Section 20 PR rights?

[LadyJ]

We’ve recently had an adoption breakdown and our 8 year old adopted son has been placed in foster care under a section 20. We were out of our depth with his behaviour, he needed so much more than we were able to give.
As a family we are grieving, we miss him and we worry about him, but feel it was the right thing for him and for the rest of the family.
We are trying our best to work with the social worker who has taken over the case, it’s been quite difficult as she has made it crystal clear that her role is to look after his needs and not ours. That’s fair enough and I get it, what I want to know is what are my rights?

Do I have the right to know the address he’s at?
Do I have the right to see him or is that the social workers decision?
Do I have the right to make contact?
Do I need permission from social workers to speak to him?
Can I deal with foster Carers direct?

I’m not going to turn up at the address, I would like to send him some things though and know that he’s ok.
Feeling out of my depth and helpless with all the legal jargon.

[Miserylovescompany2]

Hello

As far as I'm aware you have PR - section 20 is a voluntary agreement. I'd request a meeting with the SW manager to sit down and discuss your son.

The decision you made wasn't an easy one. Yes, the SW is there for the interests of the child but they are also there to keep the family fully informed and facilitate contact when this is considered in the best interests of the child. If it isn't deemed at this time to be of benefit to the child you should be given a detailed explanation why these conclusions have been arrived at.

In answer to your other questions - it is not straight forward and is also dependant on the views, wishes and feelings of your son. Also the circumstances around the break down. Unless you are deemed a risk to your son then I believe you are entitled to know where he is currently placed and to meet the current FC.

Can I ask how old was he when you adopted him? Were you given any information regarding his background or biological family history - the reason I ask is because many conditions are hereditary.

Can I also ask what the behaviours are? I ask because my own 13yo son is in the care system due to extremely challenging and violent behaviour. All I wanted to know was that his needs were being met. I had to push for the sharing of this information and his location. It wasn't my intention to land on his door step, I just needed to meet the people/person who was taking care of my son. I also needed to let him know that I was still there for him.

I hope this helps?

[LadyJ]

Thankyou for your reply and for sharing. We adopted him when he was 5. (Along with his younger brother who we have kept). We had a lot of background information, eg parents drug addicts and low IQ, chaotic home life. His behaviours we’re always there, I guess we thought they would improve but they didn’t and with time got worse. We begged for help for over a year and it was only when we said we can’t do this any more that the help arrived, only the damage had been done then and we couldn’t see a way back. His behaviours where stealing, sexual, violence, total defiance animal cruelty and aggression. He was diagnosed with ADHD and attachment disorder. He struggled to retain any information, he showed no remorse to anything and spoke freely about wanting to hurt the other children. It’s been a horrific few years, especially for our birth children. In saying all of that. When he arrived, I promised him the world and tried everything to make it work, as well as guilt, I miss him. And although I feel he could never come back, I need to know that he’s ok and that he knows I’m still here.

[Miserylovescompany2]

I think I'd push for a meeting with both the social worker and their manager - I'd also bullet point what questions you'd like to ask. By the sound of things because of the severity of your sons needs he should be in a solo placement and once settled his needs assessed to establish what type of provision/placement would best meet his complex needs long term.

I'm sorry your family were pushed to this point - the help and support should have been in place from the outset. Unfortunately in so many cases the help isn't forthcoming and the damage beyond repair. You did your best - until a person is faced with such challenging and extreme behaviour they can not fully appreciate how much it takes from an entire family. It's physically and emotionally exhausting.

In your situation you didn't just have the need of one child to consider - you also had to ensure that everyone in your household was safe - if that meant one child would be better supported in a specialist environment then I think you've put his needs first too. That said - it doesn't mean you have stopped caring for him. Maybe in time your son will realise that this decision was not an easy one to make.

My own son entering the care system were under different circumstances to that of your own. I had also reached my limit and the help wasn't there for my family either. I took my own son to the police station - initially with the intent of having him spoken to. The previous evening we'd had a high level incident which culminated in police and a trip to the hospital. My son wasn't harmed - I was and so was his elder brother. Once at the police station the following day I just broke down. My own son wanted me dead. I could no longer cope. The household wasn't safe. He never returned. Children's services initiated court proceedings 3 days later under the category of beyond parental control.

