contesting a failed assessment

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ied53
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Re: contesting a failed assessment

Postby ied53 » Thu Oct 08, 2015 8:00 pm

The supervision order is too help with contact and issues that may arise during the settling in period. The sw should visit the same as when they are fostered every 6 to 8 weeks. There may or may not be meetings for you to go to. Often birth parents can try and reestablish "authority" once sw out of the way this helps . Meetings may well be minimal and involve you more than the girls. While routine is very valuable kinship children often rebel if it is "Firm" flexible works better while you all become used to each other. and nothing will happen quickly. You are going to need the "patience of a saint" but it will happen.
Irene
Grandparent carer in Lincolnshire
Tough times never last tough people do

TheMA
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Re: contesting a failed assessment

Postby TheMA » Mon Oct 26, 2015 11:13 am

Hi all,

So we have had the full final hearing and are now just awaiting judgement. Another 3 week wait!!

There was another change of position from the children's guardian mid week of the hearing to suggest a care order with a working agreement for some time which i will then need to apply for a SGO once LA are happy to end the care order, however the LA still have a plan of an SGO with a supervision order + Working agreement. Im worried that the former plan will send the wrong message to mum in the initial phase of the placement as she will still share PR with the LA whilst i will hold none.

Is the right if both the guardian and the LA have a long term plan of a SGO in either plan?

Does this leave opportunity for mum to try and go for return to home if the girls are under a care order and not an SGO?

Thanks

TheMA

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ied53
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Re: contesting a failed assessment

Postby ied53 » Mon Oct 26, 2015 1:29 pm

If the LA are going for a care order it means that although Mum would be consulted by then they make decisions not her. And no she cannot remove the children without permission. Not sure about the working agreement I'm sure someone at FRG will know.
Irene

Grandparent carer in Lincolnshire

Tough times never last tough people do

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Suzie, FRG Adviser
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Re: contesting a failed assessment

Postby Suzie, FRG Adviser » Mon Oct 26, 2015 5:13 pm

Dear TheMA

Thank you for updating us. The court case just seems to go on! I was looking back at your posts and seeing how things have progressed. It is excellent that the children will be coming to you.

Have you been through the working agreement and understand what it expects of you?


Do you know why the guardian wants to local authority to keep parental responsibility? What is she worried about?

Care order with working agreement with you applying for an SGO.

Under this arrangement the local authority will have parental responsibility to make decisions about the children. This included the power to remove them from you into the care of the local authority.

Mum will still have parental responsibility and will be consulted by the local authority and may attend the looked after children meetings when the care plan of the children are considered.

You will not have parental responsibility and you would be classed as a foster carer. As a foster carer you will be paid foster care allowance.

The children would be known as “looked after”. This means that an independent reviewing officer will be reviewing their plan and checking that their needs are met. It will help with accessing support for the children. This might be helpful when they are settling in with you and for longer term support.

This legal situation is a lot more cautious as power remains with the local authority until you apply for a Special guardianship order.

For mum having contact, she would be allowed reasonable contact but as Irene says, I would expect children services to be fully involved in the decision making. If anything the contact plan is likely to be heavily managed by the local authority. Mums contact might be reduced for a while to allow the girls to settle with you.
After about 4 weeks of being placed with you, there will be a looked after children meeting where contact will be one of the things discussed.

In answer to your question, after 6 months of there being a care order, Mum can apply to court to discharge the care order. However, she would have to show that there has been a change in circumstances since the care order was made and that it is in the best interests of the children. This may be very difficult to do after such a short time.
She would not get automatic legal aid to instruct solicitor either.

When you apply for a special guardianship order, she would be a party to the proceedings so would have the opportunity to oppose the application at this stage.


Special guardianship order, Supervision order and working agreement

You would have enhanced parental responsibility and will be making most of the main decisions about the welfare of the children.
Mum will still have parental responsibility.
Children services will no longer have parental responsibility. Their role will be drastically reduced to that of the supervision order and working agreement.
Have you had an assessment for support for the special guardianship order?
Any support such as special guardianship order allowance will be means tested and in the discretion of the local authority.
You should know what support you will be given and this should be set down in a written plan before the court order is made.

If mum wanted the girls to return home, she would need to apply for “leave” or permission from the court to make an application to discharge the Special guardianship order.
She would have to show that there had been a substantial change in circumstances and that it is in the best interests of the girls. The court will look at how likely the person is to succeed in their main application to end the SGO.

Let us know what the court decides.

Best wishes,

Suzie

TheMA
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Joined: Wed Dec 03, 2014 3:14 pm

Re: contesting a failed assessment

Postby TheMA » Fri Nov 13, 2015 8:48 pm

Hi all,

I am delighted to let you know that today the courts granted special guardianship orders for both girls to be placed with me. There is a 12 month supervision order alongside yhe ordrs but i couldnt be happier with the result!

Not only 3 months ago the result really was looking like adoption so yo have this result is just amazing.

So now the transition will begin and within 3 months i will have them.in yheir placement full time and the real hard job will start :)

Thank you all for your kind words of encouragement and advice! I am proof that a litigant in person that doesnt fit the usual profile can overturn gailed assessments!

Thank you all again

A very happy auntie!!!!!!! :)

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ied53
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Re: contesting a failed assessment

Postby ied53 » Sat Nov 14, 2015 5:20 pm

Outstanding , well done woo hoo. :lol:
Irene

Grandparent carer in Lincolnshire

Tough times never last tough people do

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Robin D
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Re: contesting a failed assessment

Postby Robin D » Sun Nov 15, 2015 4:54 pm

That's brilliant news.

Good luck to you all. :D
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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Re: contesting a failed assessment

Postby Suzie, FRG Adviser » Mon Nov 16, 2015 10:43 am

Well done! What good news! Keep posting to let us all know how the transition goes.

Suzie

TheMA
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Joined: Wed Dec 03, 2014 3:14 pm

Re: contesting a failed assessment

Postby TheMA » Thu Sep 08, 2016 1:52 pm

Hi all....

So were 10 months into placement and im pleased to tell you all its working out perfectly :)

The children have settled amazingly well and have established i am the main care giver despite us having la supporting high level of contact with mum, we are already having monthly unsupervised overnights.

We had the 9 month review and the recommendation is no extension to the supervision order and la exits at 12 months.

Some things have been harder than they've needed to be, i didnt change their schools and commuted an hour each way everyday (one being in half the day!) as we are only just moving to suitably sized home (monday eeek!!)

Again thank you all for your advice, encouragement and kind support.

A very happy aunt and 2 nieces xx

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Robin D
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Re: contesting a failed assessment

Postby Robin D » Thu Sep 08, 2016 4:18 pm

Good news and a testament to your tenacity. :D

Good luck with the house move.
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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