New user - case conference

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David Roth
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Joined: Thu Aug 10, 2006 10:14 am

Re: New user - case conference

Postby David Roth » Wed Nov 14, 2012 2:29 pm

If you want to make sure that your views about the diagnosis of your daughter being mistaken were being considered by the court, then you could consider asking to be joined as a party to the proceedings, so that you would automatically be present at all hearings and receive all the court papers. This may not be agreed however if you are not likely to be directly involved in the outcome for the child.

Alternatively, you could meet jointly with your daughter and her solicitor, and explain your concerns, so that he can arrange for this to be represented in court as your daughter's instructions to her legal representation there.

It might help if yo uwere able to identify someone with more expertise and experience in your daughter's condition than the expert who carried out the assessment.
David Roth
FRG Policy Adviser

sasha
Posts: 45
Joined: Wed Aug 01, 2012 1:11 am

Re: New user - case conference

Postby sasha » Thu Dec 06, 2012 2:57 am

Hi David,
Firstly my sincere apologies for not responding to your last post. I had not had eaten since lunchtime the day of my last post and was rushed into hospital on the morning of the 14th. They admitted me and kept me in for a week on an intravenous drip and anitbiotics for a serious condition but thankfully, it isn't my heart. I am awaiting a date for surgery!
Whilst all that is going on the SW hijacked my daughter after contact to get her to sign the contact agreement (without her advocate being present) which left my daughter in quite a state because she was also due in court that day for the case and was concerned when I was unable to answer my telephone.(I didn;t want her to know of my condition until after the court hearing as I knew it would be too upsetting for her).
The day I was discharged she eceived a letter by Recorded Delivery which advised her with immediate effect that the contact times and days would be reduced with no explanation. I now know(only today) the reason for this is because they have made their minds up of what they intend to file at court I believe next week, is to have my GS adopted!!!
My daughter was so frustrated with the poor communication from her solicitor she asked me to help her compile a letter of complaint to the firm involved and to cut a long story short, they have said find another solicitor.
We had also always intended to complain about the SW's onvolved and the treatment received from their department and we did that letter at the same time. The Director of Childrren's Services has responded vis their complaints team that they are unable to deal with the complaint whilst the matter is before the courts.
So, this leaves my daughter in a very vulnerable position with no legal counsel, the SW hijacking her at anytime they feel like it and we can't do a damn thing about it.
I tried to make contact several times with the SW yesterday and she finally got back to me at 5pm asking to meet with me in my home today/tomorrow. What she wants to discuss with me, my daughter is not aware of and I have told my daughter about the meeting, and that I am going into their offices to see her.
The SW's seem to think they can use me as their pawn between them and my daughter and they will most definately come unstuck. My daughter are united in this matter and will not be torn apart by their tactics.
It is quite apparent that they will not permit the judge to agree to a second opinion and we are seeking advice from another law firm tomorrow but the whole handling of this case has been a serious mess from start to date and if I can prevent this happening to anyone else my time won't have been wasted.
I have managed to speak to the guardian for my GS (again late this evening) because she forgot to take her work phone with her to work today would you believe? and she has said that she is happy for my daughter to meet the Adoptive parents and have a say in what type of family she would like her son to go to - WOW! Is that meant to be a bonus for us?
On top of this mess, last week my GS was symptomatic of a cold with sneezes and snuffles but the FC didn't seek medical attention for him until Monday this week when they said they hadn't got a hospital bed and sent him home (to the FC's) with antibiotics and therefore contact has been cancelled on a daily basis. However, as my daughter heard nothing from anyone this morning she made her way to contact, only to find out by her telephoning enroute that contact had been cancelled for the whole week. My GS was also due his jabs yesterday but it was my daughter who cancelled that appointment explaining the reasons why, nobody else had bothered and neither have they kept her informed of his progress.
I asked the SW yesterday why it took so long for the FC to seek medical advise and her response was and I quote "we can ask her that next week at the LACC review hearing"..........
Says it all really.
For anyone going through similar proceedings - stay strong, don't give up and fight your corner.
There are some good FC's out there but we unfortunately drew the short straw where that's concerned but I will make damn sure she doesn't get another new born baby in her care.
I make no apologies for the rant this morning - I am preparing myself for the Rottweillers tomorrow.

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Help 1870
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Joined: Mon Jan 15, 2007 9:54 am

Re: New user - case conference

Postby Help 1870 » Sat Dec 08, 2012 12:33 pm

I have mentioned this before but I will mention it again.

I really do think that there could be reason here to involve the Official Solicitor.

The role of the Official Solicitor is to protect the interests of vulnerable adults and children either due to their age or mental capacity. It seems your daughter might fit into the latter category.

Before you rule it out have a read as to what the OS can and cant do.

http://www.justice.gov.uk/about/ospt

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David Roth
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Re: New user - case conference

Postby David Roth » Mon Dec 10, 2012 11:50 am

Sasha, I am very sorry to hear about your own health problems. I hope your treatment goes well.

