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