Safeguarding: A Guide
'Safeguarding' is the term that professionals use when talking about how to keep you and your children safe. There are behaviours and indicators for professionals to raise what are known as 'safeguarding' concerns in a social or professional setting, for example your child's school or your work. If you’re concerned about abuse, violence, neglect, or risk to your children’s welfare, you have legal options and can raise safeguarding concerns with your local social services, your child's school and the police. If a professional such as a teacher, GP or a social worker has safeguarding concerns about you or your children, they will make a referral to the appropriate service in your local area.
How can safeguarding concerns be raised in family court?
By you
As the Applicant or Respondent you can raise concerns about domestic abuse, neglect, substance misuse or unsafe contact in your C100 application and in a C1A form.
By Social Services
You can report your concerns to your local social services who may conduct an investigation into your concerns. Depending on the seriousness of the allegations, they may carry out a Section 47 investigation (a child protection investigation) or a Section 17 investigation (for child in need assessments). You should be informed every step of the way and be asked if you consent to these investigations.
Depending on the outcome of the investigation, you may be given a 'child in need' plan and be offered various methods of support to help you and your children, such as a Separated Parents Course, Family Group Conference or a therapy for your child to support them. This is not legally binding and you must give your consent to any strategies being put in place, unless the situation is so serious that Social Services determine they need to protect your children and you urgently.
By CAFCASS:
CAFCASS will carry out safeguarding checks with police and local authorities if you have raised issues of abuse in your C1A and C100 forms. They produce a safeguarding letter for the court, outlining any risks they identify and will usually be present in the first hearing. You have the right to question a CAFCASS officer on their reports if you need to clarify or disagree with anything in their reports.
By other professionals:
Teachers, doctors, or health visitors may make referrals to social services which can then be fed into the court case via CAFCASS or local authority reports.
What the court must do when concerns are raised
Practice Direction 12J in the Family Procedure Rules requires judges to consider all allegations raised and the potential safeguarding risks before making decisions on child contact or residence.
A court may order
A fact-finding hearing to test allegations, see our 'How To: Court Hearings' section for further details:
For CAFCASS or social services to write a report on the allegations, this is called a Section 7 welfare report.
At a Directions Hearing, supervised or indirect contact if risks are identified.
In rare cases, no contact if it is unsafe.
Your legal options if you raise concerns
Ask the court for protective orders such as
Prohibited Steps Order
To prevent an unsafe action, like removing a child from school or travelling abroad.
Non-Molestation Order
To protect you and your child from the abuser.
Specific Issue Order
To make decisions about schooling, medical care, or passports.
File a C1A form alongside your C100, explaining the type of harm or risk, see our video walkthroughs on how to fill out these forms.
If you are under investigation by social services
It is totally understandable that when social services are involved in your case that your children may be 'taken away'.
It’s important to know:
Under Section 17 of the Children Act 1989, social services have a duty to support families to care for their children.
Only if there is evidence of significant harm will the local authority apply for a Care Order (s.31). This will not happen without your knowledge and you have the right to appeal it in court. You usually have 21 days from the date of the order to file an appeal.
A court must always consider whether children can stay with their mother with support put in place before separation.
You have a right to be heard in court and to see reports about your case.
You are normally entitled to Legal Aid in care proceedings, including appeals.
Support Services
See our guide to CAFCASS and social services:
Domestic Abuse and You
1
What are the signs?
Coming to terms with your partner or ex-partner's behaviour can be very difficult emotionally. There is no blame or shame in having endured abuse, it can happen to any woman, at any time of her life and is not limited to women from a certain background. These signs are listed to help you name the type of abuses you may be experiencing a guide you to the right service and legal option for you.
Physical abuse
If your partner is hitting, kicking or restraining you, using threats of violence, or destroying your personal or shared property, this is categorised as physical abuse. If they touch you in any way that makes you uncomfortable, and they don't stop when asked to, this is also abusive.
Emotional abuse
Healthy and secure people can still act in a way that can hurt another person, no one is perfect. However, humiliation such as name-calling, constant criticism, making you doubt your ability to tell reality from fiction (gaslighting) and/or isolation from your family and friends is not loving, safe or kind. Your partner may accuse you of cheating on them, display excessive jealousy, ask you to hit them, accuse you of not loving them enough and demanding your constant attention, then reject you. Any emotional manipulation such as guilt-tripping or emotional manipulation is toxic and abusive.
