Social Services & Your Children

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Many parents may feel anxious at the prospect of having Social Services become involved with their family– perhaps because of experiences they may have heard from others, read in the media or just simply because they are frightened that Social Workers will try to remove their children from their care. 

These fears are completely natural and not many parents appreciate a stranger, no matter how professional and qualified they may be, “coming into my home and telling me how to raise my kids”.

That being said, Social Services do play an important role when it comes to ensuring the safety and well-being of children in our community

Who are Social Services?

Community Care and Social Service in Northern Ireland is provided by a number of Health & Social Care organisations, known as ‘Trusts’. There are a total of 6 Health and Social Care (HSC) Trusts in Northern Ireland.

Each HSC Trust provides an array of social services, from children’s services, disability services, older people services, mental health services and services for vulnerable adults to name a few.

What is the role of Social Services when dealing with children?

Social Services have an obligation by law to safeguard the welfare of children who they believe may have suffered, or are at risk of suffering harm.

How can Social Services become involved with my family?

A Social Worker can become involved with your family in many ways:-

  • You may directly request support from Social Services in times of stress or for help regarding a particular child or family problem you have.
  • Teachers, Health Visitors, GPs or other professionals working with your family or children may make a referral to Social Services if they have any concerns about a child.
  • Any person, whether known to you or anonymous, who is concerned about the treatment of your child can make a referral to Social Services seeking that they investigate matters.
  • It is also common for the Police to refer matters to Social Services, for example in instances where domestic violence between adults could potentially result in harm to the children.

Can Social Services remove my children from me?

If Social Services believe that your child is at risk of suffering significant harm if they remain with you, they can (if certain criteria are satisfied) apply to the Court and request an Order for the removal of your child from your care. These proceedings are known as care proceedings.

However, issues that Social Services have with your care of your children can be resolved without the need for care proceedings

How can I avoid care proceedings?

If a Social Worker becomes concerned about the welfare of your child, in most cases they will firstly arrange a meeting with both parents to see if it is possible to reach agreement about what needs to happen to protect your child from harm, so that Court proceedings can be avoided.

This meeting is known as a pre-proceedings meeting.

The Social Worker is required to send both parents a letter inviting them to attend at this meeting.  This letter will also set out in detail and in plain language exactly what the concerns are and exactly what Social Services suggest should be done to deal with these concerns and avoid Court proceedings. It is very important for parents to attend at a pre-proceedings meeting with Social Services.

Am I entitled to legal representation at a pre-proceedings meeting?

Yes, each parent is entitled to bring a legal representative with them to a pre-proceedings meeting and they will be entitled to Legal Aid to cover any legal costs, regardless of their income.

What if I do not attend at the pre-proceedings meeting?

If there is a failure to engage in this process for whatever reason, this may result in Social Services issuing care proceedings in respect of your child.

If you receive a letter from Social Services inviting you to a pre-proceedings meeting you should seek legal advice immediately.

Experienced and professional legal advice at this stage of Social Services involvement with your family will go a long way in helping to address any issues or concerns that Social Services may have whilst potentially avoiding the need for lengthy and stressful Court proceedings.

if you require any further information in respect of Social Service involvement with your family, please feel free to contact us here 

Top Tips for First Time Buyers

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So, you’ve decided that now is the time to take the plunge and set your feet firmly on the property market by buying your first home.

Though buying property can be an exciting time for many, it can also be a daunting experience and will be one of the largest financial commitments you will make in life.

So what kind of issues should you be considering when house-hunting?

1. Know your budget

It is important before you get going to seek the advice of an independent financial adviser to find out how much of a mortgage you could be given by a lender and how much of a balance you will have to pay towards the property from your own savings.

A deposit of around 10% of the house price is normally required but the more you can put down to begin with, the better the mortgage deal you will be able to get.

Be realistic about your lifestyle after you move into the property and don’t overstretch yourself in your monthly mortgage commitments. Remember you will also have other outlays before you get your keys such as legal fees, additional surveys, mortgage product fees and stamp duty so be sure to figure them into your budget along with any costs for redecorating and furniture.

2. Research! Research! Research!

It’s a little odd that we make a commitment to spend a very large sum of money based on a quick walk round a property, possibly with other potential buyers present. When you are viewing a property you like, ask as many questions as you can; When was that sunroom built? Does it have planning permission? Is there a warranty? Who are your neighbours? Who owns that massive tree overhanging the garden and who is responsible for trimming it?

Get a second viewing of the property and consider commissioning your own survey – remember, a survey carried out for mortgage purposes is for the bank’s protection, not yours.

If you don’t already live in the area, then visit the location at several different times of the day and night, weekday and weekend. The character of a neighbourhood can really change depending on the time of day. Check the amount of rates payable for that area. Check out local schools, transport routes and sports facilities. Ask yourself; “Is this somewhere I really want to live?”

3. Be aware of ‘common areas’

Many new developments and apartment blocks will have common areas containing stairs, lifts and common recreational space.

All apartments should have the benefit of a management company who look after the maintenance and insurance of common areas – this is also common in many new developments.

The weeding of all those flowerbeds isn’t cheap and so to maintain and insure the common areas of a development or apartment block, each resident is required to pay an annual service charge to the company managing the development or apartments. This charge may be over £100.00 per month and in some developments substantially more. The estate agent showing you around the property should be able to give you an idea of the service charge before you place your offer. Ask yourself can you afford this as well as your other outgoings.

4. Make yourself an attractive purchaser

Demand for property is now strong and you want to have the competitive edge if you are bidding on a new home. The key to this is being prepared:-

  • Have a mortgage agreement in principle in place – this is a document from your chosen lender saying they are happy to lend to you.
  • Have proof that you have the deposit monies in your bank account.
  • Return calls to the estate agent promptly.

Showing that you are keen and engaged can go a long way to securing your property. Speak to a solicitor in advance and know who you are going to appoint to represent you in the purchase of the property

Above all else, don’t get caught up in the excitement and either over-commit yourself financially, or end up in a property you like, but don’t love. Take your time to make the right choices to ensure that in the end, there really is no place like home.
Happy house hunting!
This post has been provided by property lawyer Ruth Flinn of Francis Hanna & Co. Solicitors. Should you require any further information on buying a house in Northern Ireland or if you would like a free no-obligation quote, please contact Ruth on rflinn@fhanna.co.uk