contesting a failed assessment

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Suzie, FRG Adviser
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Re: contesting a failed assessment

Postby Suzie, FRG Adviser » Fri Sep 09, 2016 10:04 am

Dear TheMA,

I agree with Robin!

Thank you for posting back.

I am so glad that everything is working so well for you and your family.

You will be glad that the supervision order will be ending and that children services will be closing their case.

But do come back in the future if you need any further advice.

Suzie

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ied53
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Re: contesting a failed assessment

Postby ied53 » Fri Sep 09, 2016 7:12 pm

great news well done
Irene
Grandparent carer in Lincolnshire
Tough times never last tough people do

Luv2read
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Re: contesting a failed assessment

Postby Luv2read » Mon Sep 26, 2016 7:05 pm

Hi, can anybody give me some advice. My daughter is at court on Friday and ss are going for adoption for my grandson. Last week they were looking to place him with us with a sgo. Today they have changed their minds saying that they can't do that as I'm not responsible as I allow my 16 year old daughter (17 in 2 month) sleep at her boyfriend's house and I don't know everything about him and his parents. Is there anything I can do. We have done all the assessment and they were happy until this

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Robin D
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Re: contesting a failed assessment

Postby Robin D » Mon Sep 26, 2016 9:21 pm

Luv2Read. I suggest you apply directly to the court office to be 'joined to the proceedings' as you were approved by SS for SGO. The court office will help you, but it costs £175 I think. Do not tell the SW until after you have done it and possibly not before Friday.

Then go to court Friday to put your case directly to the court. Unless you have loads of spare cash to spend on a solicitor, you will need to act for yourself.

If not already appointed, ask the court to appoint a solicitor for the child. You may at this stage just be fighting to prevent the order being made that day. The court may ask for an independent person to review CS recommendation.

Losing a bit of control over a near 17 year-old does not make you a bad parent. Your daughter is also well over the age of consent. The court though will want reassurance that you have thought about it and learnt from the experience, and what you might have done differently (although the reality is not a lot!).

Good luck.
Former F&F carer, foster carer, adopter and respite carer for umpteen children. Now retired and when with kids, making sure they 'go home' at the end of the day.

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

Re: contesting a failed assessment

Postby Suzie, FRG Adviser » Thu Sep 29, 2016 2:16 pm

Dear luv2read,

As Robin has advised, you need to make an urgent application to be joined as a party to the proceedings.
You can use a C2 application or write a letter to the court setting out that you had been positively assessed and that you do not agree with children’s services new position. You want the opportunity to challenge it.
Have you got children services reasons in writing?
Do you know what the other parties (mum, dad and the guardian for grandson are saying). They must all be surprised by this sudden change in care plan and may not agree with children services position.

The court should only make an adoption order, if nothing else will do. It is the last resort.
Children services should have fully assessed all other possible carers for your grandson. In doing those assessments, they should consider all the pros and cons and fully assess each person considering whether any support could enable any person to be a carer. So if they decided that your decision was wrong, they could offer information and support about this to help you understand their concerns.

Have they asked your view about letting your daughter stay over at her boyfriend’s parents?
Did you assess the safety of the situation? Do you know your daughter’s boyfriend and his parents, for example?
Is your daughter particularly vulnerable and if so, was this taken into account?
As Robin pointed out, your daughter is at the age of consent. At 16, she is also old enough to make a lot of decisions herself.
To get urgent legal advice, you could also find a solicitor who specialises in children law and is accredited by the law society here.

Best wishes,
Suzie

Luv2read
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Re: contesting a failed assessment

Postby Luv2read » Fri Oct 07, 2016 7:42 am

Hi, I saw a solicitor and he spoke to my daughters solicitor as I have nothing in writing. So told me I had to get a solicitor to see the assessment they had done on us. We had passed the sgo assessment but they put an amendment in regarding my letting my daughter sleep at her boyfriends. We know her boyfriend. We haven't met his parents but know that they have a younger child in foster care who goes and sleep at home for a weekend once a fortnight. We went to court and my daughters solicitor said that I had took legal advice and was going to apply to be part of the proceedings. The judge decided to add us there and then. I am now awaiting to see if we can get legal aid. The gaurdian is agreeing with ssh for adoption. I don't know if we stand a chance when the professionals are against us.

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Suzie, FRG Adviser
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Re: contesting a failed assessment

Postby Suzie, FRG Adviser » Fri Oct 07, 2016 1:51 pm

Dear Luv2read

You have already had some very helpful and supportive responses to your posts.
As you will see from the MA whose thread you posted on, there can be a successful challenge of an assessment. You had a positive assessment and only now because of your daughter, children services are not recommending you for a special guardianship order.

If that is the only reason, I do not think this will be sufficient evidence for the court to say that there will be a risk to you having permanent care of a child. Although your daughter is sleeping at her boyfriend’s home, it cannot be said that she is so out of control that you do not know where she is. Has children services commented on the fact that her boyfriend's mother allows her to stay even though she has a young child in the home. Very few parents know the history of the parents of a person their child is seeing. The fact that they have a child in foster care might be of concern to children services who will know their history but they cannot say that you have to as well.

Your daughter is still a child and if children services think she is in danger or beyond your control they could take action and treat her as a child in need or suggest that you agree to her being accommodated so children services can safeguard her.

The judge made you a party to the proceedings, I suggest that you take the positive from that especially as you were positively assessed by children services. The court can go against the guardian if it is considered to be in the child’s best interests. Also, the guardian cannot just agree with children services without giving the court good reasons for doing so.

As the MA has posted a success story it is possible that you too will come out with a happy ending. Please have a look at our information page for family and friends carers here .

Should you wish to speak to an adviser, please telephone our advice line on 0808 801 0366. The advice line is open from 9.30 a.m. to 3.00 p.m. Monday to Friday.

Best wishes

Suzie

flowers
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Joined: Mon Nov 06, 2017 10:12 pm

Re: contesting a failed assessment

Postby flowers » Thu Nov 09, 2017 4:40 pm

hi my self and partner got a negative on our assessment can the judge overturn this ? if we both explain that what we faild on was years ago and that we have turn are lives round now ,i mean it was like 10 yrs ago and i was depressed ,


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