Interim/Emergency Order? Child accused Mother of assault

[ConfusionAndDelay]

I wonder if anyone can help me? I've name changed for privacy.

My step daughter (aged 7) arrived here yesterday afternoon and told me her Mother had hit her hard across the back that morning. My husband got home from work at I told him and he spoke to step daughter about it. Shee had been hit across the back and there were 3 red adult hand sized finger marks (albeit faint but noticeable) where she said she had hit her.

We called Police, they came out and took statement, they saw the finger marks and they spoke to step daughter who confirmed again what had happened. She has a good vocabulary, was quite capable of explaining what happened clearly and concisely.

Social worker and Police turned up unexpected at our door yesterday afternoon (about 30 hrs after it happened) and want to speak to her. They chat to her for around half hour and leave. They didn't tell me what she said but before they left they asked me to confirm when she was due to go back to her Mother (Thursday) and that her Mother doesn't have any other kids that are currently in her care. They said they would be in touch before Thursday.

We understand it's a relatively minor injury, the mark had gone by the time the Social Worker looked, but we have photos from yesterday afternoon and the Police saw. But it's obviously not right to hit a child across the back so hard that your finger marks can be seen 8 hours later!

Something isn't right with her mum. She's been increasingly complaining about being smacked a lot, her mum is angry and step daughter says she cries a lot. She tells her all her problems and makes her feel guilty and worry about them (money, being lonely etc) She's only 7! She said she's been shouting more, swearing and her too. Step daughter has been stopped attending her out of school hobby which she loves, her mum and started working part time instead of full time and she seems unable to get up and get her to school on time, sends her to school when she has been sick, doesn't engage with school much, refuses to do any homework etc despite repeated letters and meetings with the headteacher. She's had serious MH problems before, attempted suicide, severe depression etc (all documented and spanning a number of years) and my husband feels she could be heading that way again (from what he knows of her).

What do we do? Are we allowed to just keep her here until the Police and Child Services get back to us as it will breach the Court Order. Honestly, we don't have £200 spare to make the application to Court that I assume we should really make in order to get what I believe is an Interim Order but if it's essential then we would have to find the money.

Husband doesn't want to take daughter away from her mum, just take steps to keep step daughter safe whilst her mum is encouraged to get help.

[cestlavielife]

It would be reasonable excuse to keep her until the mum.s mental health is re assessed and it s confirmed she ok . Or that she getting help and support.
If she has history of severe mh issues which could impact dsd she may be having a down turn and it far safer you keep the child for now pending confirmation the mum is either getting help and support or is ok.
So long as the concerns are documented which they are then far better you keep dsd for few days until ss confirm all is ok

[cestlavielife]

Her dad could offer supervised contact for now.

[cestlavielife]

If it was a teacher or nanny you would not send the child back until it had been investigated properly. So don't send her unsupervised .

[Lonecatwithkitten]

Get legal advice so you know what you can and can't do. Under the children's act it is your DH's responsibility to protect his child's welfare and sometimes that means stopping contact with the other parent.
Is there current a court order in place?
Having had to do this myself I can not emphasis enough how important good specific legal advice is.

[ConfusionAndDelay]

Thank you both. Current Order in place yes, shared residency order. He is due to go back to her mums tomorrow for a whole week. (As it's summer holidays).

Police investigation is ongoing, they are going to see her mum today to interview her which has taken ages!

Child Services have interviewed step daughter and decided on a Section 47 which we understand is due to "significant risk of harm". Social Worker coming to visit us today at home to meet step daughter and the family. However they haven't visited her mother yet - which seems odd.

They've told DH he must make the decision but won't give him the information of what step daugher disclosed in her interview and won't of course tell him if their "investigation" has shown that her mother is having current MH problems or not. Without this information it's hard for him to make an informed decision.

We've been told that once the Section 47 is complete they will issue a report but I very much doubt that will be don't by tomorrow morning. He hasn't time to apply back to Court (working today and tomorow) and we simply can't afford a solicitor- we already have a huge debt with one from previous applications and hearings.

He's worried if he keeps step daughter and it turns out she wasn't at risk, that her mum doesn't have current issues and the police decide not to charge her (no significant injuries-
Just a red hand print on her back which went within 36 hours) that he will look unreasonable and it will give her mum the opportunity to drag him back to Court and apply for sole residency or something :(

[Lonecatwithkitten]

I know it is tough, but I think you need to find enough money for an hour with a solicitor so that you have the correct advice. It shouldn't take more than that.