Help has made an excellent suggestion, and one you should seriously consider.
David Roth
FRG Policy Adviser

sasha
Posts: 45
Joined: Wed Aug 01, 2012 1:11 am

Re: New user - case conference

Postby sasha » Mon Dec 10, 2012 11:44 pm

Hello Help & David,
I have previously spoken to the court guardian for my GS to try to establish if this was available and she felt that as my daughter understands what the proceedings are about (her son's welfare/care etc) that it is not necessary for an OS to be involved.
I have read the thread indicated and will contact them myself tomorrow for guidance, thank you.
We have received the response from her 'old' solicitor by email today and they have managed to twist most of the complaint to suit their business, but I didn't expect anything else really,
We have visited a 'new' solicitor who has identified that the recent so called parent assessment carried out on my daughters partner is certainly unacceptable and not in a format that the courts would accept. Also, that as no one from S.S has contacted my daughter in respect to her sons health during the past 7 days and that no contact has taken place in excess of a week, they have failed to advise the courts and this will be dealt with in court on Wed as we have requested an emergency hearing due to the contact arrangements having been changed without consent 3 weeks ago. The solicitor will raise the relevant concerns we have discussed today and hopefully, this will ease some of the trauma my daughter is experiencing right now.
The new solicitor is also requesting via the courts, an independent SW to be appointed to carry out the full parenting assessment and to extend the court case to take this into account. It can't be guaranteed that this will be accepted but at least my daughter and I feel that someone is finally listening and will try to address some of our concerns.
This may not change the outcome, but at least my daughter will know that she has done everything within her power to fight for her son.
We have a 'Statutory' LACC review tomorrow also to attend and I will be very interested to hear the FC's comments on my GS care.
I will see what information the OS dept provide tomorrow and will keep you posted.
Sincerely appreciate your support guys, thank you.
Sasha

sasha
Posts: 45
Joined: Wed Aug 01, 2012 1:11 am

Re: New user - case conference

Postby sasha » Thu Jan 17, 2013 1:36 am

It has been some time since I have posted here because the situation has been a fraught one over the festive period. Contact was reduced to 3 days a week prior to Christmas which has not been maintained by the authorities for one reason or another and because the S.S are continuing their application for the permanent residency, the courts have agreed for it to remain at 3 days and the duration has been reduced to 2 hours for my daughter and my husband and I are allowed once a week for 1 hour.

My husband and I have not been able to visit on our contact days since Christmas Eve due to ill health but will see our GS tomorrow which I am really looking forward to.

My daughter has received a report from the adoption agency (via post direct to her home address) which states that my GS was examined mid December (which my daughter knew nothing about) and apparently he has 'Torticollis' and the FC was given advice as to how to handle him. However, NO information has been shared with my daughter regarding this and we remain exasperated on the handling of this matter by officials involved.

During the LAC review in December matters concerning the communications book were raised and the chair person has stated that the FC is under no pressure to contribute to this and the facility has been removed. I find this totally unacceptable as we have struggled to gain information from the FC from the start. We have asked on numerous occasions for the FC to clip my GS finger nails as he has caused damage to his mouth to make it bleed, apart from other marks and the FC replies "if I get time", "I'm too busy" etc and these have been written in the book. When raising this with the authorities they seem to fall on deaf ears. I have asked the FC to provide information as to how my GS is during a typical week-end, what they do together and her response is " a baby does what babies do, eat, sleep and have nappies changed". Am I asking too much? Is this not information any GM would like to know? Her attitude to any contact information is appalling and has been noted by the contact workers who collect him and return him to the FC for contact to take place but they won't commit themselves to assist us with our complaint!!!

The LAC review also provided a form to my daughter for her to complete regarding the adoption process, to provide information about her childhood for it to be placed on my GS adoption file. I understand they operate a dual processing system but I strongly disagree with a permanent solution becoming available for a temporary problem.

My daughters' solicitor has sent the relevant paperwork to the Psychiatrist to attend the Final Resolution Hearing next month to answer questions and I have asked if I can attend to provide support and to answer questions, should they feel it will help. My daughters solicitor has asked if I would draft a statement up and let her have it ASAP to go over its contents and I would appreciate your assistance as to what type of information might be helpful to highlight to the judge why I feel my daughter is not being given the opportunity to raise her son, with support if necessary?

They, (SW'S and court guardian) have reported that my daughter still continues to ignore her mental health which is totally fabricated information. We have persued several lines of medical assistance for my daughter and her GP has supported this in a letter to her solicitor.

Having read through the contact reports there is only one occasion whereby they have eggagerated one incident that my daughter may have over fed my GS, this I believe has been blown out of proportion by the FC because (they, the FC's) were feeding him a larger amount to that of what they were signing for within the feed diary, photo copies have been kept of all entries including an entry by the FC that my daughter had fed her son on a date and time when quite clearly, her son was on holiday with the FC's. There is nothing to substantiate that my dasughter would harm her son what so ever and I vehemently disagree with the accusation of such an allegation. This will be at the cost her her son for the next 18 years or more and I totally disagree with a system which works in this manner.

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Suzie, FRG Adviser
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Re: New user - case conference

Postby Suzie, FRG Adviser » Fri Jan 18, 2013 1:54 pm

Hi Sasha

I just wanted to give you a brief response, as you are in the process of drafting your evidence for the court.

