SGO or Care Order

[Aunt123]

After a very successful assessment for us (as aunt and uncle to our little one)to get an SGO we were made party to proceedings in court and received all the paperwork. On reading this we were horrified by the level of problems, aggression and criminality involved including opposition to us and outright refusal to work with the authorities. After much soul searching and discussion with childrens guardian, advocates etc we have requested an Care order for 12 months to support us in managing parents expectations and opinions and volatility clearing stating all the reasons for this to social care and the courts. We have been made to feel like we have messed the whole process up, that we have no commitment to the child and have been threatened that without the SGO we will be blocked from going any further and potentially the child could be ultimately offered for adoption. We are totally committed but feel we need support and a buffer from parents for a while. Can social care and indeed the judge carry on with this assassination of us and try and blackmail us into the SGO when we are totally committed and just need support this is a huge leap of faith and the rest of our lives we are committing to and are just asking for that understanding.

[Suzie, FRG Adviser]

Dear Aunt123,

I can see that you are reeling after reading the court papers. You had not realised the depth of the problems, aggression and criminality as well as the parent’s opposition to you and their inability to work with children services. Seeing everything written down in black and white can have this effect.

However, you should take strength from the fact that the social worker who assessed you clearly decided that you had the resources to look after your little one.

You are worried that you will not get the level of support needed to manage the parents expectations and volatility. You don’t want to be abandoned by children services and left to cope. This is why you want the framework of a full care order for a year.

A full care order would offer the most support available however, there are real disadvantages as well.

The court at the end of care proceedings wants to see permanent plans being made for the long term care of your little one. The law also says that delay in planning for children is detrimental for their welfare.
Your difficulty may be in explaining why a delay of 12 months in making long term plans is in the best interest of your little one.

If a care order is made for 12 months then it gives the parents the opportunity to ask to be re assessed and possibly for your little one to return to them in 12 to 18 months’ time.

Also you will not have parental responsibility yourself but the parents as well as the local authority will. All major decisions about your little ones upbringing will be made at a looked after review not by you.

The other option would be, as Irene has rightly advised, is to argue for a supervision order to provide support to you for the first 12 months of you having a special guardianship order.
Has this been suggested at all? What is the guardian’s position?

Have you got a solicitor to advise you about the different options? Children services also have the power (under the special guardianship regulations) to pay towards your legal fees although they do not have to.-see the special guardianship regulations.
A solicitor could read the court papers and advise you as to your position.


Please also consider contacting our advice line on 0808 801 0366.

Best wishes,

Suzie

[Aunt123]

Thanks for the info. We do have a solicitor and they have told us to stand our ground which we now have and there has been an agreement for an interim care order as court dates have been pushed forward again. It was pretty stressful though as a lot of challenges were made on our commitment. We feel we have done the right thing because father has already pushed boundaries for attending medical appointments and surgery that is required and we need social care to confirm the appropriate boundaries as to not carry the blame ourselves. We now have to attend foster panel but this hopefully will be fine as our previous assessment was so positive.

[Aunt123]

Sorry guardian is in full support