Daughter took LO to hospital, injuries were found. She and her partner at the time, were questioned and signed a section 20, and were told SW's were starting section 47 enquiries.
I'm my grandchild's maternal grandmother and I was originally allowed to take LO home with their parents under a 24/7 supervision order. This was asked of me via phone-call, and I was asked if I understood the extent of LO's injuries. They seemed to make a point out of the fact I'm a registered nurse. Injuries were rib fractures and marks on body.
Daughter said when questioned at the hospital, that the only time LO wasn't in her or her ex partners care, was the one occasion me and my husband took LO's for a walk in the pram, for around 2 hours.
2 weeks later we were told its possible for LO to not stay in our care, as we're in the 'pool of perpetrators'. Nothing changed. My daughter then broke up with her partner as she couldn't understand how these injuries happened, and why he didn't get LO checked over. Ex partner has since seen LO once (after being prompted) and has moved to a different area. SW's are aware of this. We then let the SW's know, that we think they've originally made a mistake, as we don't understand why we were allowed to go home under a section 20 originally, and then be told later we're in the pool.
Then we were seen by a kinship SW who started our assessment. She confirmed we were temporarily approved carers under regulation 24. LO has been with me, husband and my daughter for 7 weeks. Today we we're told the results from the second skeletal X-ray, confirmed the fractures, some showed signs of healing, and some didn't.
Following this me and my husband are still in the pool, the SW told my daughter that LO can stay with us under a Section 38(6). However our kinship carer assessment has now been stopped.
The SW's don't seem to be communicating with my daughters ex partner, is this normal?
Daughter and ex still haven't been interviewed by police. The papers haven't yet been issued.
Please can anyone give me any help or advice, I don't know where we stand.
Should I be getting legal representation for myself and husband, and will this be covered by legal aid.
We're so grateful LO is still in our care, however very anxious that this could change at any time.
Thanks in advance
Section 38(6) where do I stand
-
Suzie, FRG Adviser
- Posts: 953
- Joined: Thu Jul 28, 2011 12:25 pm
Re: Section 38(6) where do I stand
Dear Littleone
Welcome to the kinship carers' discussion board and thank you for your post. My name is Suzie and I am Family Rights Group’s online adviser. I am very sorry to hear that your grandchild has suffered possible non-accidental injuries.
I am sorry that I cannot provide full advice as I am unclear about some aspects of the situation including your grandchild’s current legal status.
I can see that you have been caring for your grandchild for 7 weeks as temporarily approved kinship foster carers. Initially, your daughter consented to a Section 20 voluntary arrangement.
Then the child and parents came home with you. I am not sure if the 24/7 supervision order you mentioned was an interim supervision order made by a court or whether you mean that you were required to supervise the parents (your daughter’s partner has now left as they separated) as part of a safety plan but with no court order in place.
It seems that you and your husband were not originally deemed to be in the pool of possible perpetrators which is why you were temporarily approved as kinship foster carers and the child was placed in your care. However, you were then placed in the ‘pool’ as there was a 2 hour window in the timeframe of when the injuries occurred when you and your husband were sole carers and took the child out in their pram. Since then you have been in a very confusing situation as you were able to continue caring for the child but your fostering assessment has stopped.
It would be unusual if the local authority had not initiated court proceedings by now. Your daughter has been advised that your grandchild can stay with you under section 38 (6) of the Children Act 1989. This is a direction of the court. It would be really helpful if you could post back to clarify if care proceedings have begun as this direction can only be made when there is an interim care order in place for a child where the court directs where the child is placed (in this case remaining with you). Your grandchild’s arrangements would be regulated by the court and the child ‘in care’ but it cannot be classed as a kinship foster placement under regulation 24 as you know. You could (and should) still be offered financial support to care for your grandchild but this would not be a fostering allowance. If there is an interim supervision order in place the situation will be different.
