Borderline Negative Assessment?

[JCU25]

Dear all,

I require some advice on my current situation. I'm the uncle of a lovely baby boy who I've been assessed on my ability to care for him on the basis of an SG/Foster Carer. The draft assessment came back today, it was negative. However from what I can see I met most of the minimum standards.

The assessment is due to be filed tomorrow and the social worker has switched her phone off, and is not responding to my emails. I'm not entirely sure how to proceed. During the previous hearing the judge provided a mid trial hearing for next month.

The social workers concerns were that...

- No experience with caring for a child who has suffered trauma
- I have not currently got housing and I'm temporarily relatives so I can't provide him with a shelter.
- Availability (I am willing to interrupt my studies to meet his needs)
- Difficulty with managing contact, and that I'm pressured to do the assessment.

I'm worried I'm too late. I'm not a party to the proceedings, and whilst the judge said there was the possibility of an independent social worker assessment.

What do I do and what are my options at this stage?

[Robin D]

Hi and welcome.

It's a brave thing you are offering to do. Well done for trying to keep your nephew within the family. Outcomes for children brought up in Kinship Care are much better than for stranger adoptions. Still the government target to local authorities is for adoption, but hopefully that will change.

I would start by applying to become party to proceedings. Just contact the court office for the court where the case is being held, and they will help you complete the forms. There is a fee to pay though. The court office will advise, but I think its currently about £250. The judge should hear the application at the start of the next hearing, after which, you get to see and hear everything. It also demonstrates that you are serious about this.

Social workers being 'unavailable' when needed is common. They do tend to have large caseloads, and need time away from the job if they are to even begin to approach things with the right mindset...... But .......

Do you know if Cafcass are involved, or if there is a solicitor appointed for the child? If there is, speak to them and see what they say.

You need to think carefully about how to answer the social workers stated concerns. I suggest you write them down in a factual, non-emotive way. You may be asked to present evidence to the court and having it already there, will help.

Keep a good diary of what happened when, who said what, etc. etc. If you get challenged, and can argue with hard facts it helps a lot. This I regret to say from many years of experience is vital with Social Workers. If anything is promised, ALWAYS write to them saying along the lines of, 'I understood from our conversation today that the Local Authority are prepared to rehouse me if I take on {name of child}' etc. If you read much of this forum, you will see that promises are made but are then said not to have been made. By you writing to them with your understanding, it means they actually have to write back if it was not a promise!

Don't worry that the report is being filed tomorrow. They will not change it at this point. Concentrate on getting your own application in to be party.

On the social workers points, I would be saying something along the following lines.
- No experience with caring for a child who has suffered trauma.
What person is going to have apart from trained foster parents etc. The local authority can, and is obliged to provide support, including help in understanding how to deal with trauma. However, this child is very young from your description, so without asking for the details, what trauma has he been through. It's likely he will end up with some form of attachment issues yes, but plenty of time for you to understand the issues, and current thinking on how to deal with it.

- I have not currently got housing and I'm temporarily relatives so I can't provide him with a shelter.
Why cannot the local authority help with housing? Yes a child need a secure home as a base. Get an application in to the council for a home on the basis the child will be placed with you. At least you will be on the list and can show you have done something.
- Availability (I am willing to interrupt my studies to meet his needs). As a full time 'Dad', you will struggle, believe me. However, if that what you wish to do, then it can be done. The child can go to a registered child minder on a regular basis like 100,000's of others do every day to allow parents to work. You would be entitled to the government child care schemes.
- Difficulty with managing contact,
It is difficult, but the court should provide clear guidance, or even an order on contact. Depending on the final order, SS may be obliged to support or even enable or supervise contact. However, many parents begin to come round and be reasonable once they know you are doing the best for the child. If the child is adopted, they would never see him again! So you would be doing them a favour. If you have an SGO, it gives you a large degree of control.
..... and that I'm pressured to do the assessment.
Not sure I understand this. What assessment?

The other factor is support not mentioned by the SW is support. You are with relatives at the moment. Would anyone be available to provide support to you, or the child if for instance you were unwell etc.

I am sure Suzie will be along soon with some better advice, but this at least should get you started. However, please be aware, that this will be an uphill struggle, but keep focussing on what is best for the child. You might want to look at the top of the page and see if there is a local Kinship support group. You would be made very welcome and will learn a huge amount from other is a similar position. Again, if you have made the enquiry now and joined one, that becomes part of 'your support'.

