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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Ten year old son was removed from my care by social services

Customer Question

My Ten year old son was removed from my care by social services on the 9th February, they have not given me anything in writing and have refused me anything in writing stating that I will see the reports at the conference at the same time as everyone else. I have been told that under section 47 I no longer have the right to confidentiality or protection in what they write or say about me, nor can I see this information. They tell me they have removed my son on as he may be at risk of suffering emotional trauma due my teenager and I rowing and beacuse he has seen me under the influence of alcohol.

Im trying to find out if they can actually do this? and where I can find a solicitor to help get my son back home?
Submitted: 5 years ago.
Category: Law
Expert:  Clare replied 5 years ago.
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
Have there actually been care proceedings or is he in their care on a Section 20 agreement?
Customer: replied 5 years ago.

neither, purely a recommendation but they still will not allow him to come home he though he has requested it and so have I. I have to date worked with them on the recommendation but it is now going on for too long and my son is getting upset.

Expert:  Clare replied 5 years ago.
So just to check - you agreed to his going to care (or at least you felt you had no choice but to do so)
Customer: replied 5 years ago.


I havent signed anything and felt I had no choice but to let them take him to my parents as thats what they led me to believe, and I just wish to check if they can do this? and also if they can prevent me seeing information documented about myself and my children?

Expert:  Clare replied 5 years ago.
They can indeed do that - it is called a Section 20 Agreement - however you can revoke that notice at any time - although there is then the risk that they will start Care proceedings - which is of course has more serious implications than the child being in voluntary care
The fact that such reports are being prepared does mean that that the contents can be shared between all the relevant parties so yes you have lost that right to full confidentiality - although these are not "public" documents as such and cannot be passed around generally
The report should be given to you just prior to the meeting to allow you to discuss it with your solicitor
I am surprised you cannot find a local solicitor willing to take the matter on as legal funding is guaranteed
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