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Re: Urgent Advice
Posted: Mon Mar 18, 2013 4:02 pm
Suzie, FRG Adviser wrote:
Thank you for your update. I am really sorry for all the distress that this process is causing you. I agree-things are taking their time. However, you are still involved and doing all you can-I think that does help –also you still have parental responsibility for your child –so you should be consulted and kept informed at every step.
In respect of the process that should be followed by the Agency Decision Maker –I can see that the timescales for notifying you have not been followed-However, when you do get the reasons for the decision from the Agency Decision Maker- these should follow adoption guidance. Look at our advice sheet on adoption-page 13 (also look at chapter 1 paragraph 53 Adoption Guidance here adoption guidance
For example, did the Agency Decision Maker consider the new information about your circumstances-any new expert reports, your changed circumstances etc-when coming to the decision to pursue adoption?
I know that Ange has also suggested seeking advice from different solicitors-have you considered
this? I do know you have given your barrister the new reports-what advice has been given to you? Is there enough there to apply for legal aid.
You can get information about solicitors in your area here law society
.You can, if you want, call our advice line which is free and confidential (you can remain anonymous). Or the adoption charity After Adoption-I have mentioned them before-they have a lot of information about the adoption process.
Hi update in answer to your the decision maker has not received my therapist report or been offered it.
I have emailed my solicitor with regards to the false information in the Child's Permanence report and other errors and expressed that the whole report is one sided and makes no reference to the changes i have made or me even engaging in therapy.
I have left voice mail for socail worker asking about the false information in the report and for the minutes of the panels decision which they received on the 24th Febuary i believe but have not been told any dates. No one has replied to date from either party.
I do not know if i can send decision maker my therapy report as they have already based their decision on the false report already. I have no contact number or address for the decision maker nor has anyone told me i can send my views and report.
I have been through report thoroughly and high lighted and commented on date errors and all information that is false or incorrect yet i don't know where to send it.
I have sent copy to solicitor but doubt they are doing anything about it.
I have sent my therapist report to a lady that is on adoption panel in different part of the country as she was very interested in my case and she believes that my report is highly credible and would make any panel re think their decision.
I am at a complete lose as what to do now, with solicitor and social worker not replying to my messages.
Any suggestions please???? I feel time is of the essence as i await court date.
I have asked local mp for help, but i am not hopeful that she can help as i have remained largely alone and unsupported throughout with little information been given to me other than yourselves.
Re: Urgent Advice
Posted: Tue Mar 19, 2013 11:53 am
Thanks for your responses but CSC have clarified below why my Therapist report is not relevant.
Social Worker contacted me this morning and explained that they received an anonymous phone call to say i had tried to get contact without CSC knowledge. However they rang the foster carers who stated i indeed had not to their knowledge.
She said she would amend the report how ever the decision maker would not be expected to re read the report as that is not what they based their decision around.
I asked why my therapist report had not been sent to the decision maker and she stated that it is not relevant and explained that because they got a full care order any changes i have made or new reports would never be used as the placement order is based on the past.
She said that they satisfied the courts and met the threshold for full care order, and the plans for adoption and therefore the placement order is simply a minor part in the adoption as the full care order is what has allowed them to place my son for adoption.
She explained that all information i had sent regarding contact and my views that i had wrote down were sent to the decision maker but they still approved the adoption. She said she understands this is difficult for me but the adoption will go ahead because they met the threshold at final hearing, which gave them the majority responsibility of care for my son and the placement order is to remove your rights as a birth parent so the adoption can go ahead.
She stated that whilst i have changed my life and have not resumed any contact with ex partner and am in engaging in therapy the court were satisfied in October that i could not meet my sons needs within the time scale for my son.
So i feel i now must except that my new therapy report is not relevant nor any changes i have made, and they are going to have my son adopted. Social Worker says that the error in the Child's Permanence report does not really matter as they based their decision on the fact from the final hearing and before.
It appears i have no grounds to complain or to do anything further.
So in short once CSC have full care order it is completely irrelevant what you have changed or done.
Re: Urgent Advice
Posted: Wed Mar 20, 2013 4:11 pm
dear warthhog, I understand your frustration .The same happened with me. You should have no doubts that everything that CS is doing to you ( and your child) is a SYSTEMATIC abuse of your rights. Everything they do is done on the advice of lawyers.When I say SYSTEMATIC, i mean that now they have the full-care order ( which was obtained dishonestly in my view) you will be treated as a non-person as far as their decisions go. Any letters, requests for information , reports or applications you make will be systematically ignored( you won't get replies to letters) and they will ensure that anything favourable to you will not go to any independent decision-makers if they can possibly help it ( including any future court hearing. As before, your solicitors will let them get away with it unless you get another one.
As Suzie says when you still share parental responsibility you should play your full part in any decision-making as your right.The question is how can you get your rights?
Re: Urgent Advice
Posted: Sat Mar 23, 2013 11:11 am
dear warthhog, when the social worker declares reports irrelevant and disallows you from attending decision-making meetings etc.,she actually encapsulates everything which occurred during the care-proceedings.(She does not have the right to declare your input irrelevant because of previous court decisions; you should be involved in all decision-making as is your right according to the Full care order which states you share parental responsibility.) Likewise she had no right to declare your input irrelevant because she was of the opinion that you were a liar and could not be trusted. She failed to carry out a proper core assessment etc. or consult you properly before taking action.
