Discharging a care order

[ML123]

Hi, can I have some help or advice please, my daughter was taken from me in 2016 and a full care order was granted in April 2017. She has been moved 3 times as placements have broken down and has ended up in a foster placement. I was promised by the LA that they would reassess me 3 months after the placement in the foster home. Since then I have had a new SW and they have had meetings amongst themselves and said it wasn’t going to happen, I then asked for contact to be moved to my home they came to my home and risk assessed it and there was no concerns. They have decided this wasn’t going to happen once again and said they would do some work in September with me to move thinks forward 3 months after my request, I attended the contact review and it was not what I was expecting, instead of increasing my contact they have reduced it and said it’s through no fault of my own they are happy with me and have no issues the foster carers are struggling to parent my daughter. I don’t agree with this and went ahead and put a complaint in this is now being dealt with so awaiting the outcome. The local authority said to me if I don’t agree then seek legal advice. I have decided I want to discharge the care order and I’m waiting on a solicitor to get back to me. I have been sober 22 months, random breathalysers done in work, I attend a group once a week for support, also recently I have referred myself on a 6 month programme with early help (Holding Families), I have my worker and I have got my daughter a worker of her own child’s voice. In this programme they cover all areas from alcohol/substance misuse down to parenting, one-ones and family work. SS have refused the family Work but want to keep my daughters worker. I feel like I have covered all areas of the court order and there concerns and now I have got my daughter support to. My daughter wants to come home and the LA are aware of this. Do you think I have a good chance taking this to court? And if I don’t get legal aid as I work how much roughly is this going to cost me? Please help thank you

[Suzie, FRG Adviser]

Dear ML123

Welcome to the parents’ discussion board. My name is Suzie, online adviser at Family Rights Group.

I am sorry that you are having so much difficulty regarding contact with your daughter. It is difficult to understand why, if children’s services have no problem with you that they have reduced your contact with your daughter.

You have not said in your post how old your daughter is but, depending on her age, children’s services should give appropriate weight to her wishes and feelings. I suggest that you ask for the reasons contact was reduced to be put in writing, together with any action that children’s services require you to take to ensure that you can have more contact with your daughter. It might be helpful to look at the final care plan to see what was said about your daughter’s contact with you.

As you have already made a complaint to children’s services I am including our advice sheet Challenging decisions and making complaints which will provide you with more information about the complaint and the different stages.

I am also including our advice sheets relating to Duties on Children’s Services when children are in the care system and Contact with children in care for your information

In order to be successful in an application to discharge a care order it is important to be having good contact and to have addressed the concerns that led to a child being removed. You say you are continuing to address your alcohol use. You will need to have evidence for the court to substantiate what you say. It does appear from your post that you have been proactive in sorting your life out and supporting your daughter as well. Please read our advice sheet Reuniting children in the care system with their families for more information about getting a child home from care.

You may wish to speak to an adviser about your situation and, if so, do telephone our free confidential advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday.

I hope you will find this helpful.

Best wishes

Suzie