What do I need to know for my report to court?

[Dood24]

Hi, it's been a while since I've posted in here, I have become disillusioned with the whole system but With 4 months until my daughters final hearing I need help and advice.

1st of all I'll tell you why I am disillusioned. I've been doing research and have come to realise how corrupt not only Social Services are but also family courts, judges, solicitors and possibly the government, how deep does this corruption even go? Children are being taken all over the country that didn't need to be taken, in 2022 there were approximately 76000 children in the foster care system, this year, 2023, there are 82000, the highest it's been since records began 26 years ago, how is this happening and how is it allowed to increase every year. Innocent families are being ripped apart for whatever reason, some of the children are in danger of emotional and physical harm but not all of them. Lies, manipulation, twisted truth and speculation are some of the reasons innocent families are suffering and why do people only find out about all this when it happens to them. I was clueless before it happened to my daughter and grandkids but now my eyes are fully open and I understand my daughter may never get her children back. It's disgusting how my daughter and countless other parents are going through this here in the UK, what is the suicide statistics in parents whose children have been taken? and how many of those children taken are now emotionally damaged and getting in to trouble because of it. I needed to get that off my chest.

2nd, my daughters final hearing is in 4 months time and I need to write a statement to the courts, there is a lot I need to write and I need to be as thorough and knowledgeable as I possibly can. Are there any do's and don'ts when it comes to writing a statement? What is the procedure of an SGO assessment? Does a person have the right to know why they are being asked to sign an S20? What rights can a SW take from a person? can they tell you what you can and can't wear? can they tell you what you can and can't eat? can they have the TV taken out of their room if they get put in a placement? Can they have their freedom taken away? Can SS use things that never happened and obviously have no evidence to back up their claims if the people the slanderous comments are made about deny it?

There are more questions I want to ask but I will ask them another day soon.

[Robin D]

Hi. There will be others here who will completely understand your views on social workers and the system in general, but you might find it easier and more productive to concentrate on your second point at this time.

The way I have written statements, even when we have been legally represented, was to start with a large sheet of paper and just sit and brainstorm everything you think you would like to put in. Don't worry about the order, just write down the heading until you can think of no-more. Then sleep on it for a night or two. Don't be tempted to look at it between time. You need your brain to throw out the bits you have missed, reading the list you prepared simply guides the brain back to the points you already have. Write down anything else that comes to mind on a separate piece of paper. Then with another piece of paper, group them into sections. You may end up with sections such as, Family background, Daughters Background, Grandchilds background.

Only then can you start the statement. A few tips: The social worker lied, should become, the social worker was mistaken. Pointing out that there is no evidence that has been presented to you, is not the same as there being no evidence. You need to fight with facts not opinions. Precise dates of events, visits etc is really helpful. If you put in your opinion on something, say it is your opinion, do not try to present as fact. Perfectly OK to say 'As I remember' or similar if you are not 100% sure of your facts.

Do not insult anyone especially the courts, judiciary, and the majority of the legal profession. They, in my extensive experience, all believe they are thinking first and foremost about the child(ren). You can use statistics to support your case, but sorry, using the ones you mention will not assist the court one iota and will weaken, rather than strengthen you case. By all means discuss your finding with your MP, they at least have the chance to change things. Courts work only within the law. The law may not be perfect, but is still the law.

Sorry if this is not what you want to hear, but I am really trying to help. Me telling you is a lot less painful than being ripped apart by a barrister in court.

Good luck and best wishes .... Robin

[Suzie, FRG Adviser]

Dear Dood24,

Thank you for your post and apologies that it has taken a little while for me to respond. I can see that Robin D has given you some useful advice and I hope that the following also helps.

I will do my best to answer the specific questions that you asked in your post.

1) What is the procedure of an SGO assessment?

Family Rights Group have a good practice guide for Friends and Family Care Assessments. You can find this HERE. Although the guide is specifically aimed at viability assessments it may also be helpful in putting together a challenge against a negative full assessment. You can also find information about SGO assessments in our advice sheet HERE – pages 7 and 8 have detailed information about what a full SGO assessment should cover.

2) Does a person have a right to know why they are being asked to sign a section 20 agreement?

A person with parental responsibility should not feel pressured or coerced into signing a section 20 agreement. If that person feels that children’s services do not have a good reason to ask them to then we would advise that they seek legal advice (or contact our adviceline) before signing. If children’s services refuse to explain why they are asking that person to sign a section 20 agreement then that person can refuse to do so. We have more information on our website HERE about section 20 agreements.

3) What rights can a social worker take from a person?

A social worker cannot take any rights from a person. However the family court can give children’s services parental responsibility (the legal responsibility to make decisions about a child’s life). If a care order is made (or an intermin care order) then this would give children’s services parental responsibility. This means that children’s services can make decisions about a child even if the parent (or child) disagrees.

4) Can they tell you what you can and can’t wear? Can they tell you what you can and can’t eat? Can they have the tv taken out of their room if they get put in a placement? Can they have their freedom taken away?

If a child is placed in a foster placement (either with a foster family or in a residential placement) then children’s services are responsible for making sure that this is an appropriate place for the child to live in. It may be that there are some rules about what is acceptable to wear and what is acceptable to eat. This would probably depend on the age of the child. For example there may be rules about what a child can eat because the carers have a responsibility to make sure the child is eating healthily. There may also be a good reason why a TV is taken out of a child’s room, however this would be dependent on the particular circumstances. When you ask whether they can have their freedom taken away – some children may be restricted in what they are allowed to do because of concerns for their safety.

If a parent (or someone with parental responsibility) feels that children’s services are enforcing rules about these kind of issues without having good reason to do so, then they can of course challenge this. They can either speak with the social worker, team manager or independent reviewing officer, or make a formal complaint.

5) Can social services use things that never happened and obviously have no evidence to back up their claims if the people the slanderous comments are made about deny it?

As Robin D pointed out, it would be better for you to explain that no evidence has been presented to you about a certain allegation (rather than saying that there is no evidence at all). If you have factual evidence (dates/times/documents) to challenge these allegations then you could include this in your statement. Children’s services may sometimes make recommendations based on ‘professional opinion’ – you are also able to state your opinions, but make sure that it is clear that you are presenting it as an opinion not as a fact.

I hope that this is helpful. Please post again if you have further queries,
Best wishes,
Suzie