Good luck ..... Robin

[JCU25]

Thanks for the reply! I've done the application (C2 form). CAFCASS is involved. I've however made the mistake of zeroing in on specific mistakes within the report as a response to the draft.

He's suffered from trauma in utero, and separation from his mother at a very young age of 2-3 months (where he's been in care since).

I've taken courses to better understand trauma and have informed the LA I am willing to take any courses they can offer. The courses I've taken include one which explains adverse childhood experiences and how to improve outcomes for children who suffer from the same.

It's a tough one since my student income is rougly 85% of my total income, I do think if the child was placed with me as a looked after child, I'd be good with finances but I'd be happy to care for him even as an special guardian.

By assessment, I meant the SGO/Connected Persons Assessment and that my family have essentially made me do the assessment. My parents are available (they failed their SG assessment), as are my sisters and quite a few friends however I think these are discredited.

Thank you for your incredibly kind welcome and detailed response. It has given me plenty to consider and has instilled a bit of hope in my heart.

[Suzie, FRG Adviser]

Dear all,

I require some advice on my current situation. I'm the uncle of a lovely baby boy who I've been assessed on my ability to care for him on the basis of an SG/Foster Carer. The draft assessment came back today, it was negative. However from what I can see I met most of the minimum standards.

The assessment is due to be filed tomorrow and the social worker has switched her phone off, and is not responding to my emails. I'm not entirely sure how to proceed. During the previous hearing the judge provided a mid trial hearing for next month.

The social workers concerns were that...

- No experience with caring for a child who has suffered trauma
- I have not currently got housing and I'm temporarily relatives so I can't provide him with a shelter.
- Availability (I am willing to interrupt my studies to meet his needs)
- Difficulty with managing contact, and that I'm pressured to do the assessment.

I'm worried I'm too late. I'm not a party to the proceedings, and whilst the judge said there was the possibility of an independent social worker assessment.

What do I do and what are my options at this stage?

edited for confidentiality


Dear JCU25

Welcome to the kinship carers’ discussion forum and thank you for posting.

My name is Suzie, online adviser at Family Rights Group. In your post you speak of your concerns regarding the negative assessment you have had in relation to the long term care your nephew. Robin D has offered you some helpful advice in his post. I will give you some additional advice regarding the circumstances.

The social worker has indicated that there are deficiencies that would prevent you from caring from your nephew. Looking at the points in your post it seems these matters were probably known to children’s services, certainly your housing needs should your nephew come to live with you. They can assist you to obtain appropriate accommodation Additionally, if you were a foster carer contact would be managed by children’s services in any case. You mentioned in your post that the view is you have put yourself forward because of pressure. Most family members in your position decide to be assessed in order to keep a child within their family network, it is not clear from your post who may have pressured you. As suggested by the poster, make your position clear, you have made a considered decision to proceed with this.

I think it is important that you apply to be a party to the proceedings and request an independent social work assessment. You will need to explain to the judge why you believe the negative assessment does not reflect your position. You had a positive viability assessment and the issue being used to rule you out now were known, or would have been, so the social worker should explain why it was decided to continue assessing you. Make it clear to the judge that your nephew is your priority and whatever additional is needed you are prepared and committed to do.

It is important that you act quickly as the court works to a timetable and want things done to meet what is the child’s timescale. This means that permanency if decided as soon as possible so the child can be in a safe, loving home that meets his or her needs. If you can speak with the parents, you could ask them to inform their legal representatives of your intentions. They could also tell you who the children’s guardian for your nephew is and you can inform them too. To make the application you will need a form C2, you can attach what you want the judge to know to this in the form of a letter or a short summary of your view. The poster has given some good pointers.

I think you may find it helpful to look at the following information from our website: and I have provided the links for you below:

This link relates to care proceedings

Information about special guardianship is HERE

Here is information about becoming a kinship foster carer .

I have advised on the basis that the negative assessment was an depth and not a viability assessment but if the latter, then I think this would be helpful to you in challenging this.

This Guide provides information which should help you check if your viability assessment followed it for good practice.

In top tips and templates, you can use this, Letter 3 to challenge a negative viability assessment.

I hope this is helpful. Should you wish to speak to an adviser, you can telephone our free confidential advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday (except Bank Holidays).

