Breach of care order

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Joined: Tue Dec 15, 2015 8:02 am

Breach of care order

Post by Minnie » Sat Apr 01, 2017 5:47 pm

I need a bit of advice, my children were placed with their father under a full care order in August 2016. I was told by barrister and solicitor to go along with plan to place the children with their father as they felt if I went into court to fight this decision that I would lose and would be in very negative place and if the children's father failed in the placement, they children would go into long term foster care and bypass me. The psychologist thought the children should be returned to me and the guardian was borderline with recommending him. I was told by the barrister and solicitor that they felt he would fail, they also said that I may have lose the battle but I haven't lose the war.
In October 2016, the children's father and his partner spilt up(the guardian raised concerns about this), things have gone massively down hill since then. He didn't leave his ex partner house even though the local authority told him that he needed to move out, in December they sat down and told formally told us to sort the housing situation, I was incorporated into this as we were joint tenants in my property, he couldn't get social housing through the council because of the tenancy as a result I had to give notice on the tenancy. I moved in January and he was thrown out by ex partner on valentines day and he moved into his mothers. He turned down three houses offered by the council, he moved into a house in next village from me and is moving again next week into a house closer to his mother's(he is only 15 minutes away now). THat will be 4 moves for the children since the 14th February. My youngest daughter got permanently excluded on the 4th January due to her behaviour, she is currently in school for 15 hours per week in a pupil referral unit(this is below the legal level for education). My oldest daughter has been referred to the educational welfare officer due a low level attendance which appears to be lateness, the social worker wont tell me why, she told me to wait for lac review.
I had a meeting last week with the social worker which I was told when I arrived that it was a contact review, contact wasn't discussed. I was told very quickly that a breach meeting was to take place which I had heard of but didn't really know what it was. I was told that the breach was that he wasn't engaging with the children's cbt therapy as he wouldn't let her in the house and the length of time it took him to move. I have had a solicitor since before Christmas and she told me sit and let it all unfold. I have followed this advice. I have spoke to the children's father this week, he asked me what I knew of the breach meeting and when it would be. He told me that the social worker told him one of the breaches was that we colluded over a Christmas day phone call(he called me and just put the children on the phone). I told the social worker about the phone call as soon as the office opened after Christmas and I was told not to worry. I think he doing this to wind me up and to place the blame back with me. I have been advised by the solicitor not to communicate with him, I intend to follow this advice.
The children's social worker has started to be more reasonable with me, she will talk to me and has stopped ignoring my phone calls. She is putting arrangements in place for my best friend to supervise my contact with my oldest daughter, my youngest will still be supervised by the local authority due to her behaviour. She seems to be more positive with me. I think is starting to real person with the children's father not the way he portrayed himself going through the court process.
I'm not sure when the breach meeting is going to be other than soon, it is the hands of the legal department at the local authority. The lac review is on the 4th May.
The children are really struggling at the moment, my youngest daughter's behaviour is starting to build again in school, she settled down a little bit but is starting to hit and kick, been defiant. The school feel that the change of primary carer has unsettled her, she isn't good with transition and change. She has had five primary carers in the last 18 months, none of them been her father. She has an attachment disorder, odd, adhd and asd. My oldest daughter has gone very quiet and subdued. She used to be a confident and chatty child and she presenting as the opposite at the moment. Her father is choosing her friends for her, she isn't allowed to be friends with girls that she has been friends with since she was 3(she is now 10). He is very manipulative and controlling.

I'm very worried about the children and the children returning to foster care, the social worker is saying this last resort at the moment and the solicitor has said if they go down this route, she will get an injunction to stop them going into foster care under the human rights act. I'm trying my best to work the social worker which I'm finding quite easy, I still don't trust her completely, she has disadvantage of a very negative experience with the previous social worker.

The children's school I starting to inform me of any changes taking place and the social worker is starting to include me in things, this feels that things are more positive for me at the moment.

I would like some advice as I'm fighting for my daughters to get the education sorted and the current support put in for my youngest daughter. The breach meeting is frightening me as I have so little control over what is happening, I see the children for hour each over a 2 week period, I see one child each week for an hour

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Suzie, FRG Adviser
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Joined: Mon Jul 04, 2011 2:57 pm

Re: Breach of care order

Post by Suzie, FRG Adviser » Wed Apr 05, 2017 2:27 pm

Dear Minnie

Thank you for your post.

I can see that a lot has happened since the court made the care order and the children moved to live with their father. I know that at the time you did not think it was the right placement for the girls but followed the advice from your legal representative.

It seems that things have got progressively worse in respect of their father’s behaviour and the negative impact on your daughters. Children’s services can see now it seems that the father’s behaviour and treatment of the children is less than appropriate.

I am sorry that all the changes in that have happened to your daughters has affected them so much and it is a shame that your eldest daughter has not been able to maintain her friendships which at least would have been a constant for her with all that was going on.

As far as your daughter’s education is concerned, as there is a care order, the duty to ensure she is in proper education lies with the children’s services. Please see our advice sheet on the duties that children’s services have when a child is in the care system. You continue to share parental responsibility so have the right to voice your concerns and continue to insist that something is done to ensure that your children’s education is not disrupted. I suggest that you put in writing to children services the concerns you have about the children’s education. You can do this yourself or ask your solicitor to do so on your behalf.

At the next looked after child review (LAC) you can make it clear that you are not happy with your children’s education and what is being provided is not adequate to meet their needs. You should insist that a clear plan regarding their education is agreed. It is a duty that children services should not take lightly as it will affect their education later on as well. Please have a look at our A-Z terms here

My suggestion is that you continue to engage and work cooperatively with the social worker as this will show that you are putting your children’s needs first. It appears to be paying off already as the professionals are being more open with you and taking account of what you have to say.

You have been also engaging with and following your solicitors advice and I think it is important that you continue to do so as he or she knows all the details about your case and is the best person to advise you. I am only able to give you general advice.

I hope this is helpful but please telephone our advice line if you wish to speak to an adviser. The advice line is open from 9.30 a.m. to 3.00 p.m. Monday to Friday (excluding Bank Holidays).

Best wishes


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