I have been thinking about something you wrote before. According to her there was an anonymous 'phone call which made allegations about you.When our full-care order was issued ,I wrote to the social worker expressing the intention of working with her in accordance with the care-order and asking her to write back enclosing a full list of rules etc. which we, as parents, were expected to follow.I received no acknowledgement of receipt and no reply.The social workers simply ignored me as they have most letters subsequently. As with you, they probably judge them irrelevant. Later on, when we went to court to get the placement for adoption order removed, they declared falsely that we refused to accept the court decision,continued to argue the case and were unable to work properly with them.
At court ,they also made allegations that my wife was intoxicated at two contacts in their opinion THUS WE COULD NOT BE CONSIDERED AS CARERS FOR OUR OWN SON WHEN THE ADOPTION ORDER WAS REMOVED. I need hardly say that the allegations were untrue and even had they been true there had been scores of other contacts and no allegations were made after those.Of course they weren't even mentioned . Consequently ,our son was placed in long-term foster-care. Our solicitors failed to argue our case as before.
Anything for you will be considered irrelevant ,however, the slightest thing against you such as inaccurate anonymous hearsay or 'phone calls will not be considered irrelevant and put to the court dishonestly just as happened at court. Be prepared for it. We trusted our solicitors again but were let down again. This is why you must be very careful when you choose another.Why not ask Carla at Parents against Social Services to recommend you a good one?
Re: Urgent Advice
Posted: Sun Mar 24, 2013 5:25 pm
Thanks for your response. I have been told by my legal that legal aid funding will be withdrawn from 1st April for family law, so i am unable to get funding.
My legal team stated i needed to get relevant statements from Therapist, Domestic Abuse and my partner and send them to her. Then she would look at them and assessor if i had made enough changes in my life to have a case.
I did what they asked of course and got an outstanding therapist report and others, yet i keep writing e mails to my solicitor asking if report good enough? asking if they can represent me? telling them about the false information within Childs Permanence Report ?? asking if i have legal right to send my reports to Agency decision maker?? All i get in response is out of office, or they simply say they are waiting to hear from LA legal team!!!!!!!!!!!!!!!!!!!!!!
So they cant be bothered to answer any of my questions!
People have advised me to seek new legal team, but with legal aid been scrapped and so far in the proceedings i dont think any other firm will take this case on.
There appears to be very little i can do.
Re: Urgent Advice
Posted: Thu Mar 28, 2013 11:28 am
dear warthhog, I am sorry to have to say this but some solicitors can be extremely deceptive and unhelpful just like social workers. If yours have told you all legal funding re- Family Proceedings Public Law cases is to be stopped on April 1st ,I DOUBT IT! If it is ,then any solicitor with any sense would have made an application before that date as a matter of urgency if they knew you required it. Also ,they would have a duty to consider alternative funding with you and give you an estimate,I would have thought.
I wasted lots of time with my original solicitors as ( stupidly) I still had some trust in them.They ignored me too .Eventually, when I got another solicitor and applied for funding,it transpired that my previous solicitors had a legal funding certificate for me all along.That was cancelled and another issued to the new solicitor.So ,although I had legal funding, those original solicitors were ignoring all my mails and 'phone calls. Unfortunately, my new solicitor proved as useless as the others and actually pulled out on me half way through my new case and then a further new one was just as bad. This is why I suggest you be very, very careful when choosing a new one as I don't want you to gfall into the same trap as we did and waste loads of time.Good luck etc.
Re: Urgent Advice
Posted: Tue Apr 02, 2013 5:41 pm
Thanks Ange, I still have heard nothing from my solicitor!!!!!!!!!!!!!!!!!!!!!!!!!! I feel i have done all i can now. I have involved Local Councillor, Local MP, Lead Councillor for Children's Social Care, Chief executive of My area and Director of Children's social care!!!! Pretty much think nothing will happen but at least i have all the emails and tireless effort of fighting for my son.
Its Media next, cant say they weren't warned, I change my life get new therapist report and they simply tell me, It didn't matter what you learnt or what you changed it wouldn't have made a jot of difference in the time frame for my son!!!!!!!!!!!!!!!!!!!!!
Hello is this the very time frame listed as important due to my sons age when its taken them over 4 months and still no placement order!!!!!!!!!!!!!!!!!!!!!!!!
Then once they get their order they want my son to remain in foster care for further 6 months in order for him to be more sable and secure before prospective adoptive placement!!!!!!!!!!!!!!!
Re: Urgent Advice
Posted: Fri Apr 05, 2013 10:59 am
dear warthhog, very few adoptions are arranged within suitable time scales. As I hinted before, when in court at the hearing when the adoption placement order for my son was issued,my barrister told the judge that it was most unlikely the child would be adopted because of his autistic difficulties and that it was our intention to apply down the line for the placement order to be removed and the child to return home.The Judge thought carefully and stated that the "time-scale for an adoptive placement to be found before we make such an application was six to eight months".( Please note that the CS solicitors then asked that in that event they wanted the same judge to which she agreed).
I believe that when they made the care plan, the CS were deceptive and incompetent.They probably knew themselves it was highly, highly unlikely a placement would materialise but made the plans for their own reasons not for the child's benefit at all.
At the time we had the same difficulties with solicitors just like you are having now and we were kept waiting 15 months before we got legal funding then a further year and a bit before we got to court to have the order taken off.During this time our son ( 4 years of age) was in a residential care home which was totally unsuitable and he would still be there had we not intervened. Despite our continual representations to social workers and at LAC reviews ,we were ignored. When we finally got the placement order lifted and he was taken out of the residential home and fostered with his sister, guess what, the social workers claimed all the credit for agreeing to it and carrying the new plan out even though they had disagreed and ignored us for two years!
You should apply like us because IN TRUTH they may probably not have any intention of getting him adopted either .
This is what your solicitors should be advising you but they won't even take you seriously.This is because they aren't really on your side at all.