Best wishes

Suzie

[JCU25]

Good afternoon,

Thank you for your thorough response - The C2 has been done and I've drafted a response to the assessment for the consideration of the courts.

There was no viability assessment as the Judge ordered it to be done directly. I'm currently considering if an ISW is necessary or if I can challenge the current assessment directly as I'm worried if the ISW will reaffirm the position of the LA.

The SW did not specify who allegedly pressured me either, she simply claimed "familial pressure" which I believe could indicate my parents (who were also negatively assessed, and whom I'm currently accommodated by.

The guardian is most likely sided with the LA as she has historically done. Can I provide a letter for the Judge following the submission of the C2 as I've already done this.

Dear all,

I require some advice on my current situation. I'm the uncle of a lovely baby boy who I've been assessed on my ability to care for him on the basis of an SG/Foster Carer. The draft assessment came back today, it was negative. However from what I can see I met most of the minimum standards.

The assessment is due to be filed tomorrow and the social worker has switched her phone off, and is not responding to my emails. I'm not entirely sure how to proceed. During the previous hearing the judge provided a mid trial hearing for next month.

The social workers concerns were that...

- No experience with caring for a child who has suffered trauma
- I have not currently got housing and I'm temporarily relatives so I can't provide him with a shelter.
- Availability (I am willing to interrupt my studies to meet his needs)
- Difficulty with managing contact, and that I'm pressured to do the assessment.

I'm worried I'm too late. I'm not a party to the proceedings, and whilst the judge said there was the possibility of an independent social worker assessment.

What do I do and what are my options at this stage?

edited for confidentiality


Dear JCU25

Welcome to the kinship carers’ discussion forum and thank you for posting.

My name is Suzie, online adviser at Family Rights Group. In your post you speak of your concerns regarding the negative assessment you have had in relation to the long term care your nephew. Robin D has offered you some helpful advice in his post. I will give you some additional advice regarding the circumstances.

The social worker has indicated that there are deficiencies that would prevent you from caring from your nephew. Looking at the points in your post it seems these matters were probably known to children’s services, certainly your housing needs should your nephew come to live with you. They can assist you to obtain appropriate accommodation Additionally, if you were a foster carer contact would be managed by children’s services in any case. You mentioned in your post that the view is you have put yourself forward because of pressure. Most family members in your position decide to be assessed in order to keep a child within their family network, it is not clear from your post who may have pressured you. As suggested by the poster, make your position clear, you have made a considered decision to proceed with this.

I think it is important that you apply to be a party to the proceedings and request an independent social work assessment. You will need to explain to the judge why you believe the negative assessment does not reflect your position. You had a positive viability assessment and the issue being used to rule you out now were known, or would have been, so the social worker should explain why it was decided to continue assessing you. Make it clear to the judge that your nephew is your priority and whatever additional is needed you are prepared and committed to do.

It is important that you act quickly as the court works to a timetable and want things done to meet what is the child’s timescale. This means that permanency if decided as soon as possible so the child can be in a safe, loving home that meets his or her needs. If you can speak with the parents, you could ask them to inform their legal representatives of your intentions. They could also tell you who the children’s guardian for your nephew is and you can inform them too. To make the application you will need a form C2, you can attach what you want the judge to know to this in the form of a letter or a short summary of your view. The poster has given some good pointers.

I think you may find it helpful to look at the following information from our website: and I have provided the links for you below:

This link relates to care proceedings

Information about special guardianship is HERE

Here is information about becoming a kinship foster carer .

I have advised on the basis that the negative assessment was an depth and not a viability assessment but if the latter, then I think this would be helpful to you in challenging this.

This Guide provides information which should help you check if your viability assessment followed it for good practice.

In top tips and templates, you can use this, Letter 3 to challenge a negative viability assessment.

I hope this is helpful. Should you wish to speak to an adviser, you can telephone our free confidential advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday (except Bank Holidays).

Best wishes

Suzie

[Suzie, FRG Adviser]

Dear JCU25,

Thank you for your post.

Well done on acting quickly with this, and submitting the C2 and drafting a response to the assessment. I hope you have had more time to consider whether you would like to ask for a re-assessment by an independent social worker. I would just like to encourage you to remain optimistic and to continue to focus on clear and factual arguments, as you seem to be doing. The guardian is there to represent the best interests of the child independently.

Best wishes,

Suzie.