In response to your questions, yes, children’s services should continue to be involving your daughter’s ex-partner if he is the child’s father; he should also be pursuing this and will have a solicitor if the case is in court. The police investigation is outside our remit I am afraid but it can take time for police to interview, if they do. They work with children’s’ services in relation to child protection enquiries although of course police are responsible for criminal investigations.
I think it is a very good idea for you to contact a children-law accredited solicitor in relation to you being in the pool of perpetrators (and how to be removed) and also in relation to the 38 (6) placement. They will be able to advise you if you may be eligible for legal aid .
It seems as if there is a recognition that the child is best placed with you. with their mother too, but the main dilemma is that you have not been excluded from the ‘pool’ at the moment. If there is any risk that your grandchild might be removed from your care please do seek urgent advice.
It might also be a good idea to call our freephone advice line so that we can discuss the situation in more detail; the advice line (0808 8010366) is open from 9.30 am to 3.00 pm, Mon to Fri (except bank holidays). If you prefer, please do post back on this forum.
Best wishes
Suzie
Welcome to the kinship carers' discussion board and thank you for your post. My name is Suzie and I am Family Rights Group’s online adviser. I am very sorry to hear that your grandchild has suffered possible non-accidental injuries.
I am sorry that I cannot provide full advice as I am unclear about some aspects of the situation including your grandchild’s current legal status.
I can see that you have been caring for your grandchild for 7 weeks as temporarily approved kinship foster carers. Initially, your daughter consented to a Section 20 voluntary arrangement.
Then the child and parents came home with you. I am not sure if the 24/7 supervision order you mentioned was an interim supervision order made by a court or whether you mean that you were required to supervise the parents (your daughter’s partner has now left as they separated) as part of a safety plan but with no court order in place.
It seems that you and your husband were not originally deemed to be in the pool of possible perpetrators which is why you were temporarily approved as kinship foster carers and the child was placed in your care. However, you were then placed in the ‘pool’ as there was a 2 hour window in the timeframe of when the injuries occurred when you and your husband were sole carers and took the child out in their pram. Since then you have been in a very confusing situation as you were able to continue caring for the child but your fostering assessment has stopped.
It would be unusual if the local authority had not initiated court proceedings by now. Your daughter has been advised that your grandchild can stay with you under section 38 (6) of the Children Act 1989. This is a direction of the court. It would be really helpful if you could post back to clarify if care proceedings have begun as this direction can only be made when there is an interim care order in place for a child where the court directs where the child is placed (in this case remaining with you). Your grandchild’s arrangements would be regulated by the court and the child ‘in care’ but it cannot be classed as a kinship foster placement under regulation 24 as you know. You could (and should) still be offered financial support to care for your grandchild but this would not be a fostering allowance. If there is an interim supervision order in place the situation will be different.
In response to your questions, yes, children’s services should continue to be involving your daughter’s ex-partner if he is the child’s father; he should also be pursuing this and will have a solicitor if the case is in court. The police investigation is outside our remit I am afraid but it can take time for police to interview, if they do. They work with children’s’ services in relation to child protection enquiries although of course police are responsible for criminal investigations.
I think it is a very good idea for you to contact a children-law accredited solicitor in relation to you being in the pool of perpetrators (and how to be removed) and also in relation to the 38 (6) placement. They will be able to advise you if you may be eligible for legal aid .
It seems as if there is a recognition that the child is best placed with you. with their mother too, but the main dilemma is that you have not been excluded from the ‘pool’ at the moment. If there is any risk that your grandchild might be removed from your care please do seek urgent advice.
It might also be a good idea to call our freephone advice line so that we can discuss the situation in more detail; the advice line (0808 8010366) is open from 9.30 am to 3.00 pm, Mon to Fri (except bank holidays). If you prefer, please do post back on this forum.
Best wishes
Suzie
Who is online
In total there are 0 users online :: 0 registered, 0 hidden and 0 guests (based on users active over the past 5 minutes)
Most users ever online was 242 on Sat May 16, 2020 7:47 am