was this an isolated incident?

Customer: replied 16 days ago.
Thank you for getting back to me yeah it was an isolated incident and the smack was not hard enough to leave a mark

OK. It's still not illegal to smack in England, as long as it constitutes reasonable punishment, and from your description it does not sound like this was a serious incident.

I would be of the view that the threshold for court proceedings would not be met, and as such there's not much legal weight behind the instruction to prevent your partner coming home. Initial investigations should be complete by now, on the basis of a light smack as an isolated incident I cannot see that the case for your partner being a threat to your child (and being asked to remain away from the home for the future) would be made out.

I hope this helps.

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plclegal and 2 other Family Law Specialists are ready to help you