Coming in at last minute?

[Mammanenna]

Hi all.
My mum was assessed to care for my nephew on an sgo.
Today was the court date and i believe it was adjourned and adoption paperwork is to be completed by ss.
Yesterday we heard that the manager would not sign off on the sgo.
Today we learnt that based on my brother (fictional) recollection of his childhood there was no chance my mum would be successful. My question is, at this late stage, can i be assessed?

[Mammanenna]

Hi.
The reasons where due to my brother recollection of his childhood.
Its all fictional as he suffers from drug induced psychosis, which the social services are aware of.
I signed at the beginning to say that i would be assessed but due to some issues with my daughter i felt it best if my mum went forward as there is no reason for her to have a negative assessment, and i pulled out. I never thought in the slightest that this would happen. It wasnt an easy decision non the less. The sw was extremely positive about it all and even up until tues was practically saying " hes yours if you want him". And then yesterday dropped this bombshell!
How would i go about applying? As i said it was supposed to be the final court hearing today but as there is no other person for the sgo. The only option is for an adoption order!

[Mammanenna]

Will i need to pay for the legal side myself now? Have i missed the boat on it?
If i do then ill never be able to afford it!
Am i in the legal arena in time for the ss to take care of it all?

[Mammanenna]

The reason given are due to his childhood and upbringing. The guardian wont sign off and neither will the se manager.
The case has be adjourned. There were no other people being assessed so I presume it was adjourned so that an adoption plan could be written up.

[Suzie, FRG Adviser]

Dear Mammanenna,

I am sorry to hear that your mothers application for a special guardianship order (SGO) may no longer be supported by children services due to new allegations from your brother about his upbringing.

The final hearing has been adjourned. How long has it been adjourned for and what are the reasons? What does the local authority intend to do during this adjournment?

I agree with Irenes suggestions:
What is your mother doing about this new evidence? Is she countering his allegations? Maybe the adjournment is so that she can be further assessed. Your mother needs to find out what the position is and whether she can challenge what your brother has belatedly said.

What is the CAFASS guardian saying?

Has your mother instructed a solicitor? If not, she could consider doing this urgently now so that she could consider what she can do.

Your options as aunt:

I suggest you urgently contact both the social worker(in writing -such as an email) and the guardian and explain that you want to be urgently assessed as a carer for your nephew. Ask them to confirm whether they agree to your assessment? What are their views?
If children services do not have the capacity to to assess you urgently, what about an independent social worker assessing you?
Go to the next court hearing.

You need to also consider making an urgent court application into the care proceedings to ask that you be:
1)joined as a party to the proceedings
2) that you are assessed-to see whether you could be a long term carer for your nephew.

It is very late in the day to ask to be assessed.
However, this legal case considered the occasions when it is right to extend the court time table. Re: S (a child)[2014]EWCC B44(fam) the Judge considered when the 26 week court timetable could be extended under s32(5). He says that when “something unexpectedly emerges to change the nature of the proceedings too late in the day to enable the case to be concluded justly within 26 weeks.  Examples which come to mind are (a) cases proceeding on allegations of neglect or emotional harm where allegations of sexual abuse subsequently surface, (b) cases which are unexpectedly 'derailed' because of the death, serious illness or imprisonment of the proposed carer, and (c) cases where a realistic alternative family carer emerges late in the day.”

Get urgent legal advice from a children law solicitor. Please see the Law society-find a solicitor.

Or you could call our advice line on 0808 801 0366 to discuss in depth.

Best wishes,
Suzie

[Mammanenna]

Thank you very much for your detailed reply.
My mums legal representation was never made known to her and she has had NO conatct with them. The ss were very reluctant to provide any information.
I have contacted the sw on the case and requested that i be assessed.
I unfortunately dont have the finances to seek any legal advice.
The information regarding my brothers upbringing have been "backed up" by his medical report which states she was struggling to parent him. Had they cross referenced that information with my mums information they would have seen that at that point in time my mum was seeking help from professionals in order to parent him better as he was/is a very troubled young man for no apparent reason.
My nephew is currently in foster care. He is only 4 months old and was taken from them from birth.
I do not have any information re the guardian etc so am relying on the (very unreliable) social worker.

[Mammanenna]

He guardian agrees with the social workers manager. The sw on the case tried very hard and rewrote the report several times to please the manager but to no avail.
It has been adjourned so that the sw can complete an adoption plan (so ive been told). I have never dealt with courts before so this is all very alien to me.

[Suzie, FRG Adviser]

Thank you for posting back.
If you can, it would be helpful if you could get full information about what is happening at court. Your brother could authorise his solicitors to speak or write to you. You could let them know your proposal and for their views. Or ask for details from the social worker or guardian.
What did the social worker say about assessing you?


Can you get monies or support from family members for you and your mum to get legal advice?
Or call our advice line on 0808 801 0366.

Best wishes,
Suzie

[Mammanenna]

My brother STRONGLY objects to us going forward and would definitely not give any permission for anything.
The social worker has yet tk get back to me. I have emailed her today and also text on friday and today.
I dont have any other contacts.

[Mammanenna]

The sw is on leave until the 5th. I am calling her manager to discuss it tomorrow (if i can get hold of her that is)
My brother is VERY against us going forward so wouod definitely not give any permission for anything and would make it as difficult as he possibly could for any contact unfortunately.
I really appreciate your advice and help