Please help

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LRHM21
Posts: 2
Joined: Mon May 25, 2020 8:16 am

Please help

Post by LRHM21 » Wed May 27, 2020 11:22 am

My nephew has been placed in foster care with an interium care order since birth.
Me and my husband have been assessed to care for our nephew.
My police check & national police check came back all clear whereas my husbands came back with something serious on it, which he absolutely strongly denies.
He rang the police ( information and disclosure) to query this, after they looked into it they came back and said that nothing in this nature is In his police check files.
We told the social worker this and she said he would look Into it but seems quite slow to do this as it's been 2 weeks now since the 1st assessment.
She did say if we can clear up the police check then we would have a strong chance in court to have the care of the baby.
She said she didn't know what type of order they were going for long term and it was up to the courts.
What would happen if she didn't believe us and didn't even look into it at all?
I was wondering if we should get a solicitor?
There are a few other family members come forward too for the care of the baby but social worker has queried some things on there (she can't tell us what)
We asked if we could apply to the court with a C2 form so we could be a party to the proceedings but
She said we didn't need to as she would keep us informed anyway.
If the police check did come back as clear would we be able to request that the baby come to live with us as foster carer while court proceedings are ongoing or would we need to wait it out for the 26 weeks and see what the court decided.
Sorry it's so long I really want to have an understanding.
Last edited by LRHM21 on Tue Jun 02, 2020 8:06 am, edited 1 time in total.

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Robin D
Posts: 1907
Joined: Sat Aug 21, 2004 12:58 pm

Re: Police check help

Post by Robin D » Wed May 27, 2020 4:52 pm

I would not wait. First of all you formally write to the police querying the information provided. Copy in the chief constable and point out that the courts will be looking to move very quickly.

I would ignore the social worker and apply in your own right to become party. Just speak to the court office. There is a fee, but you then get to see everything. It's common for SW to take that line. It's possibly more inconvenient to them have someone looking over the shoulder.

You can, and possibly should speak to a solicitor. The first half hour is free. Make sure the solicitor you get is on the children panel. Go to https://solicitors.lawsociety.org.uk/?Pro=True put in your post code, family law as the first area of practice, and children as the second.
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.

LRHM21
Posts: 2
Joined: Mon May 25, 2020 8:16 am

Re: Police check help

Post by LRHM21 » Fri May 29, 2020 4:37 pm

Thank you
She said she would look into it this week so we have tried to contact her today numerous time and shes not answering.
I'm aware that they are busy but this is my nephew and I will do all I can for my family.
Feeling very frustrated right now.

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Suzie, FRG Adviser
Posts: 662
Joined: Thu Jul 28, 2011 11:25 am

Re: Please help

Post by Suzie, FRG Adviser » Wed Jun 10, 2020 5:20 pm

LRHM21 wrote:
Wed May 27, 2020 11:22 am
My nephew has been placed in foster care with an interium care order since birth.
Me and my husband have been assessed to care for our nephew.
My police check & national police check came back all clear whereas my husbands came back with something serious on it, which he absolutely strongly denies.
He rang the police ( information and disclosure) to query this, after they looked into it they came back and said that nothing in this nature is In his police check files.
We told the social worker this and she said he would look Into it but seems quite slow to do this as it's been 2 weeks now since the 1st assessment.
She did say if we can clear up the police check then we would have a strong chance in court to have the care of the baby.
She said she didn't know what type of order they were going for long term and it was up to the courts.
What would happen if she didn't believe us and didn't even look into it at all?
I was wondering if we should get a solicitor?
There are a few other family members come forward too for the care of the baby but social worker has queried some things on there (she can't tell us what)
We asked if we could apply to the court with a C2 form so we could be a party to the proceedings but
She said we didn't need to as she would keep us informed anyway.
If the police check did come back as clear would we be able to request that the baby come to live with us as foster carer while court proceedings are ongoing or would we need to wait it out for the 26 weeks and see what the court decided.
Sorry it's so long I really want to have an understanding.
Dear LRMH21

Thank you for posting and welcome to the family and friends carers discussion forum.

I see from your post that you and your husband have had a viability assessment to care for your nephew. The assessment was positive. However, it appears that there was an error in the information provided by police checks relating to your husband. He contacted the police who confirmed that their check is clear and you have now passed this information to the social worker. Although the social has said she will look into it at the time of your post (2 weeks) this had not yet happened. I hope this issue has been resolved and your further assessment has now started.

If not, I think it is important for you and your husband to be proactive so, if possible, get written confirmation from the police regarding your husband’s records. You can then pass it on to the social worker.

I find it difficult to understand why the social worker would say she does not know the order they will be seeking. They have applied for a care order and always do what is called twin track planning which means the parents are assessed, family members who are put forward on both sides to be assessed. If no one is found suitable then, with a baby, adoption would be the alternative. This means that if the court grants a final care order, then children’s services would apply for a placement order for adoption if no family member or friend has been assessed to look after the baby long term. Family members can care for a child subject to a care order as foster carers. Alternatively, under a special guardianship (preferable for young children) or in some cases as adopters. It is correct that the final decision will be for the judge to make but children’s services have to put forward their care plan for long term care for the court to consider. Children's services may be waiting to see the outcome of the various assessments but should still be considering twin track planning.

At this stage, applying for party status, would be premature since your assessment has not yet been completed. Should you have a negative assessment then, perhaps would be the time to apply to the court to be joined as parties as you may wish to challenge that decision.

You could ask for your nephew to be placed with you but children’s services may not want to do this until your assessment is completed because if negative it would mean the baby being moved again. It would not be in his interests to have multiple moves. If you have a positive assessment it would be more appropriate to consider a move at that stage depending on the care plan children’s service put forward to the court.

I suggest you read our advice sheets Care (and related) proceedings, Family and Friends Care: becoming a foster carer and DIY Special Guardianship Orders - information for family and friends carers for more information.

Should you wish to speak to an adviser, please telephone our advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday (except Bank Holidays).

I hope this is helpful.

Best wishes

Suzie

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