Any Advice on Court Of Appeal??!

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SunshineStarRainbow
Posts: 18
Joined: Sun Jul 22, 2018 5:10 pm

Any Advice on Court Of Appeal??!

Post by SunshineStarRainbow » Tue Oct 02, 2018 5:37 pm

Hi all, please refer to my case "length story but please read, I NEED advice" for background information -

I've since spoken to the woman who runs The Freedom Programme with WWIN and explained that my appeal has been stopped with the reason that "the judge has seen all the evidence" whilst I know he has not! This was her response also; I did not even get a tangible report from her until a few weeks ago and given that the hearing was in May, how could the judge possibly have had everything? I didn't get a lot of reports until after the hearing. The woman from WWIN has suggested I contact the Court of Appeal and complain. I've tried ringing them with no such luck, I've tried ringing my appeal case manager and got no answer, nothing comes up on google about complaining (of course) - has anyone tried this before?

There's a few more areas I'd like some advice on, if anyone can please help;

How do I deal with a social worker that I know I am stuck with but who twists my words? For example, I told the contact worker of another child that my new born sons dad has, the social rang me and asked me why i'd never shared this information before and I explained that surely it should be up to him to share this information, not me? But the point is that when I was directly asked if he had another child I told them all the information I know and showed a photograph. The social worker then accused me of "protecting" him and I'm like, how? I gave you the information you asked for!

Is there any advice on self representing? As that now seems to be the position I am in. I tried transferring to a new solicitor as a result of my last solicitor failing to follow instruction but, legal aid was taking forever and the Welfare hearing for my daughter is this month and as my appeal has came to a stop, she's bailed.

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Suzie, FRG Adviser
Posts: 2123
Joined: Mon Jul 04, 2011 2:57 pm

Re: Any Advice on Court Of Appeal??!

Post by Suzie, FRG Adviser » Thu Oct 11, 2018 11:20 am

Dear SunshineStarRainbow

Thank you for your further post.

I am sorry that you are having difficulty in changing solicitors.

In your post you say you have been trying to make contact with the court of appeal, I think the best way to do this would be in writing to the judge who made the decision so you can explain the matters that are of concern to you. Any letter you send to the court should have the case reference number if not, it will not get to the right file.

You have requested advice in relation to the social worker who is allocated to your case. Since you are in care proceedings and the final hearing is due to take place shortly, it is unlikely that a change of social worker would be made at this stage. It is of course your right to ask for a change but children’s services do not have to change the social worker.

If you have a problem with the social worker then you should try and speak with the social worker’s team manager to see if things can be resolved. It is also possible to make a complaint and our advice Challenging decisions and making complaintswill provide you with more information.

Regarding self-representation, any individual can represent themselves at court and will be referred to as a litigant is person. It appears you lost confidence in the solicitor who was representing you and wanted to change but have had difficulty doing so. Perhaps if they still hold the legal aid certificate you can have a frank discussion about your concerns to see if the relationship can be improved. Sometimes clients believe that instructions are not being followed but it can be that it is not the right time in the proceedings to raise a particular issue.

Please read our advice sheet Care (and related) proceedings which might help you understand the court proceedings better.

You can, if you wish, telephone our advice line on 0808 801 0366 to speak with an adviser. The advice line is open from 9.30am to 3pm Monday to Friday.

I hope this is helpful.

Best wishes

Suzie

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