Coercive and controlling behaviour
This is a criminal offence and is recognised in the Serious Crime Act 2015 (s.76)
Behaviour such as monitoring your phone or movements, dictating what you wear, when you eat or sleep and controlling who you see are considered coercive and controlling behaviours. Similarly, tracking you through apps, monitoring your calls and messages, and/or threatening you online is controlling and coercive.
Sexual abuse
If you have any sexual contact with your partner without your consent, or forcing of pregnancy or abortion, this is sexual abuse.
Financial abuse
If your partner is taking your income without your consent, blocking access to your money or building debt in your name, this is financially abusive.
2
What are my legal rights?
The Domestic Abuse Act 2021 recognises children and adults as victims in their own right and you have the legal right for you and your children to not put up with abuse.
Court orders you can apply for:
Non Molestation Orders
(Family Law Act 1996, Part IV)
This stops harassment, intimidation by your ex partner and/or contact with you and/or your children.
Occupation Orders
(Family Law Act 1996, Part IV)
These orders decide who lives in the family home and who is allowed to enter the family home.
Domestic Abuse Protection Orders/Notices
(Domestic Abuse Act 2021)
These prevent the abuser from coming within a certain distance of you. They are free to apply for. A social worker, the police or you can apply for them.
What evidence do I need
Police evidence
Health & Medical records
Evidence Tracker
Support Services
Specialist Services
Financial records
For more detail see our 'Preparing Evidence' section
3
Where can I go?
Sussex Services
National Services
What else do I need to know?
You may be worried about how the Family Courts work and how they make decisions
If you're unsure how you will pay for court fees, see our guide on how you can get help
If you're feeling overwhelmed and need support or techniques to help you stay grounded see our services and wellbeing sections.
Domestic Abuse & Children
1
What're the signs?
Children deal with separation in many different ways, experiencing upset and high levels of frustration is not uncommon, however, you know what is normal for your children and they may not always disclose abuse directly.
Signs can include:
Emotional/psychological distress such as persistent and violent nightmares, sudden mood changes that are not in line with their developmental age, significant withdrawal from you, siblings and family, anxiety around a parent or going to contact.
Behavioural signs such as high levels of aggression that appear with or without a clear trigger, bedwetting out of line for their developmental age, self-harm, a sudden decline in school performance. Some children present as being totally fine in school, children may have a 'flight or fight' response and may hold their feelings in public settings and let them out at home when they feel safe.
Physical indicators such as unexplained injuries which they won't explain, older children may frequently be absent from school without telling you or they may appear fearful at home e.g jumping or twitching at low level noises.
Children may indirectly disclose abuse through casual comments, drawings, or play that reveals their fears, violent or traumatic events.
2
What are their rights?
Does the co parent have parental responsibility?
Parental Responsibility is defined under Section 3 of The Children Act 1989. It means that if your ex partner has PR, they have legal rights, duties and powers in making decisions about your child's upbringing. A parent with PR has the right to apply for a court order to see your child, even if your child doesn't want to spend time with them. If your ex partner does not have PR (given on the birth certificate or through marriage) they are financially responsible for your child in law, but they don't have the right to see them, they will have to apply to court.
Can my child refuse contact?
There is no fixed age at which a child can refuse contact with a parent and that wish be fulfilled, however the court will take the child's wishes and feelings into account as part of the welfare checklist (Section 1(3) Children Act 1989) and by age 12-14 years old, the court often give significant weight to your child's opinion.
All children are protected under Domestic Abuse Act 2021 and are recognised as victims of domestic abuse in their own right if they see, experience or hear the effects of abuse.
The courts have a duty to consider whether contact is safe and in the child's best interests. Contact can be ordered to be supervised in a contact centre, indirect through emails or video calls or stopped entirely for your child's welfare.
3
What can I do?
Court orders you can apply for:
Non Molestation Orders
(Family Law Act 1996, Part IV)
This stops harassment, intimidation by your ex partner and/or contact with you and/or your children.
Occupation Orders
(Family Law Act 1996, Part IV)
These orders decide who lives in the family home and who is allowed to enter the family home.
Child Arrangements Order
(Section 8 of The Children Act 1989)
Decides how, when and where your child has contact with your ex partner.
What evidence do I need?
For more detail see our 'Preparing Evidence' section
Support