negitive sgo assessment

[grandmother3]

I was negative in my sgo assessment.As in LA opinion they don't think that I will be able to manage my daughter if she kicks off..As I am my daughters support.
my three grandchildren where taken into protected custody after the oldest boy told his teacher
that his mum had been hitting him and he was scared..
My granddaughters dad put forward a family member of his to be assessed for sgo which is positive..
I was the only person being assessed for the two boys.
Now I have failed what can I do ?
There is no-one else. I cant see them in care, they plan to have youngest adopted.
Ive said that I will do anything I can to protect my grandsons but LA are not having it.
What else can I do, final hearing is in December.

[Suzie, FRG Adviser]

Dear G****,

Welcome to the Friends and Family Forum.

I am sorry that the assessment for the special guardianship order was negative. You must be very worried about what is going to happen.

What you can do now

My main concern is that you have very little time left. Anything you do now has to be done urgently-in the next couple of days, if possible. Even then it might be too late. You will be asking for an assessment by an independent social worker which is likely to mean that you are asking for the final hearing to be delayed-which can only happen in exceptional circumstances.
Why has it all happened so late? Had there been delay at the beginning? Have others been assessed and they did not pass and you were assessed late?

To challenge I suggest you do the following:

First, have you been through the report paragraph by paragraph and challenged the social workers view in writing?

So if it says that you cannot protect the children from mum, have you set out how you can? So for example, set out all the different scenarios that mum might present-and how you would deal with them. Have you protected the children in the past from mum? Give all the scenarios that have occurred.
You say that you are your daughter’s only support. However, if the boys were placed with you then you would not be able to do both because of the risks of mum to the boys.
Set out how you would be separating yourself from your daughter and suggest how she can access the support that she needs.

Second, you will need to urgently apply to court:
• To ask to become a party. The local authority, mum, dad and the children-(by a children’s CAFCASS guardian) are already parties.


• For a court order that you are re-assessed by an independent social worker on the basis of the errors in the first report and on the law that adoption is the last resort and only if nothing else will do.
You could set everything out in a letter a letter to the judge and send a copy of the letter to all the parties. Or you can also apply on a C2 application form.

Contact all the other parties by telephone as well. In particular, find out what the guardian thinks and let her know why you disagree with the social workers assessment of you. The guardian may also be able to recommend an independent social worker.


Everything will be much easier if you have a solicitor acting for you. If you do not have a solicitor, you can find one who specialises in children law at the the law society –find a solicitor .


You may also be able to get legal aid depending on your means and the merit of your case. To work out if you qualify for legal aid and get free legal advice if you qualify you could telephone the civil legal advice line on 0345 345 4345.

If you don’t qualify for legal aid, can you afford to instruct a solicitor privately? You might be able to get free one off advice as well.

Finally, you say that there is no one else who could look after the boys. Have you considered all possible family and friends? Even distant relatives who you might not have seen for years or even those who live abroad?
If there could anyone, then get in touch with them and ask that they urgently contact the local authority and the court and ask to be assessed.

Please also post back with any questions or if you need further advice. Also consider contacting our advice line on 0808 801 0366.

Best wishes,

Suzie

[grandmother3]

Thank you for your quick reply..
Everything is so confusing.

I have just received an email from LA solicitors to say that there is an urgent hearing
listed for tomorrow regarding the case..
Have tried calling the guardian and s/worker but no answer.

Thank you

[Suzie, FRG Adviser]

Hi grandmother3,

You could contact the lawyer and ask why it has been set down for a hearing? Or you could get in touch with mums solicitors?
You should also attend the hearing tomorrow. It might be the last opportunity for you to make your applications to be joined as a party to the proceedings and to ask for a re assessment to be done by an independent social worker.

Have you tried to get your own solicitor? You could discuss with the other parties about you having time to seek legal advice. They might be prepared to adjourn the court appointment.

But if they do not agree, then you should be prepared to make the applications to the judge tomorrow. Do not be put off in doing that.
Go though the assessment before you go to court tomorrow so that you are prepared. You could also prepare a short written statement setting out what the assessment might have missed.
Best wishes,

Suzie

[grandmother3]

Hi Suzie
Ive been to the final hearing this week. My eldest grandsons perternalgrandmother was awarded
a sgo for him. A relief in some ways.Which just leaves the younger two.
Its been very complicated.

A relative on the fathers side of my granddaughter had a positive sgo assessment, only to withdraw.

In court it was concluded that there was no concerns in my ability to care just ability to keep safe
My daughters solicitors was acting for me with my daughters consent as she was not applying for herself but for the children to be placed with me.

She was very good and put many holes in the sgo assessment of myself
The la and guardian then said that there was a gap in the assessment, as the assessor didn't go through the concerns with me.
They asked for an isw to plug the gap?
The judge asked how they came to conclusion that I didn't have insight or was unable to safeguard children.
She refused isw for time reasons but has given me a chance to show that I can keep children safe.
I have till 21st of April to submit a statement with final adjourned hearing on 27th.

My daughters solicitor cannot help me now in case of conflicting evidence.
I feel I can do this as I have omly told the truth. I wondered if when ive written the statement
I could show someone to make sure what ive written is right .
This is my last chance and I don't want to lose just because I had written it wrong.

[LISALOU68]

I am sure FRG legal advisors can help you ring the advice line on Monday and/or you could try the grandparents association
I know how your feeling I had a negative SGO assessment which the LA did not give me a copy of until 10 minutes before the final hearing! The report cast doubts on my parenting capacity as my daughter had been a youth offender as a teenager and my son has has a mental health problem since age 19 but does not live with me.
The judge said he had read the report and his only concern was that the recommended contact of 6 times a year was not enough. He said he finds me very capable and well able to meet the needs needs of the children after reading the excellent school reports of the children (they had already been living with me 14 months) so I did get the SGO.
Good luck with your application and get some advice asap.
Lisa