Social services want to take my child into care. What are my rights?

What the Law Says

The legal power for social services to take a child into care comes from the Children Act 1989. A care order cannot be made without a court’s approval — and the local authority must meet strict legal tests first.

Under section 31 of the Children Act 1989, a court may make a care order placing a child in the care of a local authority only if it is satisfied that the child is suffering, or is likely to suffer, 'significant harm' and that the harm, or likelihood of harm, is attributable to the care given to the child (or likely to be given) not being what it would be reasonable to expect a parent to give, or the child being beyond parental control.

The term 'significant harm' is not defined in the Act but includes ill-treatment (including sexual abuse and forms of ill-treatment which are not physical), impairment of health or development, and failure to meet basic needs. Courts interpret this seriously — minor or temporary setbacks do not meet the threshold.

A care order gives the local authority parental responsibility shared with the parent(s), but the authority has the power to decide how that responsibility is exercised — including where the child lives and who they see.

Statutory Text

A court may make a care order with respect to a child if it is satisfied— (a) that the child is suffering, or is likely to suffer, significant harm; and (b) that the harm, or likelihood of harm, is attributable to— (i) the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or (ii) the child's being beyond parental control.

— Children Act 1989, s. 31 — Care orders

What to Do

Sources