Judge refusing to put me through kinship assessment

[Ploddingaboot]

My nephew was taken away by an Emergency Protection Order in March 2022, and placed into foster care where he continues to remain.

My parents went through the fostering assessment and became registered foster carer, with the intention of fostering my nephew long-term.

A week before what should have been the final hearing (February 2023), my parents decided to pull out from fostering my nephew due to their old age. Both the judge and social workers want my nephew to be put up for adoption and so I decided to place my name down to be his kinship carer.

I went through (and passed) my viability assessment the day before the hearing, but the judge has decided that, due to how long the process has taken, he no longer wants to put anyone through more assessment because it would prolong it even more.

I feel hopeless. I've sent an email to judge explain that the reason why I did not put my name down initially was because the social worker told me I was too young (19 at the time) and so could not care for him. I'll be 21 this year and was told that finally I was the appropriate age. I've explained how I could get housing help and be able to care for him within the next 2 months, if he was given to me through an emergency temporary foster placement, but I'm yet to hear anything back from the judge.

Do I keep fighting for him or is it almost certain he'll be put up for adoption. I'm willing to pay for a solicitor but I need to be certain I have a case before paying a grand.

Does anyone have any advice?

[Robin D]

My immediate response would be to suggest you ask your parents if they know if there was a solicitor appointed for the child, and if so, to contact them. If not, contact the court office and ask. Also find out if CAFCASS are involved, and again contact them directly.

I am surprised the letter to the judge has been ignored although I would not expect them to reply direct but through one of the legal representatives.

You can also apply to become party to proceeding for a small fee. (Under 200 pounds I think but I am a bit out of date). Again, talk to the the court office who will help you with the forms. The judge will then hear your application to join, but assuming it's accepted, you then get to see and hear everything that the court does. It may be enough to show the judge that you are serious in your desire to keep your nephew within his family.

I am sure one of the team at FRG will be along to answer more fully, but thought this at least would give you something to get on with.

Good luck ..... Robin

[Suzie, FRG Adviser]

My nephew was taken away by an Emergency Protection Order in March 2022, and placed into foster care where he continues to remain.

My parents went through the fostering assessment and became registered foster carer, with the intention of fostering my nephew long-term.

A week before what should have been the final hearing (February 2023), my parents decided to pull out from fostering my nephew due to their old age. Both the judge and social workers want my nephew to be put up for adoption and so I decided to place my name down to be his kinship carer.

I went through (and passed) my viability assessment the day before the hearing, but the judge has decided that, due to how long the process has taken, he no longer wants to put anyone through more assessment because it would prolong it even more.

I feel hopeless. I've sent an email to judge explain that the reason why I did not put my name down initially was because the social worker told me I was too young (19 at the time) and so could not care for him. I'll be 21 this year and was told that finally I was the appropriate age. I've explained how I could get housing help and be able to care for him within the next 2 months, if he was given to me through an emergency temporary foster placement, but I'm yet to hear anything back from the judge.

Do I keep fighting for him or is it almost certain he'll be put up for adoption. I'm willing to pay for a solicitor but I need to be certain I have a case before paying a grand.

Does anyone have any advice?

Dear Ploddingaboot

Welcome to the family rights group kinship carers discussion forum and thank you for posting.

My name is Suzie online advisor at family rights group and I will be responding to your post. I see from your post that you're concerned about your nephew being placed for adoption and wish to be assessed as his long term carer. You do not state your nephews age in your post but, as you have mentioned the possibility of adoption I'm assuming that he is still very the young.

It is unfortunate that your parents who had been approved as possible long term foster carers withdrew so late in the court proceedings from caring for fair grandson . Your nephew was removed in March 2022 which suggests that they have been ongoing case for nearly a year and the stated time for a care case is 26 weeks which means that this case has taken sometime too conclude stop paragraph having said that however the delays or the extended time period for the case may have been either the late submission of documents or the court extended the time for assessments to be done in order to assist the judge in reaching a final decision about your nephew.

The local authority’s care plan was for long term foster care with your parents and the decision to withdraw appears to have led the court to decide that the timescale for your nephew is to ensure that he has a permanent placement sooner rather than later. You have had a viability assessment this suggests that the court directed, that this should take place and, now that you have had a positive viability assessment, it seems that, from what you say in your post, that the judge has decided that a further full assessment of you should not go ahead. It is not clear from your post the judges reason for that apart from the time it take for this assessment to be done which I think would have been a consideration when deciding that the viability assessment should go ahead.

Although you have not stated in your post how long the local authority has said the assessment of you would take it seems unusual that the court would have directed that a viability assessment be done and then decide that no further assessments should be carried out. You have had some good pointers from poster Robin D about how you could progress matters and I think it would be important for you to chase up the communication with the judge in the case as well as make a formal application to be joined as a party. It would be for the judge to decide whether you should be joined as a party and, it may be that the other parties in the case, the local authority, the children's’ guardian, but mother and father if he is involved can make representations to the court regarding the application to be joined as a party. If a parent or parents support you being assessed then their solicitors could consider challenging the decision for the child to be adopted when there is a family member who has had a positive viability assessment and can be further assessed with a view to the long term care for their child.

Here is a link to information relating to care proceedings

The case law in respect of children being placed for adoption state that adoption should be the plan for a child where nothing other than adoption will do. From your post it appears that until you have been fully assessed and ruled out as a carer, the court is unable to come to the conclusion nothing but adoption would do for your nephew. You may find this article helpful. It refers to recent cases relating to placement orders which are the orders that give permission for a child to be placed for adoption

The cases in article which might be relevant to your situation are Re CV (a child placement order) Re D )(a child) placement order and Re B a child (adequacy of reasons).

Are you living with your parents and what support network would you have if your nephew were in your care? From your post, it appears that you do not yet have appropriate accommodation and, as such, it is surprising that your viability assessment was positive on this point. Did the local authority agree to assist you with accommodation? I see in your post you informed the judge that you would be able to find accommodation in a couple of months. It is unlikely that your nephew would be placed with you unless you had a positive assessment as a long term carer. Do you reside with your parents, what support network would you have if your nephew were placed in your long-term care.

Do you only wish to be considered as a foster care or have you discussed the possibility of a special guardianship order (see information HERE . It would not be considered in your nephew’s interests to be moved from his current placement to you when there is a possibility he would have to move again if your assessment is not positive. Multiple moves is never considered to be good for a child. Also, have you been having contact with your nephew which would also be an important factor.

If you are happy to pay for a solicitor, I think it is important that initially you have an appointment to discuss your position. There are, unfortunately, no guarantees about the final outcome, but a solicitor will be able to advise you whether you have an arguable case. It appears to me from what you state in your post that this may be the case but you should get advice from a solicitor. You may also be able to speak with the children’s guardian who represents your nephew’s interests in the case. Your parents may be aware who this is or your nephew’s parents if you are in touch with either of them. You could also ask the allocated social worker for his or her details.

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

I hope you find this information helpful.

Best wishes

Suzie