re: custodial father in prison, now to get my girl back

[zubie123]

Hello again.

Things are going well everything is looking positive for me, all assessment's are complete and positive, drug tests negative, the only thing that is concerning me is the viability assessments that social care have carried out, they done 4 originally and two were positive. Now they are saying that they can only put one of the positive assessment's forward, my ex's mother contacted her solicitor and has been told that they cannot do this, if they have two positive then they must put both forward so ex's mother got her solicitor to send a strong letter to social care legal team regarding this. Today I have found out that social care have now accepted my ex's mother to be put forward and told my uncle and aunty that they will not be considered anymore! Surely they cannot do this!? I need every one possible put forward to ensure my daughter is not placed in adoption. It seems to me they are rapidly running out of time and are trying to cut corners and bend rules! I'm pretty sure if my uncle and aunty had money to get in touch with a solicitor like my ex's mum did social care would soon change there tune. Can you please advise me on this so I know whether what there doing is by the books so to speak?

11th december update:
I received an email yesterday from my solictor which was forwarded from social care legal team, basically my ex partner is not co-operating and needs a lot of further testing to investigate his mental health so he is pretty much out of the question, all of my assessments have been positive, in the email from social care legal team are requesting a final hearing before christmas to get the courts views on whether i should be able to have my daughter for a longer amount of contact leading to over night stays during the christmas period, but also they are asking the courts whether they are in the view that this is an exceptional case and if it should take longer than 26 weeks to finalise! now i am totally confused, now the final hearing will be put back even further (should be 9th feb for 5 days) but they will possibly be allowing me to have my daughter over night, so what happens will i be able to have her back at christmas then in the new year will i have to be supervised in a family center again? It does not make any sense, they are not carrying out assessments on anyone else now as mine are all positive and they have said i am able to care for my daughter so why is it going to take even longer to finalise? Can anyone assist me on this please?

[Suzie, FRG Adviser]

Dear Zubie123

Thank you for posting back. I am so pleased that your assessment has been positive. This is really good news!
I will try and answer your questions:
1)26 week court timetable being extended.
Since April 2014,the law was changed so that all care proceedings had to be completed within a timetable of 26 weeks.
The court can order an extension beyond the 26 weeks only if the court considers that the extension is “necessary to enable the court to resolve the proceedings justly”. The courts are very reluctant to do this because it casues delay.
The local authority in your daughter’s case is applying to do this-to have more time. Any party (including you) can oppose the extension. In the end the court will make a decision whether to keep the final hearing in February or re time table-which may mean many months later.

I think they want more time for 2 possible reasons:
1. Because of your positive assessments. I think they want to test how more contact with your daughter goes. If it goes well, then they may want her to come home-but with a “safe” court framework around-in case things don’t go so well. So it could be that your daughter is back home with you-and there are still court proceedings. They would, only do this if they thought there was a good chance of success. It would be too traumatic for your daughter to come home only to go back into care.

2. As dad has not been cooperating fully with the assessment-children services may want more time to assess him.
Ask your solicitor what it means for you.
2) Viability assessments.
It sounds like children services have commenced full assessments of both relatives but exes mum showed that she was the better potential carer for your daughter. They would then take this assessment to the fostering panel.
However, your uncle and aunt could challenge the decision of the local authority. See our advice sheet about. friends and family carers becoming foster carers .
Your aunt and uncle should also consider whether to come to the next hearing and apply to be joined as a party to the care proceedings.
I am glad that things are going so well.

Best wishes,
Suzie

[zubie123]

Hi Suzie,

Thanks for your reply. I had a meeting with social worker on wednesday, they have said that they want me to have my daughter back under a supervision order which is great news but they do not want me living at my mothers address because of a minor caution my brother received last year, social care want me to live at my ex-partners parents house until i can get my own place!! I cannot believe they have made such a decision as this is the area that my ex partner lives and he will know of our where abouts so i do not see how they think this is safe! and they said they want me to have my daughter back as long as i have the support of my family yet they want me to move away from my family! I am going to struggle getting housing as my ex partner racked up 3 grand in rent arrears at our previous property so i cannot be put on any housing list until that is cleared, my only option is private rent which i cannot afford! i know there is nothing you can do i would just need to rant!!

[Suzie, FRG Adviser]

Hi Zubie123

Given the risks of your exe-I am surprised children services want you to live with his mother and family. Is this only while he remains in prison? Even if this is so, it may still make you and your daughter vulnerable when he comes out-because you are relying on his family. You need to know how long you are expected to live with your exes mother. You could ask about timescales. What id the long term plan for you and your daughter?

I think it would be helpful if you took housing advice as well. Find out about all your options? How can the debt be managed? Can you get your home transferred into your name-agreeing to clear the arrears off them in manageable amounts? Shelter.

Best wishes,

Suzie