[LadyJ]

Thank you for your reply. It was helpful and you’ve made some very valid points.
Since I posted last the social worker has been out for a visit. She has said they are starting care procedure. A lot of the meeting was a blare as at the start she said she will also be looking into whether our little one should be removed too.
It’s so unfair. He is thriving here, he doesn’t have memories of life before us. The only issue he had was his brother that was removed physically and emotionally abused him daily. She is talking about us giving up PR and not seeing him again.
I’m so confused. I thought I would still be able to be a part of his life.
She said they would like him to have weekly or fortnightly contact with his sibling to keep their relationship going. Is this a reasonable request?
I have no objection to them keeping in touch but I think it will be to much with my little one to deal with, I was thinking more every 3/4 months.
Who has the final say on this?
It’s so hard to make any decisions at this moment in time, we are still grieving and trying to rebuild our family.

[Miserylovescompany2]

Hello,

Can I ask if this was just the social worker who visited your home? I think you most definitely need to push for a face to face meeting with someone more senior. I agree that it's important for the two siblings to have and maintain contact however the risks need to be assessed prior to this to ensure both children are safe.

I think it's very important that you seek legal advice in the interim. ASAP!

Call the FRG number tomorrow if you can - it might take a while to get through but keep trying.

[LadyJ]

Yes it was just the social worker on her own.
I don’t want to sound stupid but...How do we ask for somebody more senior? Do I ask the social worker or do I have to ring the office? I’m treading on egg shells at the moment, frightened to say anything in case it goes against us

[Miserylovescompany2]

I'd phone the office and request to urgently speak with the social workers manager. Also ask for the name of the senior manager.

[Suzie, FRG Adviser]

Dear LadyJ,

Welcome to the Parent’s Forum. I am sorry to hear about the difficulties that your family has experienced. I can see from your posts that you struggled with your son for a long time and asked for help but that this was not forthcoming until it seemed it was too late.

You say that is has now been necessary for your adoptive son to go into foster care with your agreement-section 20 accommodation. Here is our advice sheet about accommodation .

Children services are considering court proceedings in respect of your son and will also be assessing your younger adopted son to see whether he should be part of those proceedings.

When children are in the care system (either accommodated or under a court order, such as a care order) their legal status is known as “looked after”. Any decisions about a looked after child-such as who they see and how often, and what school they go to will be considered at looked after children (LAC) meetings. In deciding what is in the best interests of looked after children, the social worker will carry out an assessment and your views as parent will be relevant and should be taken into account.
Have a look at our advice sheet about Duties to children in the care system .

So there should be a LAC meeting, chaired by the independent reviewing officer) at one month from your son being accommodated, then 3 months later and then every 6 months. Your sons care plan will be considered at these meetings. If there are major problems with your sons care plan-such as his placement breaking down, then there will be more regular meetings.
In answer to your questions in your first post:
Yes, as your son is accommodated, you do have the right to know his address.
As your son is accommodated, children services should promote contact between you and your son and other family members, unless it is not reasonably practicable or consistent with your son’s welfare. If he is made subject to a care order, then as a parent, you will be entitled to reasonable contact unless there is a court order stopping contact.
Because of the way contact is managed when a child is accommodated, it is difficult to talk about a right to contact. But contact is promoted unless it is not consistent with your son's welfare.
In practice, the social worker assesses and decides what is in your son’s best interests.
Sometime, to let a child settle in to foster care, contact is reduced, for example. Speaking to your son is considered a form of contact so again this will be considered as part of the assessment.
Ask the social worker about dealing with the foster carer directly.

The reason children services take care proceedings is to get legal parental responsibility for your son so that decisions can be made about him such as where he will live, what health support he will get etc. Care proceedings are also used to ensure your son gets the best long term plan. “Connected people”- friend and family should be considered to see whether they can care for your son before unrelated carers.
Is there anyone in your network who would be able to care for your son?

There should also be a pre- proceedings process. See page 8 of the advice sheet about care proceedings
You are entitled to a legal aid solicitor to represent in court and at the special pre proceedings meeting.
It is normal to assess other children in your family but as you say, your younger so is thriving so it is unlikely that he will be removed from you. However, contact between the siblings will be very important to both boys.
During the care proceedings, contact between the boys will be considered by the court. The social worker will assess contact. Your son will have his court guardian and a solicitor who will also be looking at his care plan including contact with his family. See advice sheet 15.

There has been recent research about sibling contact which you might find helpful. Here it is.

I hope this advice helps but if you have any questions, please post back or call our free and confidential advice line on 080 801 0366.
Best wishes,
Suzie