What contact should you get when your child is in care? Can a Social Worker Refuse Contact?

What contact should you get when your child is in care? Can a Social Worker Refuse Contact?

If your child has been taken into care, you are probably wondering whether you still have the right to see them.

The answer is usually yes. In England, the law recognises that maintaining a relationship between a child and their parents is often important for the child’s welfare. Although a social worker can recommend restrictions on contact in some situations, they cannot simply stop contact because they think it is unnecessary or inconvenient.

This guide explains:

  • whether a social worker has to arrange contact;
  • when contact can be refused;
  • what happens if your child refuses to see you;
  • how often you should expect contact;
  • and how you can challenge decisions you believe are unfair.

Does a Social Worker Have to Arrange Contact Between a Parent and Their Child?

In most cases, yes.

If your child is in the care of a local authority under an Interim Care Order or Care Order, the local authority has a legal duty under section 34 of the Children Act 1989 to promote reasonable contact between a child and their parents unless there is a lawful reason to restrict it.

There is no legal rule stating that parents are entitled to a particular number of visits each week. Instead, the amount and type of contact should be based on the individual child’s welfare.

Contact might include:

  • Supervised visits
  • Unsupervised visits
  • Contact at a family centre
  • Community contact
  • Telephone calls
  • Video calls
  • Letters, cards and gifts (known as indirect contact)

Every family’s circumstances are different, and contact should be reviewed regularly rather than remaining the same throughout care proceedings.

Can a Social Worker Refuse Contact?

Sometimes – but only if there are proper legal reasons.

A social worker may recommend reducing or restricting contact where there are genuine concerns that contact could harm the child’s welfare.

Examples include:

  • Concerns about physical or emotional abuse
  • Domestic abuse
  • Serious drug or alcohol misuse affecting safety
  • Threatening or abusive behaviour during contact
  • Repeatedly upsetting or frightening the child
  • Attempts to undermine the child’s foster placement
  • Failure to comply with agreed safety arrangements

A social worker cannot simply refuse contact because:

  • they disagree with your parenting;
  • they believe contact is inconvenient to arrange;
  • they think you are unlikely to regain care of your child; or
  • you have made complaints about the local authority.

Any restrictions must be justified by the child’s welfare.

Can the Local Authority Stop Contact Completely?

Usually, no.

If your child is subject to a Care Order or Interim Care Order, the local authority cannot normally stop all contact without asking the Family Court for permission.

There is one important exception.

If there is an urgent safeguarding concern, the local authority can suspend contact for up to seven days while deciding whether to apply to the court.

Longer-term restrictions generally require a court order under section 34 of the Children Act 1989.

What Happens if My Child Refuses to See Me?

Many parents fear that once a child says they do not want contact, it will stop immediately.

In reality, the situation is more complicated.

The child’s wishes and feelings are an important part of any decision, particularly as they get older. However, a child refusing contact does not automatically mean that contact should end.

The social worker should consider questions such as:

  • Why is the child refusing?
  • Are they frightened or anxious?
  • Have they been influenced by someone else?
  • Would contact be easier in a different setting?
  • Could therapeutic support help rebuild the relationship?

Sometimes changing the arrangements can make a significant difference.

For example:

  • shorter visits;
  • more frequent but shorter contact;
  • video calls before face-to-face meetings;
  • indirect contact through letters or cards;
  • supported or therapeutic contact sessions.

Children’s views should always be taken seriously, but they should also be explored carefully before long-term decisions are made.

How Much Contact Should I Have?

There is no minimum amount of contact set by law.

Some parents see their children several times each week, while others have monthly or indirect contact.

The court and local authority should consider:

  • your relationship with your child;
  • your child’s age;
  • any safeguarding concerns;
  • your child’s wishes;
  • whether rehabilitation home is being considered;
  • practical arrangements such as travel and schooling.

If reunification is the long-term plan, more frequent contact may often be appropriate.

Can Contact Increase Over Time?

Yes.

Contact arrangements should not remain static.

If contact is going well, you may be able to request:

  • longer visits;
  • additional sessions;
  • community contact;
  • unsupervised contact;
  • contact outside a family centre.

Positive engagement, punctual attendance and addressing the concerns identified by the local authority can all help support an increase in contact.

How Can I Challenge a Decision About Contact?

If you believe you are not having enough contact with your child, you do not have to accept the decision without question.

  1. Ask for the Reasons

Request a written explanation setting out:

  • why contact has been restricted;
  • what concerns remain;
  • what needs to happen before contact can increase.

This helps you understand the decision and creates a record if you later need to challenge it.

  1. Speak to Your Solicitor

If care proceedings are ongoing, your solicitor can raise the issue with the court.

The judge can decide whether the current arrangements are appropriate.

  1. Ask for a Review

If circumstances have changed—for example you have completed treatment, addressed concerns or contact has been positive—you can ask the local authority to review the arrangements.

  1. Apply to the Court

Where appropriate, parents may ask the Family Court to decide disputes about contact under section 34 of the Children Act 1989.

The court’s decision will always be based on the child’s welfare.

Does the Local Authority Have to Help Contact Take Place?

Yes.

The local authority should make reasonable efforts to ensure contact is meaningful and safe.

This may include:

  • arranging suitable venues;
  • considering travel difficulties;
  • supporting children emotionally before and after contact;
  • providing interpreters where needed;
  • considering therapeutic support where relationships have broken down.

Parents also have responsibilities. Attending regularly, arriving on time and keeping contact child-focused can help demonstrate commitment and strengthen your case for increased contact.

Frequently Asked Questions

Can a social worker stop me seeing my child?

Only in limited circumstances. If your child is subject to a Care Order or Interim Care Order, the local authority will usually need the court’s permission to stop contact altogether, except where contact is suspended for up to seven days because of an urgent safeguarding concern.

Can my child refuse to see me?

Yes, particularly if they are older and able to express informed views. However, a child’s refusal does not automatically mean contact should end. The reasons for their wishes should be carefully explored.

How often should I see my child in care?

There is no legal minimum. The frequency of contact depends on what is in the child’s best interests and the circumstances of the case.

Can I ask for more contact?

Yes. You can ask the local authority to review the arrangements, speak to your solicitor or ask the Family Court to decide whether contact should be increased.

What law covers contact with a child in care?

Contact between parents and children who are in care is primarily governed by section 34 of the Children Act 1989.

Key Takeaways

If your child has been taken into care, you will usually have the right to maintain reasonable contact. While a social worker can recommend restrictions where there are genuine welfare concerns, they cannot remove contact simply because they think it is unnecessary. If you believe contact has been unfairly limited, you can ask for the decision to be reviewed and, where appropriate, ask the Family Court to decide what contact arrangements are in your child’s best interests.

If you are involved in care proceedings, obtaining specialist legal advice as early as possible can help you understand your rights and ensure your views are properly presented to the court.

We offer competitive and affordable rates as well as fixed fees and legal aid  – please contact us on 01274 305380 / 01535 600 973 / reception@williscroft.co.uk