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Interim care order

Posted: Tue Mar 21, 2017 3:13 pm
by Hails27
Hi im new to the forum and need some advice.
My little brother was taken off my dad and his mom in 2003 when he was 6 through court order he is now 13. My brother ran away from his career back in october i since then have had assessments along with my partner to have my brother. While these were being done he was in my care. we have passed assessments but since this SW have really messed us around and not bothered with my brother when he is known as a LAC...
He is in a special behaviour school and they have also agreed that the SW is not doing her job properly. We are being told we have passed assessments to be his carers but we are not his carers. We are not entitled to no fincial helo from them but we arent aloud to apply for CB or CT for him either as they have said we cant.
Iv asked for copy of assessment protocol and they have refused this saying im not aloud a copy. The care plan we have is over a year old and he has been with me since Novemeber and it has not been updated. We have no support plan either on how we can help my brother with his needs as he has ADHD ODD and many other issues. We have asked for his next LAC medical to not be given no dates. We got told he has to have contact witu my other two sisters who are in care but we have not been given dates just he has to have one soon...
I dont know where we stand with what we go for as we got told by IRO for connection person - family friend carer for SW to say SGO. Iv asked around and looked in to it to find and be told that connected persons is wjat we need. SW has confused us and school by saying in meeting his NOT a LAC when on papers he is....
Where do we stand

Re: Interim care order

Posted: Thu Apr 06, 2017 2:38 pm
by Suzie, FRG Adviser
Dear Hails27

Welcome to the Family and Friends Carers Discussion Forum.

My name is Suzie, online adviser at Family Rights Group. I am very sorry that your post did not receive a response before now.

It is very concerning that you are having such difficulties dealing with children services regarding your 13 year old brother.

You have headed your post interim care order. The order would only be interim if there was still a care case before the court. From my experience, if your brother was taken from his parents’ care as long ago as 2003 (I think you meant 2013) that he would be subject to a care order. His placement with foster carers would have been as long term fostering. As this placement has broken down it is children services’ responsibility to ensure that he is properly cared for. They have a duty to do so, they have parental responsibility for him as there is a care order.

You should be treated as a foster carer and paid the appropriate fostering allowance which can be anything from £187 to £161 per week depending on where in the country you live. Please see our advice sheet about relatives and friends taking care of a vulnerable child in an emergency. I suggest that you ask the social worker about receiving payment as a foster carer. Children services should pay you from the date your brother came into your care.

As you have had assessments, I am not sure if this is for you to be a special guardian for your brother. I think you should ask the social worker to explain the legal basis on which you are looking after your brother at the moment. As stated above, if there is a full care order then you are a foster carer and cannot be looking after him other than as a kinship foster carer. Ask the social worker to confirm this in writing.

I am including here a copy of our advice sheet relating to the support you are entitled to receive as a family and friends carer. I have also included our advice sheet relating to the duties that children services have when a child is in the care system. Please also read our advice sheet about family and friends carers becoming a foster carer, sometimes referred to as connected person or kinship carer. You do not have to apply for a special guardianship order if you do not want to and should not be forced or bullied into doing so. I think it is important that you have all the information so you can make an informed decision and the social worker should provide this. If you are not happy with how the social worker is dealing with you, I suggest that you ask to have a meeting.

You state in your post that your brother has a number of issues and, as such, children services has a duty to ensure that he his needs are met. They would have to consider his needs even if he was not under a care order under what is called child in need.
From your post it appears that you do not have any order from the court to care for your brother. The fact that he has an independent reviewing officer (IRO) means he is a looked after child. The social worker cannot say that he is not a looked after child if they have a care order.

Please do post again if you have any further questions after reading the information I have sent you or if you need further advice.
You might also wish to speak to an adviser and you can do so by telephoning our free, confidential advice line on 0808 801 0366. The advice line is open from 9.30 a.m. to 3.00 p.m. Monday to Friday (excluding Bank Holidays).

Best wishes


care order

Posted: Thu Apr 06, 2017 6:53 pm
by Hails27
I do apologise. I meant to say he went in to care 2011. It is a care order he has on him. We have not gone through court ourselves about having my brother.
Since i wrote this, i have spoke to social workers and demanded for connected persons to be pushed forward and not SGO for them to say i will fail connected persons assessments but not SGO which makes no sense to me. Me and my partner mentioned this to IRO and in all honesty she laughed and called the social worker stupid and told us to keep pushing as she is backing us.
Iv asked what assessments we had taken on us and she said it was assessments for us to be approved for him to live with us permanently. The stamp as they call it has been given by the social worker board but we still 2wks down have not had no paper work to prove this just word of mouth.
Me, my partner and my brother school have pushed forward for his LAC medical and finally got a date for this but still no help what so ever from social worker...
Iv looked at what you attached and that is excate information i have wrotten down as i have been looking around on line, on here and speaking with citizens advice bureau.
Since last spoke social worker as been handing over £62 every friday but has said we can not apply for CB CT or DLA and also states that this payment is made at there discretion and they dont and wont pay anymore and they will stop it whenever they want. When we had him in Nov he had nothing no clothes we spent £150+ on him and more since then to be told they wont pay this back. Others have said social have to pay back. Just feel like they are dragging there knuckles...
I have emailed IRO who has passed my email to her manager, SW, SW manager and SW board. She dis this as she said she agreed with all what i was saying and felt all was wrong what SW doing. Still no response from SW since this was done...
Me and partner feel really stuck cause of the care my brother needs i have had to leave my job which has now become more of struggle for us as a family but we are doing and proving SW we know what we are doing...
Angers me more when they say to me tour young tho iys to much to take on. Im 27 nearly 28 and hate ppl like SW saying this as she looks down on me and thinks im thick but then Hates when i throw in her face when she is in wrong or going wrong...
Sorry about the rant

Re: Interim care order

Posted: Fri Apr 07, 2017 12:30 pm
by Suzie, FRG Adviser
Dear Hails27

Thank you for your post. I think you are entitled to have a ‘rant’ as it appears from you posts that you have not been treated appropriately since taking on care of your brother.

Your brother, as I have said previously, is a looked after child and as such children services should be making sure he is properly cared for and his needs met. It is their duty to do so.

It seems to me that you may have to consider making a formal complaint since you are not being paid the fostering allowance to which you are entitled. The reason you cannot claim child benefit is because the local authority has a care order and the expectation is that you are receiving a fostering allowance so not eligible to claim child benefit.

To assist you I am including a link to our helpful letters . You should use Letter 2 to make a formal complaint and request for payment of the fostering allowance due to you. It is very good that the independent reviewing officer (IRO) is support you but she really should be putting pressure on children services as it is her responsibility to ensure that your brother’s care plan is being adhered to and his welfare considered in all decisions children services make for him.

Please consider the letter included above because what the social worker is telling as you have stated is wrong. Your brother is looked after and you should be receiving the appropriate allowances.

You might want to read information on our website about sibling carers and I have included a link here .

I hope this is helpful. However, as previously suggested, please telephone our advice line if you would like to speak to an adviser. The advice line can be reached on 0808 801 0366 and is open from 9.30 a.m. to 3.00 p.m. Monday to Friday (excluding Bank Holidays).

Best wishes