where do i go now so frustrated

[nanasbutterflys]

Been caring for my grandchild for 6 months,, s/w involved in her life as she was removed from previous carer. Her father and myself have been assessed I had positive viability assessment while dad not so positive. Local authourity wanted us to have a ro order. Dad opposed as he wanted to care for child or share care. We were instructed to have further assesments of myself and father by an independent sw. Once again ours was positive and father not he spent most of the time bad mouthing myself through assessment. Local authourity had said they were goin to apply for an sgo order weve had medicals etc already. We arrived back at court and they were trying to force me to take a child arrangments order which I refused as of yet ive had no legal advice. things are very difficult with birth father and he has stated he wants nothing to do with us. Im looking to seek advice on a sgo order now and whether this will be the best path. Father is also currently at this time having supervised access. It just feels as if grandparents are always the left last in decisions and no matter how many positives they get and negatives a parent will have they always have the biggest say.

[nanasbutterflys]

Could someone tell me the difference between a care arrangments order is and what it involves,a kinship order, sgo order. right now I have my granddaughter here and im being paid as a connect persons 16 weeks temporary

[Suzie, FRG Adviser]

Dear nanasbutterflys

Welcome to Family Rights Group Family and Friends Discussion Forum.

My name is Suzie and I am an Adviser at Family Rights Group.

I am sorry that you are feeling so frustrated by the court process regarding your grandchild at the moment.

It is really great that you have had positive assessments to care for your grandchild as it is always best for children to be placed with family members where they are not able to live with their parents.

Your frustration is shared by other grandparents and family carers in similar circumstances. However, Children Services have to consider the parents when planning for children’s permanent placements. They must ensure that they are properly assessed before they are ruled out as carers for the child or children.

In your case you have a positive assessment and it appears that you want to have a Special Guardianship Order for your grandchild. If this is your preferred option then it is right that you should insist on having that Order. As a Special Guardian you will be in a much stronger position to make decisions for your grandchild. Although the child’s parent would retain the parental responsibility they have for the child, you will be able to exercise your parental responsibility over and above theirs.

It appears that you are already been assessed for a Special Guardianship Order so once the assessment is complete, you should ask Children Services to pay for you to have advice from a solicitor regarding the report and the support package that is being offered to you. I am including here a copy of our advice sheet which will give you information about the support you can expect as a family and friends carer.

As the father is having supervised contact at present this is something that will have to be considered in relation to future contact and how it will supervised and the level of contact. You should ensure that contact is manageable your grandchild and for you. It may be the Children Services may remain involved for a period of time even if a Special Guardianship Order is made. Their involvement would be under a Supervision Order which could be for a period of 6 months to a year. This might be helpful if the father is difficult.

To help you understand what it means for the birth parents when a Special Guardianship Order is made, our advice sheet is here for your information. A copy of our advice sheet relating to care proceedings is also included so you can have a better idea of the court process and how you as a grandparent caring for the child fit in.

Despite the frustration, what you are doing is important for your grandchild, so keep going.

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

I hope you will find this information help.

Best wishes,

Suzie

[Suzie, FRG Adviser]

Dear nanabutterflys

Just to clarify the difference between Child Arrangement Order and a Special Guardianship Order.
It appears the post that there was an issue with the response posted earlier which I have re-posted.

CHILD ARRANGEMENT ORDER is the new name for what was a Residence Order. It gives parental responsibility to the holder of the order equally with the birth parents (if father has parental responsibility). A child can be taken out of the country for 28 days e.g. on holiday. Parents are consulted and their views taken into account. It would be easier to apply to discharge a Child Arrangement Order.

SPECIAL GUARDIANSHIP ORDER also gives parental responsibility but this can be exercised over and above that of the parents. A child can be taken out of the country for 3 months.

In both case if a family member or friend has one of these order they will be referred to as kinship carer or a connected person. The difference in terminology is because different local authorities apply different names e.g. family and friends carers, kinship carer or family friend and connected persons.

I hope this, along with the lengthier post clarifies the position for you.

Best wishes,

Suzie

[nanasbutterflys]

Really annoyed just received call from sw telling me that I need to go for a child arrangement, instead of a sgo. Feel really fed up and feel like im being bullied into something. Told them I need legal advice before I make a decision.

[nanasbutterflys]

Also sw saying money they have paid to me which they only started a month ago is being recalled as it was paid in error. So i get the impression we are not suppose to have any money until we agree to what they want us to have. Can tgey do this

[nanasbutterflys]

My grandchild is a loked after child.I don't as yet have an order for her as the first time we went to court in feb they wanted me to have child arrangement order and dad opposed it,, so we had further assessments with an independent social worker and again ours was positive and they have decided my gc will live with us. They sent me a letterfor my bank details in April and then in may they paid me a amount which I assumed was back pay for the weeks ive had her and then was paying me weekly as a connected persons payment. which they are now saying is all an error and they need to recall the money. I feel they want me to go for a cao so they can pass it over to another local authourity as quick as pssible and because dad has caused so much difficulty along the way.

[Suzie, FRG Adviser]

Dear nanasbutterflys,

I am sorry to hear about children services chopping and changing their plans in respect of your family. I don’t think it is very fair.

Whether you are paid foster care allowance depends on the legal status of your grandchild.
Until you get a private law order (special guardianship order or child arrangements order) then the legal situation will either be:
• looked after
• or a private arrangement.

Looked after

If your grandchild is a “looked after” child the local authority are under a duty to pay you foster care allowance. This would be backdated to the date she was placed with you. This is what appears to have been happening. Why are they back tracking?

Are children services agreeing with you that your grandchild is looked after?

If there is a care order (or interim)-then there will be no doubt-she will be a looked after child.

If there is no order it will; depend on what happened when your grand daughter was placed with you. If a social worker was involved in arranging for your grandchild to live with you, it will be a looked after placement unless you agreed something different at the time of the placement.

Private arrangement
If there was no children service involvement at the time that your grandchild came to you then it is most likely to be a private arrangement. Any support that is paid to you would be under section 17 Children Act and discretionary.

Our advice sheet about support for friends and family carers sets out the different legal positions.

Also look at the LGO’s report- Family Values
-it sets out the law and how many local authorities have made errors around financially supporting friends and family carers.


As you have already started with the special guardianship application, as I suggested before, I think you should continue with it.

In respect of paying back the monies, you could challenge this via children services complaints. These monies were paid to you as your grandchild was placed with under regulation 24 and Schedule 4 of the Care Planning, Placement and Case Review Regulations 2010 and you have been undergoing a fostering assessment.
See our advice sheet about complaints .

As Irene has mentioned, you should seek legal advice or call our advice line to discuss in depth.

Best wishes,

Suzie

[nanasbutterflys]

hi thanks for replying my grandchild is under a section 20 with supervision from the local authourity.. My first assessment was a schedule 4, placement of a child with a connected person. Then I had another assessment done by a independent sw which again was positive. They have stopped payments now but I have an appointment finally which they've agreed to fund with a solicitor on Friday.

[nanasbutterflys]

Thank you for replying. The update now is that ss are supporting us to have a sgo plan now with a year supervision order to help with contacts. They have still not paying us as they are now saying it was a private arrangement which is there way of tryin to get out of it. We disagree as it was them who placed here wth us and was doin assesments and visiting my grandchild so how are theynot involved and how is my grandchild not a looked after child whilst she is now under a interm supervision care order from the la. Not goin to sit back and let them treat us this way as if she was in fc it would have coat them more