In need of Advice

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morphb2003
Posts: 4
Joined: Fri Jan 05, 2018 12:42 pm

In need of Advice

Post by morphb2003 » Tue May 01, 2018 6:33 pm

Hi I'm new to this forum & seeking advice for a family member. My cousins daughter was removed from her care due to a non explained injury, she was placed in a family members care. This has been ongoing for 9 months and there was recentlya court hearing. They were told that solicitors submissions were to be in two weeks ago and the judge would give his written judgement by last week and they would have an opportunity to respond. A further hearing was arranged for today so that the sheriff could give his judgement & directions.
The judgement did not arrive last week, the hearing was cancelled for today with no explanation given to either the solicitors or my relatives.
My relative has contacted everyone that they can to get some explanation but no one is able to assist.
Through my own job I'm often in court dealing with court officials, solicitors and Sheriffs and I've never know a situation where a court hearing hasn't gone ahead without prior notification.
The stress, anxiety & trauma my relatives are having to endure through this process is disgraceful, particularly the complete disregard for their health & wellbeing.
Is there anything that we can do??

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Suzie, FRG Adviser
Posts: 513
Joined: Thu Jul 28, 2011 11:25 am

Re: In need of Advice

Post by Suzie, FRG Adviser » Wed May 02, 2018 1:40 pm

Hi Morphb2003,

Is the case you are referring to is taking place in Scotland? If so, you could contact the Scottish child law centre.

Family Rights Group can only advise about the law in England and Wales.

Best wishes,

Suzie

morphb2003
Posts: 4
Joined: Fri Jan 05, 2018 12:42 pm

Re: In need of Advice

Post by morphb2003 » Wed May 02, 2018 7:46 pm

Hi
This case is taking place in England not Scotland.
Thanks

morphb2003
Posts: 4
Joined: Fri Jan 05, 2018 12:42 pm

Re: In need of Advice

Post by morphb2003 » Thu May 03, 2018 8:02 pm

Hi Suzie
This case is in England & I'm in Scotland. My relative still hasn't heard anything from the Court or the Barrister regarding why no judgement has been given or why the case did not reconvene for decision & direction as arranged. The baby's rep from cafcass is submitting a request to court to try & find out what is happening.
Any advice greatly appreciated.
Thanks
Morphb2003

morphb2003
Posts: 4
Joined: Fri Jan 05, 2018 12:42 pm

Re: In need of Advice

Post by morphb2003 » Sun May 13, 2018 8:04 am

Hi Suzie
Can you offer any advice re my earlier post? We still have no information from any of the relevant bodies regarding when the court will reconvene.
I cannot comprehend the complete disregard being shown to the family by the authorities in this matter.
Surely there must be some regulatory body that can review how this case has been mishandled?

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Suzie, FRG Adviser
Posts: 513
Joined: Thu Jul 28, 2011 11:25 am

Re: In need of Advice

Post by Suzie, FRG Adviser » Wed May 16, 2018 10:25 am

Hi Morphb2003,

I am not sure what is happening either.
Procedures that govern care proceedings are very strict about timetabling of court hearings. This is to try and avoid any unnecessary delay in planning for a child’s future.

I wonder whether the final hearing has taken place and everyone is waiting for a copy of the judgment to be transcribed and then forwarded to the legal representatives. There can be administrative delays in that happening.
If this was the case, the family would know the outcome of the care proceedings.

Or was there a fact finding hearing-that often takes place earlier on in the proceedings –to find facts as to how the injuries were caused? If that was the case, I would have expected there to already be a date for the final hearing and an issues resolution hearing to avoid delay.
Here is an advice sheet about Care (and related) proceedings which outlines the different stages, hearings and possible outcomes.

Your cousin should ask her solicitor who I would certainly expect to know what is happening.

Best wishes,

Suzie

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