special guardianship

[buffygal_27]

We have been looking after my sisters little boy since 9/11/15 he was born on the 5th so was only 4 days old when we took care of him. He was born to my sister but her partner and her were deamed unfit to care for him so she volunteered to sign him over to me so that he didn't go into care. There has been a lot of conflict since then and he was placed on a child in need order. We were asked back I'm January by social services to concider doing a SGO this is for the moment from what we understand the best road forward. But to be honest we have been given no support or help so I'm looking for some advice and help to understand what to expect. We go to court mid April x

[buffygal_27]

No we have not been intitled to any financial help. We have a solicitor who specialises in family law who has dealt with an sgo before. My biggest fear is how long this sgo will be in place and if his parents can fight against the courts decision. My sister is verbally abusive about this and then messages me asking how her son is and expects us to be all sweetness and like to them. My own children have suffered due to her selfish behaviour but she doesn't care about that. At the moment we do weekly visits but after the court date we have been told they will only get 4/6 a year she blames us for this even though we have had nothing to do with any decisions that the social worker has made

[LISALOU68]

I had my grandchildren under a private arrangement but still got a little financial help thanks to FRG advisors helping me to write a letter requesting financial support. Contact will be decided by the judge at the final hearing and the parents will be asked their wishes. Children's services recommended that our contact should be 6 times a year and parents said not enough so we all agreed once every 3 weeks and more when possible despite the recommended contact

[LISALOU68]

However all is not rosy I don't think it ever will be I regularly get abused, even got sent some pictures of a naked obese woman saying it was my twin once although it has calmed down as I reported this to police as it was a step to far and they were warned any further offensive or abusive texts they will face criminal charges

[Suzie, FRG Adviser]

Dear buffygal_27

Welcome to the Family Rights Group Family and Friends Carers’ Discussion Forum.

My name is Suzie and I am online adviser here at Family Rights Group.
I am sorry that you are having such a difficult time with our nephew’s parents since he came into your care.

It is not clear from your post how your sister came to sign her son into your care. Was there no involvement at all from Children Services in his coming to you? How involved have then been in ensuring that he remains in your care. I ask these questions because sometimes Children Services will say a child living with relatives is a private arrangement where technically it is not. Where there is a private arrangement they can decide not to make a financial contribution but it is possible the circumstances in which the child is placed is arguably a ‘looked after placement. Please do post again with more information about how he was placed with you.

Children Services are able even if it is a private arrangement to carry out an assessment and offer support including financial support to carers. This is can normally be made under s.17 of the Children Act 1989 (as amended).

Children Services also often encourage family members to quickly obtain a private law order, that is, either a Child Arrangement Order or Special Guardianship Order. Once this order is made parental responsibility if given to the carer and Children Services can take a back seat as the child becomes that person’s legal responsibility. In both cases the parents retain their parental responsibility but in the case of a Special Guardian Order, the Special Guardian is able to exercise parental responsibility exclusive of the parents.

It is possible that you could be entitled to receive a fostering allowance payment. This will depend on the way in which the placement came about as stated above.

As ied53 has advised in her post, you should not be hurried by Children Services into making a decision.

I am including a copy of our advice sheet relating to support for family and friends carers. Also, included here is the advice sheet about taking on care of a child in an emergency.

As you have decided to go down the Special Guardianship route a copy of our advice sheet relating to this is here for your further information.

The parents could decide to oppose you in court if you apply for the Special Guardianship Order. They would have to show the court that it would be best for the child to be in their care rather than yours. Children Services would also make recommendations when completing the assessment report they are required to do for the court. The court will if it is appropriate in the circumstances make an order specifying the contact the parents should have.

I do hope you will find this information helpful. However, should you wish to speak to an adviser, please do telephone our free confidential advice line on 0808 801 0366. The advice line is open from 9.30 a.m. to 3.00 p.m. Monday to Friday.

Best wishes

Suzie