Councils are increasingly turning to other types of court orders to remove children in child protection proceedings after senior judges warned social workers that care applications should only be used as a method of last resort.
The development was revealed by new Cafcass chief Jacky Tiotto, during an interview with Children and Young People Now (CYP Now) magazine.
According to Tiotto, there has been a marked increase in requests for orders for deprivation of liberty, secure accommodation and emergency protection during child protection proceedings.
The finding raises serious concerns about whether social services are making false allegations around service users’ mental health in order to remove children from parents.
Emergency protection orders are only to be used in the most serious circumstances and give councils the right to remove children from their parents if there are concerns around child abuse. These orders can also limit a birth parent’s responsibilities towards their child.
Secure accommodation orders allow councils to place children in residential placement units where they can be stopped from leaving, and have been criticised by judges and other legal professionals because of the way in which they impact human rights like freedom of movement. These orders are usually only used in cases where there appears to be a risk of gang violence, child sexual exploitation and child trafficking.
Deprivation of liberty orders have also gained international media attention because of the way these orders impact children’s human rights under Article 5 of the European Convention on Human Rights, and are closely linked to secure accommodation orders.
Care applications however, dropped more than 5% from last year.
The drop has been attributed to a shift in social work practice, which now requires social workers to look at care applications and adoptions as the last port of call, rather than the first option in child protection proceedings.
Several senior judges have published judgments relating to child protections cases in order to raise awareness around the need to keep children with their parents wherever possible. The judgements were also made public to confirm the law and policy in this area, which makes it clear that removing children from parents must only happen if all other avenues have failed and only if that removal is genuinely in the best interest of the child in the case.
Despite the warnings, child protection professionals, perhaps desperate to keep their jobs as budget cuts continue to squeeze councils, now appear to be looking to other orders to secure removals.
Tiotto told CYP Now that Cafcass would be working to find out the reasons for the unusual rise in the different types of orders:
“What’s been understood from that drop in care applications is that the public law system is less busy – but it isn’t.
“Behaviour is changing in terms of what [orders] people are going into court for and we need to understand why that is.
“We will be prioritising work to understand that.
“I think in enough authorities people are looking for different solutions for children that may not be public care.
“I’d be surprised if that’s not what we find when we look at the data.”
There is clearly a conflict of interest in a social work organisation taking on this task, and we would like to see an independent body reviewing the data.
Whatever research is conducted though, the investigators will need to look at:
- The life of these cases and whether these orders ultimately lead to children being permanently removed from their parents at a later stage,
- The cases involved and the kind of evidence gathering that’s taken place,
- Which courts these cases are being heard in, paying attention to Court of Protection applications (a Court which remains largely closed off from the public) and;
- The internal management issues facing each local authority engaged in placing submissions for these orders.
The same judges grumbling about the too frequent use of “emergency protection orders”,deprivation of liberty orders” and “secure accommodation orders are the same judges that GRANT THOSE ORDERS.
All they have to do if really concerned is to refuse orders based on risk but award them only if a child has actually suffered significant physical or sexual harm and stop relying on guesswork from so called experts who pretend they can predict the future but usually get it wrong !
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I am a social worker,
I’m really very nice.
I help you loving mothers,
And give you good advice!
Your partner has departed
Your income is too low.
I’m really very sorry,
All your kids will have to go!
Your partner is abusive?
He beats you black and blue?
We’ll soon be there to help you,
And take your children too!
You have a learning problem,
You’re really not too clever
We’ll get your kids adopted
When can you see them?? NEVER!!
Your son is hyperactive?
You need a brief respite;
We’ll soon take ALL your children
Give up the hopeless fight!
Your child was taken into care,
So many years ago
If now you have a baby
That too will have to go!
Foster parents love your kids
To get some more they seek,
For each one brings a tidy sum
£400 per week!!
Children’s homes are run by us,
Where paedophiles abound
Each time we cover up abuse
“The gutter press” come round
“They” said adoptions worked the best
We soon proved that they would
Fathers shout and mothers cry
Their kids are gone for good!
What happens in our Familyl Courts?
Our experts they will say
“You’re a danger to your children,
So we’ll take them all away!”
Your children may be healthy,
Happy and well fed
But one day you might hurt them
That’s what our experts said
The judges know that we are right,
With us they will agree
They dare not risk another course
You have no chance you see!
