Need advice

[Phoebebuffay]

So I have a child in care placed with family.. there has been a lot of concerns over coercion by the family but no proof.. I am being assessed for child to return to my care and since assessment started the child has said she doesn't want to live with me anymore ...... I have heard whispering when I've spoke to the child on the phone before so I decided to record calls.. I now have a recording of the child being prompted to say don't make me live with you.. you can clearly hear someone telling her what to say........ but what do I do with this? It seems like it could be the proof the la have wanted for months but I really don't know what to do with it..

[Miserylovescompany2]

Hello

Can I ask if your child's current living arrangement was done through the court? Or did you agree to this voluntarily?

What you have described is phycological abuse. Is the recording clear? Do you know who was whispering? How old is the child? Has the child spoken to anyone else previously about wanting to return to your care? I think it is so very important that the child's view are sought in an environment where they feel safe to speak. The child could hold the belief that if they do say they want to live with you they will be punished or something bad might happen.

If things are being said whilst the child in on the phone what is being said behind the scenes when there is no-one to listen in?

How long has the child lived there?

Sorry for all the questions.

[QuestionMark]

I agree with the advice Misery has given. Save the recording, try transcribing it or seek out a professional transcriber to do so on your behalf - you can then use it as evidence? Are you self-representing? If not be careful to give it to your legal team (I've had a bad experience before with given legal teams evidence that doesn't get anywhere). Get it transcribed and then maybe email a copy of this to a manager of your social worker? I've been informed by my local M.P that there's no policy (so there's nothing telling us we can't) regarding recording conversations/meetings with SS although unsure if this applies to phone-calls also but I imagine the same will apply. Good luck x

[QuestionMark]

I have a letter from my local M.P in which is states "Cafcass themselves have said that they have no official policy on the recording of meeting between parents and caseworkers" She also goes on to say further "Though not all parents may feel comfortable doing so, I would also highlight that there is no policy which prevents participants from taking their own notes of meetings with caseworkers for personal use" followed by "there is currently no legislative stance on the recording of meetings between caseworkers and parents. The recordings of meetings would not contravene any current statue of law, including the Data Protection Act and Regulation of Investigatory Powers Act, as long as they are not distributed publicly". - I hope this helps. I downloaded an app from the xxxxx named xxxxxxxx and it is good. There's also an app named xxxxxx' that Mother Unite brought to my attention, this app helps document what has happened with pictures, recordings etc.

[Phoebebuffay]

It isn't in court atm. There's a full care order with a plan to return to the other parent but that plan failed, she said she wanted to come back to me so I went ahead with it. I know who is whispering and I have played the recording to many people and they can all hear it too. Child is being bribed to stay where she is and I have told the la this but there is no proof. The placement isn't suitable.. is the child likely to be removed if this is heard?

[Miserylovescompany2]

I think you would be best served speaking to the legal team involved in the initial care proceedings. Phone the FRG number they will help to signpost you and give advice on what to do next...

By the sound of this CS should be doing more!

[Suzie, FRG Adviser]

Dear PhoebeBuffay

Welcome to the Parents’ Discussion Board and thank you for your post. I am sorry to hear that your daughter is under a care order. It is good that you are currently being assessed with a view to your daughter returning to your care.

As you say that your daughter is placed with family members then they must be approved as foster carers for her. So they do not have parental responsibility for her but Children’s Services do, as well as you and possibly her father. Her foster carers therefore are responsible for caring for her but are not the legal decision-makers for her. They would have to obtain a court order such as a Child Arrangement Order or a Special Guardianship Order if they wanted to acquire parental responsibility for her.

You are worried about coercion but I am not sure exactly what you mean by that? You haven’t stated your daughter’s age – this may be particularly relevant if she is now saying that she does not want to live with you and in relation to the whispered prompts you describe hearing and which you have now recorded.

As your daughter is in a kinship foster placement then any worries you have about her carers (including about any undue influence you believe they are exerting) should be shared with her social worker and the Independent Reviewing officer (IRO). Foster carers also have to have reviews of their approval so you could speak to the kinship fostering team about your concerns too.

Does your daughter have an independent advocate or do you think she needs one? If so, you can also raise this with her social worker and IRO.

Have a look at our advice sheet on duties of children’s services when a child is in the care system for more information about the regulations which apply when a child is in care.

You ask if your daughter is likely to be removed if the recording you have made of your telephone contact with her where you state others are prompting her, is heard. Children’s Services would need to have a high level of concern to seek to remove a child from a long-term placement in an emergency. As they are assessing you at present then they are already considering this as a possibility if it is positive and in most cases they will look to end a placement in a planned and considered way. A LAC review should be held if there needs to be a significant change to a child’s care plan and you should be involved in this as your daughter’s parent.

The advice you have received from other parents to discuss your concerns and new information with your previous solicitor (if you found them helpful) or a new solicitor is good advice as they can help you weigh up the situation and consider how to proceed.

You may also wish to discuss the issue of the covert recording you have made of your child and which you believe also captures the foster carer(s) prompts. The issue of covert recording (and using or relying on recordings) of children and adults without their permission is a sensitive one and it would be a good idea for you to discuss this with a solicitor. Also as you have played the recording to a number of people.

Other parents have discussed their understanding and their use of recording.

The charity, the Transparency Project, has produced some information about parents recording of social workers (which I know is not what you have done) and provides a good summary of some of the issues, although has not yet been updated since the GDPR came into force. You might also want to look at the Regulation of Investigatory Powers Act 2000.

In the meantime, continue to focus on your assessment as this is equally crucial.

I hope this helps.

With best wishes.

Suzie