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JGM, Solicitor
Category: Law
Satisfied Customers: 12081
Experience:  30 years as a practising solicitor.
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My son is currently been removed from me by Social Services

Customer Question

Hi, my son is currently been removed from me by Social Services for questioning re suspected physical abuse which I am completely innocent of. No CPO has been issued. I don't know what my rights are or whether Social Services are entitled to take him away without a CPO. He is extremely upset and begging to come home. He was supposed to be interviewed today but the authorities have failed to find the time in their busy schedule. Social Services told me that he would only be away for 1 night and now this is the second night. Do I have any rights so I can have him returned to me as I don't want him to be without me all weekend. I fear they will just tell me tomorrow that he has to stay away all weekend. I am not allowed to contact him by telephone. Social Services have absolutely no proof of abuse. The only abuse that has taken place is a smacked hand and confiscation of privileges. I would be most grateful for a reply
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The law is that a child can be removed to a place of safety for 24 hours. Thereafter there has to be an application to the sheriff for a child protection order other wise they have to return your son to you.
You need to see a solicitor today who can contact the social work department to find out what is happening. If they have applied for a child protection order you are entitled to appeal this and ask the sheriff to recall the order.
You need a solicitor who I conversant with the law in this area which is all contained in the Children's Hearings (Scotland) Act 2011.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.