Discharging care order

[Cat55555]

i have my son at home but not my little girl, my thresholds for a care order was I was in a domestic abuse relationship but I had left this 2 years prior, my mental health suffered in the relationship but I have no diagnosisis just depression at time and nothing but positive mental health and not on medication i have been checked by gp and pyschiatric team and nothing wrong no depression or anything for since Dec 2016 when I left. I have even done domestic abuse courses and everything to meet the thresholds that was put down but past existent at the time. I know I’m not entitled to legal aid automatically but a solicitor has put it forward to try as compared to her I’ve done over and beyond the 3 things the court order wanted me to do the rest I’ve done for my own beneifit. My 2 kids have different dads my little girl in grandparents care.

My point is I’ve done enough for a successful discharge for discharging care order but how likely is that it is enough and that they will discharge it even if ive everything and not entered into another domestic abuse relationship and I also work now withdomestic abuse victims and at college in middle of level 2 mental health and my counselling course towards a degree to help others. I start my diploma in September then the degree year after.

I know it’s 6 months after but the thresholds were made on last events not current we end up at court because my ex kept making allegations upon allegations from drugs etc which I did tests and all sorts to prove he was causing conflict and jealousyy allegations constant over my sons dad coming to house to pick my son up and got jealous and tried to cause a lot of trouble calling social etc my sons dad passed any safeguarding checks thrown at him with social services butcauswd a right mess In court.

Any help on do they actually discharge care orders if you have done above and beyond everything as everyone says they hard to discharge. My little girls attendance in grandparents care is 88% for a 6 year old while myson has 100%.

Any help please

[Suzie, FRG Adviser]

Dear cat55555,

Welcome to the Parents Forum.

I am sorry to hear about the domestic violence you suffered and that your daughter was made subject to a care order. You say your mental health was also an issue. You have now addressed both reasons. It is not clear from your post whether the psychiatrist or psychologist made recommendations of any support you could seek. If so, have you undertaken any therapy suggested? The court could ask that the expert re- assess you.

Your daughter is currently placed with her paternal grandparents-who will be foster carers because there is a care order. However, your son remains living at home with you.

A care order means your daughter will have a social worker and there will be regular looked after child (LAC) reviews. Have you discussed your wish for your daughter to come home and the changes that you have made with the social worker and independent reviewing officer and asked for these changes to be assessed?

To discharge a care order, you would need to prove that there has been a change in circumstances since the care order was made and also that is in your daughter’s best interests to return home. Her best interests will be assessed by referring to the Welfare checklist.

As you say, legal aid is not automatic (as it is when there are care proceedings). To be awarded legal you would have to pass a means and merits test. The merits test is based on the likelihood of success.

Your solicitor, who will have access to the court papers, thinks that it is worth applying for legal aid which I think is telling. You list all the support you have obtained and it seems that you are addressing -like you say -over and above the main reasons that the care order was made. Ask your solicitor if there is anything else you should do.

You could read through the courts judgment-to look at the reasons why the care order was made? You could check that you have addressed everything that has been raised by the judge.

It is most likely to be the same CAFCASS guardian representing your daughter. You should read through the final guardians report.

Have you asked for an assessment by children services? Often children services themselves will make an application to discharge a care order.

Before your daughter returns home from care, an assessment would need to take place to see what support you would need. If your daughter was to return home, then children services may continue to be involved by providing support. How is your relationship with the social worker? What about your contact with your daughter? How regular has this been and has it being going well? Does your son have contact with her as well? Any return home is likely to include an increase in contact with your daughter to test how this goes.

A family group conference can be used to look for help and support within your network to support your daughter coming home. You could ask that one be arranged. Have a look at our advice sheet about Family Group Conferences .

For further information about children coming home from care have a look at our advice sheet reuniting children home from the care system.


I hope this advice help but if you have any questions, please post again or call our advice line again on 07808 801 0366.

Best wishes

Suzie

[Cat55555]

Hi suzie,

The psychiatric team said in letters they will no longer further assess me as I’m mental well and I do not need any psychology or psychotherapy to address domestic abuse. I do not need medication as ive not experienced depression since 2016 when I left the relationship. All gp files back up only mental health I had was In domestic abuse no diagnosis.
Court order asked me 3 things to work with **** as he inherited my ex behaviour, he’s had anger courses and now described as school a polite young man with 100% attendance awards. I have done the gp counselling for self esteem and abuse and they wanted me to do psychotherapy for the domestic abuse but professionals is stating I do not need it. The cafcass guardIan only put down I didn’t have insight to the domestic abuse as I was saying it wasn’t my fault I couldn’t leave or his behaviour and explained everyone I did leave he got worse, and then police calls on my ex for harrassment then got worse when called police to me and my friends and family. The insight was I took him back still but the care order was in place 2 years after last assault on me and I have never gone back after that and never will. I cut all ties and co parented with his parents after he threatened my son from a car and we had to have more police involved. Social services states they are not going to discharge the care order under this circumstances I’ll copy and paste

Should the CO be discharged and Xxxxx rehabilitated back into Ms xxxxx care, the LA would have significant concerns that Xxxxx would not have the opportunity to enjoy positive and meaningful contact with her paternal family and may again be subject to emotional harm in respect of Ms xxxxx mistrust of the paternal family.

This is there only concern my argument is A a child arrangement order like cafcass advised when come back. B, no one stopped him the judge made that decision herself and supervised for him with my girls disclosures on him. Had nothing to do with me it was the judge.

They aren’t playing DV or mental health just the above.

I’ve been advised by LA nothing else I can do or my solicitors said court order wanted 3 things I’ve done probably over 10 now.

So I’m hoping I have a good case as long as my ex doesn’t cause conflict in court and it will go against me his behaviour again.