Applying to court?

Brenique
Posts: 1
Joined: Sun Aug 21, 2016 9:20 pm

Applying to court?

Postby Brenique » Mon Aug 22, 2016 4:03 pm

Hi everyone,
I've recently had a connected persons fostering assessment & my support worker has now written her report. She is not recommending that my nephew comes to live with me because he doesn't know me very well. He knows who I am but I haven't spent enough time with him in his life. She has put throughout the report that she is confident that I could give him the same level of care as my own children & also put my ability to parent as one of my greatest strengths & many other ways I would be a good carer etc. It is going to the fostering panel next month. Anyway my brother (nephews dad) was in court Friday & said that the judge says I need to apply to court because I have done well throughout assessment & have done everything I've been asked etc but I don't understand what I should be applying for or how to do it or even why when the final decision has not been made yet.

Any advice would be really appreciated as I am confused. Thank you.

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Suzie, FRG Adviser
Posts: 439
Joined: Thu Jul 28, 2011 11:25 am

Re: Applying to court?

Postby Suzie, FRG Adviser » Fri Aug 26, 2016 1:00 pm

Dear Brenique

Welcome to the Family and Friends Carers' Discussion Forum.

I am sorry that you are feeling confused about what you need to do now the judge has asked you to make an application.

As the assessment report is now not recommending you to care for your nephew, you can challenge this decision. This is why the judge has suggested that you make an application. The application you need to make is to be joined as a party to the current care proceedings. To do this, you will need to complete a C2 form you can find this here

Once you make the application the judge will consider whether you should be made a party (which is likely since he/she suggested that you apply) being a party to the proceedings will give you the opportunity to be in the court hearing and to see some documents in the case. You will be able to explain to the judge when asked to do so, why you think you should be granted a special guardianship order for your nephew. I have included a copy of our advice sheet about care proceedings for your information.

You might be asked to consider whether you want to apply for a special guardianship order. I do not know if this has already been suggested to you. A copy of our advice sheet about applying for a special guardianship order is also attached, this will give you more information although as there are care proceedings, the judge can make the order within the care proceedings without the need for you to make a formal application. You may be asked to provide a statement to the court setting out your reasons for challenging the local authority's decision and why placing your nephew in your care would be best for him.

Please read the advice sheets and these will help you to be less confused about the court process.

Should you wish to speak to an adviser, please feel free to telephone our 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 the information helpful.

Best wishes,

Suzie


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