Failed viability

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fernypops
Posts: 5
Joined: Wed Apr 16, 2014 2:35 pm

Failed viability

Post by fernypops » Tue Aug 05, 2014 6:53 pm

Hiya guys back in May we were assessed for my brother in laws girls to come live with us however we failed the viability assessment due to our daughters special needs and how they believe it will affect her.

We had a few issues with the assessment that we inaccurate such as they said we have a 2 bed property that would not be large enough for 6 people when in actual fact we have a 3 bed with more than enough space for 6 people. Our daughter has a social worker (she has attachment issues caused from trauma when living with birth mum) and the reporter wrote about our son having a social worker also which is not the case they have worded the report so it looks like we lied to them about our son having a social worker when he doesn't and never has he was only mentioned by our social work team as he is named in our daughters file!
We did not appeal the decision as the social worker who wrote the report basically made us believe that the social work decision was final HOWEVER upon receiving a phone call from the children guardian we were told that this is not the case and that they can request us to be re assessed that we should write to the courts and explain the issues we have.

We are too late to appeal as it has been longer than 28 days and we no longer have the report (our little boy spilled milk on it) so we don't know who to write to. We tried speaking to the socail worker involved but she was out and hasn't called us back. What should we do this is a whole different process for us as we live in Scotland and the girls live in England. We would like to be in court and give our side and state our case but we don't know if that is allowed, would we need to get a solicitor and would we be entitled to legal aid?!
any advice is much appreciated.
Thanks :)

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Suzie, FRG Adviser
Posts: 647
Joined: Thu Jul 28, 2011 11:25 am

Re: Failed viability

Post by Suzie, FRG Adviser » Wed Aug 06, 2014 2:30 pm

Dear fernypops

Welcome to the Family and Friends discussion board. My name is Suzie, one of FRG's online advisers.

I suggest you make urgent contact with the team manager explaining your predicament, for them to send you a duplicate copy of the report. Explain that you wish to be considered to have a 2nd opinion and be assessed by an independent social worker. It would be advisable to follow up your request in writing, asking for a response within seven days. Ensure you keep a copy of the letter you send for your own records.

You may wish to ask for permission to become party to the proceedings, and contact the community legal advice line or a solicitor that accepts legal aid (public funding) for advice about your entitlement to public funding, especially as you are living in Scotland where the law is different.

If it is agreed that you can be joined as a party, you may not require a solicitor and would be classed as a 'litigant in person' where you would represent yourself in these circumstances.

If you have the Children's Guardians contact details, you may be able to get the relevant information from them.

Best Wishes

Suzie

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