Looked after child?

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David Roth
Posts: 2022
Joined: Thu Aug 10, 2006 10:14 am

Re: Looked after child?

Post by David Roth » Wed Mar 26, 2014 10:44 am

dangrad

It is good that they have agreed to provide some funding for a solicitor, even if it is only for a limited amount. You should make sure the solicitor is aware from the outset about any financial constraints, so you can discuss how to make the best use of the finances provided.

If the solicitor is representing you in the SGO application, then it will be really important that you get the local authority's agreement to pay you an SGO allowance, and the amount they will pay you, before the order is made. If the local authority doesn't agree to provide you with financial support, plus any other support services you and the child might need, before the order is made, there is very little chance of them agreeing to it afterwards. They need to do the financial assessment at an early date, and let the court know how they are going to support you when they are writing the SGO report. With this in mind, another case law precedent that it will be useful for your solicitor to be aware of is the 'Lewisham judgment', which states that the maximum amount payable as an SGO allowance (before any deductions and means-testing) should be the amount you would receive if you were fostering the child, including any enhancements to the fostering allowance that might be payable due to the child having special needs or a disability. The legal reference for this case is: B V London Borough of Lewisham [2008] EWHC 738 (Admin)

Good luck with this!
David Roth
FRG Policy Adviser

dangrad
Posts: 7
Joined: Tue Feb 18, 2014 8:34 pm

Re: Looked after child?

Post by dangrad » Fri Mar 28, 2014 9:02 pm

Thankyou so much for all your help. We now feel alot more hopeful of a positive outcome, although i'm sure the LA will try and wriggle out of their responsibility.
It just doesn't seem right that we are having to fight our LA at a time when we could really
do without all the added pressure. Perhaps they think that because we are grieving and at a low ebb emotionally that we will give up and agree to everything that they say or suggest. It seems that we have been naive up until recently, i really thought that childrens services where there to do what is best for the child, when in reality they are doing what is best for them.

Em2503
Posts: 2
Joined: Tue Mar 19, 2019 3:14 pm

Re: Looked after child?

Post by Em2503 » Mon Mar 25, 2019 5:05 pm

Hello

Any chance anyone can update me with news about fighting the decision SS make about private arrangement. I am in the same vote and am clear that through the SS intervention the children have ended up in my care. Thanks

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Suzie, FRG Adviser
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Joined: Thu Jul 28, 2011 11:25 am

Re: Looked after child?

Post by Suzie, FRG Adviser » Wed Apr 03, 2019 10:04 am

Dear Em2503

Just to let you know that I responded to your query on the ‘natter and chatter’ thread.

I would suggest that you ring the FRG freephone advice helpline on 0808 801 0366 (Mon to Fri 9.30 to 3.00) too to discuss your situation more fully with an adviser.

With best wishes

Suzie

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