Our Family Courts are secret,
So don’t you breathe a word
Of what goes on inside those walls
No matter how absurd!
We’ll get your kids adopted,
And don’t you dare complain!
Or you’ll end up in prison
And I won’t say that again!
We have adoption targets,
They must be met you see,
Failure means a reprimand,
So spare a thought for me!
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Hi there ! Thanks for quoting my poem .Still as true today as 20 years ago when I first published it !
I shall put it back on my site forced-adoption.com !
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Its a wondrrful poem, so true to life.
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This sums up the social workers a million % 😭
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Cafcass chief Jacky Tiotto , has sruck a note, are false allegations
Being made by social services against services user’s mental health , in order to remove thier children. How right she is and pleased she relize’s whats really going on. Her words and thoughts are incouraging for victims now and in the future.
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Hi Alan, she isn’t saying that the orders are being circumvented, that’s RR’s take. Jacky is saying other orders are being used in child protection cases, but doesn’t give a reason why.
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I could tell you my daughters story one that has been a nightmare for our family. The exact thing your talking about here is our story. All will say is that for years nobody assessed or believed Wardenburghs Syndrome. It caused the mental health problems of this family. Proof… Father has it, passed down through his family. He is deaf…waiting results also for asd.
1 child paranoid schizophrenic + deaf
1 child asd +deaf
1 child Dyspraxia +hearing
1 child attachment issues + hearing
Mother deaf.
SS say childrens behaviour was bad parenting! !!! No support for condition related issues.
Assessments not done until just prior, during and since family court.
Children removed inspite of proving these conditions existed #injustice #getmhome
Thats not everything numerous false statements given in court.
Intermediary not allocated until 6/7 mth into court proceedings etc etc etc
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Thank you for your comment. I’m so sorry that you’ve all been through so much.
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My family have had such negative experience with s/s, false allegations leading to children being separated from their siblings, I have notes of dates times and allegations, of which we have made appointments with their manager, but both times have been cancelled by them, leading to being allocated a different social worker, yes children should have rights in my opinion, so many children separated for wrong reasons, I totally agree if children are in danger remove them, but not if mental health is the issue and taken through “neglect” (messy house).
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Thanks for your comment. This happens often, though that doesn’t make the pain for families any less deep.
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The local authorities have took my grandchildren from my daughter who has mental health issues.
They wont give them to me because of past history of her mental health.
They are up for adoption and it’s not right.
We get no support,just our children removed forever.
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That poem is exactly how it is with my family.
It’s so true.
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We hear of so many studies and finding by various groups and universities etc but what does it all amount to, usually nothing.
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This site is always saddened by the stories and experiences families share with us. We are so sorry you’ve experienced these things and thank you for your courage in speaking out.
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Like to know what council authority, look me up on facebook please
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Or they place with other family members without support then March them to the courts for a permanency order. Done dusted out of sight out of mind.
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Mine were taken using old mental health problems and I was made out to be the abuser when it was my ex! He dragged me across the floor by my hair, tried to choke me with his hands on my neck and hit me, all allegations I retracted because he threatened to hurt me more 😭 now he has my son and my daughter is in a care home 😭! I had a 6 month supervision order February 2018 and my ex still hasn’t finished registration so I’ve been unable to book contact and my daughter has made 2 allegations of sexual intercourse at 9 which is abuse to me! And guess what…. no reply from social about my concerns about this and I haven’t seen my kids since before Xmas and I’ still got their birthday presents 😭 the judge couldn’t hear with the heater on and my abusive mother has been given more visits than me! Absolutely insane because I’m guessing that the judge (recorder) didn’t ever read the non molestation order I had to get against my mother when my daughter was a baby! Disgusting system! They only want their bonus for removing kids and if you end up a broken person, GUESS WHAT??? They don’t care!!!!!
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Same has happened here.
Know exactly what yr going through its disgusting.
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Reblogged this on tummum's Blog.
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I am a single mum of one year old baby boy who is currently in the care of Foster carers and [edited] who has been working for Lancashire County Council social services team and I was forced by her to be in a mum and baby unit. And she split up my family and took my baby boy out of my care now she wants to sell my son to a family who wants a baby it is classed as child trafficking and she is disrespectful and degrading me as a mum please help me get my baby boy home thank you
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