How to revoke a CO before it goes to an Sgo

A123
Posts: 9
Joined: Sat Sep 23, 2017 4:40 pm

How to revoke a CO before it goes to an Sgo

Postby A123 » Tue Mar 27, 2018 7:30 pm

my youngest is subject to a care order which is in place till October then the social worker will be advising the person who has my child to go for an sgo is there any way I can be assessed by a different social worker as the one I have now has already lied in court with regards to my mental health and disclosed my address to an abusive ex partner, my daughter was removed due to me being involved in a car accident with someone who has dv on his record and I didn't no I was not in a relationship with him and never have been, I have attended all contact sessions and even though im currently 31 weeks pregnant with again all uncertainty about this baby I am willing to put this baby up for adoption if it means I can have my youngest home as horrible as that sounds I am waiting for conference and them to ask me to do a section 76 different Local authority now

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Suzie, FRG Adviser
Posts: 1936
Joined: Mon Jul 04, 2011 2:57 pm

Re: How to revoke a CO before it goes to an Sgo

Postby Suzie, FRG Adviser » Wed Apr 04, 2018 11:40 am

Dear A123,

Thank you for posting. I can see that the court made a care order in respect of your youngest child, until October 2018. Children services plan is for her carer (a relative) to apply for a special guardianship order at that time. You want to know whether you could apply to have your child returned home to you.

I can see from your later post that you have a new social worker allocated to your family and you feel a lot more positive about the way forward in respect of assessments for your unborn child.
She is helping you access a one to one freedom programme and is getting together a child protection conference. Is she the same social worker for your baby who is placed with relatives under a care order? If so, would you feel more positive about her assessment?

I can set out the different options that are available for you. However, I strongly advise you to seek legal advice from a solicitor who can look at any recent assessments and the past court papers. Your solicitor can also put any application within the context of you having an unborn baby and the likelihood that you will be involved in another set of proceedings- for this baby as well.

As your child is subject to a care order, you can apply to court to discharge a care order after 6 months. However, to have a chance of success there are two things you would need to show.
First, that there has been a change in circumstances (for example, you had completed support needed, such as therapeutic and domestic violence support and can now safely parent your child).
Second, the much more difficult thing to prove is that it is in the “best interests” of your child to return home to live with you. To decide this, the court would use the welfare checklist which can be found here .
So for example, the court would have to be satisfied that it is better for your baby to be taken out of the relative’s home and placed with you. That the disruption this causes would be in your baby’s best interests.

Do you know whether children services have made any plans in respect of your unborn baby? Has there been a decision to take care proceedings? Or has there been a decision to start the pre proceedings protocol ?
If so, you part of that process is for parents to access legal help, for example, a solicitor attending the pre- proceedings meeting with you.

If not, you could ask about this because it means you will be able to access legal advice so you can discuss all your options with your solicitor.

I have only touched on your questions so if you need more advice, please post again or you could also call our free advice line for in-depth support on 0808 801 0366.

Best wishes,

Suzie


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