reserved thr right to challenge local authority

maricharle
Posts: 60
Joined: Mon Oct 11, 2010 2:06 pm

reserved thr right to challenge local authority

Postby maricharle » Wed Dec 22, 2010 10:33 am

Hi All.
SGO granted on Friday allowing my grandson closure after two and a half years. Now we are able to look forward and enjoy Christmas.

I have however reserved the right to challenge the local authority at a judicial review as I believe they putting budgetary demands before the needs of children like my grandson. My solicitor is going to be asking a barrister to look at the issues we are raising to see if we have a case. My concerns centre around para 6.1 a and 6.2 B of the Govt Regulations which cover prospective special guardians and the needs of a child.

In para 6.1a the Local Authority can consider paying a prospective special guardian an allowance. As the judge in our case stated in Feb 2009 I would get the SGO in Oct or even July if difficult issues around contact could be resolved I am of the opinion I became a special guardian in Feb 2009. The Local Authority however maintain I am a friend and family foster carer as this saves them money. They state a childs needs cannot be considered when placed with a family member until an SGO is granted. To me this is about saving money at the expense of vulnerable children. It's illogical to suggest it costs less to raise the same child with the same needs prior to the granting of an SGO.

Secondly in their policy ratified by cabinet in 2007 they considered clear behavioural needs. In April 2009 they allowed two managers to take these needs out of their policy without taking it back to cabinet for ratification. Now children like my grandson cannot be adequatley assessed as per the Govt Regs Para 6.2 b. The Local Authority have told us in this financicial climate they are constantly reviewing their policy. I do not have a problem with that My problem lies in what I believe to be a substantial deviation from the guidance by taking out a complete needs base and the ethics that allow managers to alter policy ratified by elected representatives without their knowledge.

I am not doing this out of greed it has more to do with principals. If individuals respect the law institutions like Local Authorities cannot be allowed to think they are above it. They use any and all loopholes for their benefit at the expense of those they are meant to represent that is my view aanyway.

I wish you all a merry christmas and all the very best for 2011.

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ied53
Posts: 2100
Joined: Fri Aug 18, 2006 11:26 pm

Re: reserved thr right to challenge local authority

Postby ied53 » Wed Dec 22, 2010 3:33 pm

Good news well done and thank you for standing up for principles

Irene
Irene
Grandparent carer in Lincolnshire
Tough times never last tough people do

youngagain
Posts: 172
Joined: Fri Jan 08, 2010 2:50 pm

Re: reserved thr right to challenge local authority

Postby youngagain » Wed Dec 22, 2010 6:05 pm

Hi, first of all merry christmas to you. We have been battling the L.A.
on similar issues for 3 years i know how you feel, its the principle.

Hopefully 2011 will bring some better news
[:)]



Kate
Posts: 2444
Joined: Tue Oct 18, 2005 5:33 pm

Re: reserved thr right to challenge local authority

Postby Kate » Thu Dec 23, 2010 2:47 am

Congratulations on the SGO [:)] Good for you for continuing to fight for justice. Please keep us posted won't you.

annette9999
Posts: 7
Joined: Mon Nov 29, 2010 5:56 pm

Re: reserved thr right to challenge local authority

Postby annette9999 » Thu Dec 23, 2010 6:54 pm

Hi Im of the same opinion this friends and family business is appauling. Can you advise me what is the SGO order of sort and how do I start the ball rollling Im have now been granted an Interim Care order for my grandaughter, the next court meeting is Feb 14th 11 i have been looking after her for 5 weeks already with nothing no help or provisions, she is runnung out of clothes due to a growth spurt and i dont know what to do or who to ask

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ied53
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Joined: Fri Aug 18, 2006 11:26 pm

Re: reserved thr right to challenge local authority

Postby ied53 » Thu Dec 23, 2010 8:25 pm

You need to read the advice sheet on Special Guardianship Order all the info is there. I don't think the child has been with you long enough for you to apply yet but I am happy with the order


Irene
Irene

Grandparent carer in Lincolnshire

Tough times never last tough people do

LLB
Posts: 541
Joined: Thu Sep 06, 2007 9:10 pm

Re: reserved thr right to challenge local authority

Postby LLB » Mon Dec 27, 2010 4:06 pm

quote:
Originally posted by maricharle

Hi All.
SGO granted on Friday allowing my grandson closure after two and a half years. Now we are able to look forward and enjoy Christmas.

I have however reserved the right to challenge the local authority at a judicial review as I believe they putting budgetary demands before the needs of children like my grandson. My solicitor is going to be asking a barrister to look at the issues we are raising to see if we have a case. My concerns centre around para 6.1 a and 6.2 B of the Govt Regulations which cover prospective special guardians and the needs of a child.

In para 6.1a the Local Authority can consider paying a prospective special guardian an allowance.



First of all congratulations on gaining SGO and I wish you all the best for 2011.

I considered these two paragraphs and fought along these grounds when we were about to take up SGOs but was led to believe that any payment was discretionary.

Ours were fostered by us for at least 8yrs and I refused to budge without a written agreement for financial support before we took up SGOs over 2yrs ago. I hated SS on the scene the whole time but refused to agree to anything until there was a financial agreement.

The only problem now is the parents and them trying to "rewrite history" with the two teenagers we now have! You just have to bear with it and grit your teeth smiling sweetly. These are still your grandchildren's parents despite all and you cannot carry on 'protecting' teenagers like you can small children. I just hope that not many of you will have to suffer this when your grandchildren reach their teenage years.

yogibear
Posts: 67
Joined: Tue Sep 01, 2009 6:23 pm

Re: reserved thr right to challenge local authority

Postby yogibear » Tue Dec 28, 2010 10:33 pm

My crystal ball tells me I will. My thoughts are with you at what must be an incredibly difficult time, though teenagers are a different species all together.......... they will come through this, and remember the truth. xx

Of all the things I've lost. I miss my mind the most.
Of all the things I've lost. I miss my mind the most.

maricharle
Posts: 60
Joined: Mon Oct 11, 2010 2:06 pm

Re: reserved thr right to challenge local authority

Postby maricharle » Wed Dec 29, 2010 2:04 pm

I agree completely with all yogibear has said. Stay strong at this difficult time and remember your relationship with the the children is based on truth and firm foundations. Relationship based on lies are built on sand. It is wrong for social services in particular to help the parents try to re-write history it's wholly unprofessional and can only lead to confusion. Deep down the children know the truth they have lived through it with you. They know you will be there for them it's you they will always turn to for support. My thoughts are with you.

I would be interested in knowing how you approached the financial issues around Para 6.1a and 6.2b. I would also appreciate it if anyone can tell me if they know of a local authority that pays the needs based component as part of the allowance for friend and family foster carers.

My solicitor has now found a barrister to look at the matters we wish to callenge. He will be sending the papers to him after the holidays. I will let you know if he believes we have a case.

Thank you all for your best wishes and support. All the best for 2011.


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