Q: My husband sadly ended his own life in 2023, and I am still suffering from the effects of that, drinking heavily every night to try and blank it out. Now I am worried my young daughter will be taken into care as a neighbour has called social services and said I was unfit to look after her. What should I do?
A: Under the Children Act 1989 social services have a duty of care to promote and safeguard the welfare of children and take whatever steps are necessary to ensure they are protected from risk of significant harm.
If the local authority considers your poor mental health and/or drinking is impacting your ability to provide safe and consistent care for your daughter, they may have to investigate and carry out assessments. A child protection conference may be held. The Local Authority may apply to the court for an Interim Care Order. To obtain this they would need to evidence that she was at risk of significant harm. The Court would then decide whether to grant the Order and whether your child should be removed from you.
An Interim Care Order would give the local authority shared parental responsibility, with you, and allow them to make decisions about her care. They would have to give you notice of their intention to apply for the Order. You may be asked to consent to her being temporarily ‘looked after’ by the local authority. This is voluntary, you can withdraw it at any time, and it does not give the Local Authority parental responsibility. A family member or friend may be approved as a temporary carer whilst assessments of you are completed.
If social services do become involved, you are entitled to legal representation and should seek urgent advice from a family lawyer.
This question has been answered by Lucy Vaughan, a Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
