An unusual Reg 24 placemenet

[Reoarts]

Hi all,
Just looking for a bit of advice because we seem to be in an unique situation.
My husband split from his partner four and a half years ago leaving his 4 year old son in care of mum.
Mum later started a new relationship with a man who had a 9 year old son. They then went on to have a child together.
All 3 children were taken into care 18 months ago.
We found out and started a battle to get my husbands son out of the care system.
During that time a sibling assessment was carried out. The findings were that the younger 2 children could not be separated.
We won the court battle to have both children placed with us.
My stepson came to us with my husband and I sharing PR for him.
His half-brother came to us under a reg 24, me being the foster carer. SGO assessment is 8 weeks away
It was agreed with the court that Mum would be allowed 1 face to face contact and 1 video call contact a month.
Mum is now harassing us through the SW and private messaging us about co parenting for both of the boys.
Please correct me if I am wrong but I though when a child is in foster care Mum is not to communicate with the carers.
What is the grey area though is what communication mum can have about my stepson as he came to us with out any order.
The local authority in this case are very pro mum and can offer no advice other than doing what Mum wants which we do not feel is suitable.
I hope you have managed to follow what is happening and any advice is gratefully received

[Robin D]

I am not aware of anything that generally prevents a parent contacting foster parents. Indeed, as former foster parents, we were positively encouraged to engage with the parent(s) where this was practical especially around arranging contact etc. We are still in regular contact (Christmas cards etc) with one parent over 40 years since we cared for her children. Things may have changed in the 20 years since we fostered, but as I say, I am not aware of it.

That said, there was one child where we were told the address of the child was to remain secret, and if either parent made contact, we were to call the police, but that was an extreme situation, where there was a fear the child was at real risk.

You have a court agreement, and I would simply advise Mum, that until that is varied, that will be sticking to the agreement. If the SGO assessment is still 8 weeks away, that to me is the appropriate time to discuss future contact arrangements. All that said, occasions may occur when you would want to offer additional contact around large family events, child's birthdays etc etc. However, you must always keep in mind the needs, and if appropriate, the wishes of the child. Nothing worse than the child's birthday being ruined because they were not aware, and didn't want a call from birth mother on the day.

[Suzie, FRG Adviser]

Dear Reoarts

Welcome to the kinship carers’ discussion board and thank you for your post. My name is Suzie. I am Family Rights Group’s online adviser. I am sorry to hear about the difficulties you have been having.

You are caring for your husband’s son. You state that you both have parental responsibility for him. My understanding is that you have a Child Arrangements Order for him.

You are also caring for his half-brother. You are the child’s kinship foster carers under Regulation 24. This means that you do not have parental responsibility (PR) for him at the moment.

However, you are to be assessed as Special Guardians. If you get a Special Guardianship Order (SGO) you will, of course, have parental responsibility for this child too.

Your query is in relation to the children’s mother’s communication with you, in particular, in relation to the child that you are fostering.

Although the case is in court, you say that the child came to you without an order. Do you mean that there is no interim care order in place? You say that the court was involved in agreeing contact initially, however.

Do you mean that the child’s placement with you is a voluntary arrangement under Section 20 i.e. that he is looked after with his parent/s’ consent?

If this is the case, then his parent/s are the only ones with parental responsibility for him. Therefore, plans such as in relation to contact have to be agreed with them. However, he is still a Looked After Child if you are his temporarily approved foster carer. Children’s services, although they have no PR for him, are responsible for making and reviewing safe contact plans. However, when they ‘do as mum wants’ this means that she has PR and they do not. But the child’s welfare comes first in all of this. So, if his mother is being unreasonable or the arrangements are not in his best interests, children’s services should respond to this.

If you mean that you do not have an order but children’s services do i.e. an interim care order, then they share PR with the child’s parent/s and have decision-making responsibility. They are responsible for making and reviewing contact arrangements and for updating his mother about him.

It may be that, as the plan seems to be for you to be assessed for a SGO which would give you PR, children’s services are encouraging communication between you and your husband and the boys’ mother. Children’s Services’ involvement is likely to end when or soon after a SGO is made. Any dispute between you and your husband and the boys’ mother would then be a private law matter. So communicating, including about contact, will be important.

Parents do not always communicate directly with foster carers including about contact although sometimes this does happen. Kinship care situations can be different, though, due to existing relationships and of course, depending on any identified risks.

If you are finding the communication or contact arrangements difficult then raise this formally with the child’s social worker and also with their Independent Reviewing Officer. It is important that this is managed well especially as you are caring for the two brothers with the same mother. You will need to discuss your thoughts about contact and how you will communicate when being assessed for Special Guardianship and before a SGO is made.

I hope this helps. It is really positive that you are hoping to raise the two boys together which it has been agreed is so important for them.

If you would like to talk through your situation then please call the freephone advice line on 0808 8010366. Lines are open Mon to Fri, from 9.30 am to 3.00 pm (except bank holidays). Or you can post back on this board, send an advice enquiry form or use the webchat facility.

With best wishes

Suzie