In the first place I would ask your daughter's solicitor to provide you with a format that includes specific headings, he thinks would be useful areas for you to address, in your statement to the court.

This information would be in addition to the specific concerns you raise about the assessment process of your daughter's parenting, foster placement, contact, routines, food diary and your response to the Local Authority concerns and their care plan for your grandchild, many of which you have stated (in detail) on your posts to this discussion board.

This would allow the solicitor to advise how much detail they require, for instance whether they are looking for a brief overview of 1 - 2 pages, or a detailed statement containing all relevant events (from your perspective), over the past few months.

Sorry not to be more specific, but the solicitor (even though they are not representing you), would be best placed to advise you about how your input would best support your daughter at this time. They have all the facts, and will be fully aware of the main legal arguments in the court case.

I hope this helps.

Best Wishes


Suzie

sasha
Posts: 45
Joined: Wed Aug 01, 2012 1:11 am

Re: New user - case conference

Postby sasha » Sat Jan 19, 2013 12:07 am

Hi Suzie,
Thank you for dropping in.
I have contacted my daughters solicitor as suggested and await their reply.
In the meantime, I have started to draft something up based on the report being submitted by the court guardian and will amend as appropriate when a response is received from the solicitor.

I am conscious that time is of the essence here.

However, some good news received yesterday. My daughter has been offered an interview at a residential centre next week. Not sure what will be decided from that but it gives us a little hope. Albeit, the court guardian and the local authority will be against the idea.

Thanks again.

Sasha

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David Roth
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Joined: Thu Aug 10, 2006 10:14 am

Re: New user - case conference

Postby David Roth » Mon Jan 21, 2013 11:52 am

Hi Sasha

The issue of the foster carer's attitude towards your daughter does need to be addressed. Foster carers are supposed to encourage and support positive contact getween a looked after child and their parents and wider family. The Fostering Services Statutory Guidance states this in para. 3.27: "Subject to the child’s care plan, foster carers and fostering service staff must help to promote, support and encourage children to maintain positive and constructive contact with their parents and wider family, friends and others who are important to them." http://media.education.gov.uk/assets/fi ... idance.pdf

The Care Planning, Placement and Case Review Regulations & Guidance 2010 also expect carers to work positively with parents: "A.14 Most children return home from care or voluntary arrangements to birth parents and support for those relationships while the child is in care or being provided with accommodation is key to a successful return home. It is important that a child has a sense of emotional permanence through a positive attachment to an adult carer, even if s/he is no longer living with them. Even where a return home is not planned and the child is not being adopted into a permanent new family, enabling the child to have a positive view of birth parents to take with him/her into his/her adult relationships is an important developmental and emotional task. This will require skilled work from the social worker and carers"

Also: "A4 The effective health care that most parents provide for their children is related to their intimate daily contact with them, and is generally learned by experience. Because they know the child so well most parents are aware of the significance of small changes in appearance or behaviour in the context of the child’s health history, and can take appropriate action immediately. This is why placement stability is so closely linked to healthy development. When a child is looked after by a local authority these responsibilities pass in full or in part to a public body, and a number of problems have the potential to arise. First, there is the problem of knowledge, both factual and intuitive, about the child’s medical history and normal state. Then there is the division of responsibility between social worker and foster carer or residential social worker. This makes the effective sharing of relevant and appropriate information important" (my emphasis).

The Care Planning Regs & Guidance are here: https://www.education.gov.uk/publicatio ... 5-2010.pdf

It may be helpful to draw attention to these expectations in your complaint.
David Roth
FRG Policy Adviser

sasha
Posts: 45
Joined: Wed Aug 01, 2012 1:11 am

Re: New user - case conference

Postby sasha » Tue Jan 22, 2013 3:31 am

Hello David,
I have read and re-read your post to try to absorb its contents and have gone to the links suggested. I am reading the links gradually this evening, but as you can see by my response it has taken me into the early hours :)
I have raised several points within our complaint letter but the response we appear to be receiving is that whilst the matter remains 'in court' they are unable to respond to those issues. In respect to the FC's attitude, who do you advise we should be contacting? Would this be through their link worker, the usual complaints team or another local authorities body?

I do have concerns on who has access to our medical information and its usage. You have highlighted a very valid point as to the factual and intuitive. I am also concerned to read in the Children's Act that their are policies laid down which SW's should be aware of, that there will of course naturally, be occasions when decisions have to be made for our GS's best interest and these should have been ironed out at the commencement of the proceedings and stated clearly in his careplan, however, this hasn't been the case. In particular, his innoculations. This has been an upward struggle to discuss when it could quite easily have been agreed early on.
Once again contact has been cancelled due to the severe weather conditions, but I guess that is to be expected but will be closely monitored.

I am due to meet with my daughters solicitor shortly to discuss case update and I hope to have a better understanding of where we are and the likely outcome.

I must re-charge and will return to the links tomrrow.

Thank you so much David for once again returning to my dilemma, it is appreciated.
Sasha


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