It is a common misconception that social workers have the power to remove children from their families. In reality, it is much more complicated.
The removal of a child from their family is a very serious matter and, in most cases, can only be forced by having an order from the Family Court. There are limited emergency circumstances where other legal powers may be used to protect a child, but a social worker cannot just decide to remove a child from their parents.
Can a social worker take my child away?
It is of course the duty of the social worker to make enquiries and act upon any concerns that a child is at risk of harm. The Local Authority has a duty to safeguard and promote the welfare of the children in their area so social workers are often the family’s first point of contact where there are safeguarding concerns. However, they cannot simply come to your home and remove your children.
If social workers believe that a child cannot safely remain at home, there are legal processes that must be followed. What happens next will depend on the circumstances and whether those with parental responsibility agree with what is being proposed.
What is a Section 20 agreement?
There is provision in the Children Act for children to be accommodated, under section 20, where the parent or person with care agrees to a temporary accommodation of the child away from the home. This is only permitted where a carer with parental responsibility for the child agrees to it and in most circumstances it will be for a short period of time. Section 20 arrangements are relatively common. Government figures show that 57% of children who started to be looked after in England during the year ending 31 March 2025 were initially accommodated under a voluntary agreement under Section 20 of the Children Act 1989.
If you are being asked to agree to your child being accommodated under Section 20 and are unsure about what this means, it is important to seek legal advice so that you understand the implications before making a decision.
What happens if a parent does not consent?
If the parent does not consent then the Local Authority must produce evidence to the court that there are reasonable grounds for them to believe that the child is at risk of significant harm. The Judge or Magistrate at court must decide if the Local Authority’s evidence passes the legal threshold and whether an order should be made.
Even if that threshold is crossed and the court is satisfied there are reasonable grounds to believe the child is at risk, the court must go on to consider a second question – is the removal necessary?
Are there other options that could keep the child and parent together safely? Depending on the circumstances, this could include a mother and baby unit or additional support and supervision.
Removal in emergency circumstances should only be ordered if the child’s safety demands immediate separation.
Get advice as early as possible
The removal of a child from their family is, of course, a very serious interference with the right to respect for private and family life under Article 8 of the Human Rights Act.
If social services are involved with your family and have raised concerns about whether your child can remain in your care, it is vital that you receive expert legal advice as early as possible.
Ison Harrison’s specialist Family Law Team can advise and represent parents and family members at different stages of social services involvement, including PLO meetings and care proceedings. Our legal aid solicitors in Middlesbrough can also provide local advice and representation to eligible families across the area.
Parents and people with parental responsibility are entitled to legal aid without a means or merits test where care proceedings are issued, and free legal aid is also available to parents during the PLO process.
If you are concerned about social services involvement with your family, contact Ison Harrison’s Family Law team today for specialist advice on your circumstances and the next steps.
Call us on 0113 284 5000 or email hello@isonharrison.co.uk.
