Legal papers

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Dolly daydream
Posts: 11
Joined: Thu Jun 18, 2015 6:33 pm

Legal papers

Post by Dolly daydream » Fri Sep 18, 2015 1:03 pm

I am due in court on the 25/09/15 for an SGO hearing and was wondering when I should expect to receive any paperwork pertaining to the case, I have as yet had not one piece of paper so have no idea what has been said by the birth parents.

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Suzie, FRG Adviser
Posts: 533
Joined: Thu Jul 28, 2011 11:25 am

Re: Legal papers

Post by Suzie, FRG Adviser » Mon Sep 21, 2015 11:39 am

Dear Dolly daydream,

it is important that you see the court papers before the hearing on the 25th September 2015.

Who made the application to court? Was it you yourself or did you instruct a solicitor or did children services (or their legal department) make the application on your behalf?

If it is your solicitor or the local authority children services or legal department, you need to contact them urgently and ask for copies of the papers to be given to you as soon as possible.

Also ask whether the report from children services in support of the special guardianship order is available yet.


Have you asked to be assessed for support to help you look after your grandson?
Support that might be available but is in the discretion of the local authority might include:
• an allowance or lump sum payment,
• help with managing contact between your grandson and his parents and other relatives.

Here is our advice sheet about special guardianship orders . Page 38 onwards details support that might be available.

From reading your earlier posts you say that your grandson is not yet placed with you. Is that still the position?

If your grandson is “looked after” -(for example, still in foster care) does the social worker want the child to come to you under an “interim” order or will they be waiting for the final special guardianship order to be made?
If so, the court will consider an interim child arrangements order (because there is not an interim special guardianship order).

If the court wants to make an "interim" child arrangements order

I would caution you to make sure that children services will still be assessing you for any support available. If your grandson came to you initially under an interim child arrangements order he will not be a "looked after" child and so children services would not have to assess for support and you might miss out.

The law says if a child is “looked after”, children’s services MUST assess for any support, if you ask.
However, if a child is not “looked after”-for example, placed with you under an interim child arrangements order-then they only MAY assess you for support. They do not have to.

If you are not sure about this, either;
1. telephone our advice line on 0808 801 0366,
2. or ask your solicitor about assessments for support.
3. If you do not have a solicitor, you could ask children services to confirm in writing that they will be assessing you for support under the special guardianship regulations, the timescale for the assessment and the named social worker who will be doing the assessment.

Best wishes,

Suzie

Dolly daydream
Posts: 11
Joined: Thu Jun 18, 2015 6:33 pm

Re: Legal papers

Post by Dolly daydream » Mon Sep 21, 2015 1:55 pm

Hi Suzie
I have seen a copy of the SGO order but social worker is still to send me any paperwork. I have been assessed for financial support. I just would like to know what has been written about myself and my son and his girlfriend. My grandson is with foster parents at the moment and the social. Services are the ones dealing with the SGO. Thank you for your help

Dolly daydream
Posts: 11
Joined: Thu Jun 18, 2015 6:33 pm

Re: Legal papers

Post by Dolly daydream » Mon Sep 21, 2015 8:31 pm

I am party to proceedings but she has another boy on an SGO so has to check legally what I can see. Thanks for your reply.

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Suzie, FRG Adviser
Posts: 533
Joined: Thu Jul 28, 2011 11:25 am

Re: Legal papers

Post by Suzie, FRG Adviser » Fri Sep 25, 2015 10:44 am

Dear Dollydaydream

It is good practice for the assessing social worker to provide a range of scenarios to you in a way that does not breach confidentiality.

The social work analysis has the effect of being able to assess your ability to protect, seek support and respond to the children's needs in different situations.

The assessor should be professional enough to complete the report in a way that does not breach confidentiality, but informs the assessment in an evidenced based way.

Otherwise her analysis could be challenged in court.

I hope this helps.

Best Wishes

Suzie

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