Grandparents Rights

What to do When Social Services are Involved with Your Grandchildren

When social services get involved with a child, they will investigate the child’s welfare and suggest a ‘care plan’. This includes whether they think the child should be taken into care or stay in the family. Social care may ask extended family members to care for a child whilst final decisions are made about where a child should live.

The local authority may wish to remove a child from their parent and may issue care proceedings at court. In other situations, the child may remain in the care of the parents until care proceedings are finalised, and a decision has been made. There are several scenarios that may unfold, and a few court orders which may be issued to protect a child’s welfare. Grandparents wishing to be assessed to care for their grandchildren if their parents are unable should seek legal advice. Likewise, grandparents may have their grandchildren placed with them by social care, within out outside court proceedings, and they may need advice about financial and other practical support for the children whilst they are caring for them.

What Can Grandparents Do When Social Services Are Involved?

To be involved with the welfare of a child after social services involvement has started, grandparents do not need to wait until care proceedings are issued to try and support their family.

If a social worker has started working with your family, you can offer your support and demonstrate that there is a support network in place from the initial contact.

If the pre-proceedings process has commenced, you can ask for an assessment as a carer. If you want to care for your grandchild, you can let the child’s social worker know. A Family Network Meeting or Family Group Conference should take place which will look at what support is available within the wider family.

Sometimes a grandparent will be approached by social services when they are exploring care options for a child in their wider family network.

Whether you apply to care for your grandchildren or if social services approach you, it is likely that social care will undertake an assessment of your suitability to care for your grandchildren. Sometimes this is called a viability assessment or a kinship care assessment. If successful, your grandchildren may be placed in your care and this could be within court proceedings by way of an order, or outside of proceedings by social care. You may want legal advice about your position in these circumstances and what support you are entitled to.

What is a Special Guardianship Order?

This is an order that the court can make to place a child with someone who is not their parent. Special guardianship orders provide stability for a child or young person who cannot be placed with their parents. They create a permanent home and grant legal status to the guardians who intend to care for them long-term.

If you want to put yourself forward to care for your children, you need to do this as soon as possible.

Find out more on our special guardianship order page.

Do Grandparents Have Rights When Social Services Are Involved with Grandchildren?

As a grandparent, you’ve no automatic legal right to have contact with your grandchildren or to take over the care for them. However, if social services are involved, there may be the opportunity to be assessed to care for your grandchildren, and/or to apply to court for an order providing that your grandchildren live with you.

See more on our grandparents rights page.

Grandparents Rights Advice You Can Trust

Our experienced children law solicitors can help grandparents navigate the complexities when social services become involved with a family. We can help grandparents fight to keep children under the care of their birth family.

Our children law solicitors can help with:

• Advice on social services and the care proceedings process.
• Advice on the rights grandparents have when social services are involved with a child.
• Advice on the different types of court orders that the family court could make.
• Making an application for a special guardianship order or child arrangements order
• Representing families at court care proceedings.
• Offering advice when social services are first involved.

In the first instance social service contact you, you should contact Howells Solicitors on  0114 249 6693 where you can receive confidential advice on what you should do next.

Grandparents Rights Frequently Asked Questions

I’ve put myself forward to care for my grandchildren, what will happen?

If you volunteer to care for your grandchildren, the local authority will conduct a viability assessment. This assessment typically examines risks and protective factors, along with information about the children’s needs, your age, health, living situation, history, and parenting skills. The social worker performing the assessment will determine whether the outcome is positive or negative.

Why would social services get involved with my grandchildren?

Social services would be involved with a family if there are concerns over a child’s welfare. This could be due to neglect and/or abuse.