Advice needed pls

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NJE128
Posts: 1
Joined: Thu Mar 05, 2020 7:39 am

Advice needed pls

Post by NJE128 » Mon Mar 09, 2020 7:44 pm

My disabled daughter was placed in residential care with my permission due to her unpredictable behaviour and the impact it was having on my family , I agreed to this with the understanding it was to help all of us including my disabled daughter. I have my own health concerns my husband was her full time carer , social services said it needed to go to court to be done properly, I asked the team manager we are going to court on the same side ? I'm not fighting you am I ? As we all agree residential care would be better for her , team managers reply was correct we are working on the same side we just need it confirming by the judge it's a formality and procedure we have to go through . Court date soon came around end of July 2019 , social services applied for a care order in respect of my daughter going into residential, now a care order ? That wasn't mentioned also shared PR which wasn't mentioned, my solicitor was in Spain on holiday and we had a barrister who had only picked up my daughters file night before court and briefly scanned through it we hadn't met with him before he knew very little about us or us about him first meeting was in court , residential care I still agree with it's better for her however I never agreed to share PR social services 51% and me 49% how is that shared it clearly isn't , I can't complain about our contact it's unsupervised at my home every weekend all weekend , more during holidays and half terms we have open contact . I'm so desperate to get my full PR back it isn't right , I still fully clothe my daughter buy her toiletries bedding shoes give her £20 pocket money every week buy her wet wipes and anything else she needs including gifts , we take her to all of her hospital and clinic appointments we pick her up and return her to the residential home , how can I revoke the care order and get my full PR back pls if social services for what ever reason isn't happy to have a no order principle can a lessser order be put in place to secure her residential placement and keep them happy thanks for reading all of this I do feel let down by social services sadly as they clearly lied surely there's a way to get my full or back and revoke the care order please someone help me and shed a little light many thanks 🙏 :?:

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Suzie, FRG Adviser
Posts: 2632
Joined: Mon Jul 04, 2011 2:57 pm

Re: Advice needed pls

Post by Suzie, FRG Adviser » Thu Mar 26, 2020 6:27 pm

Dear NJE128

Welcome to FRG’s parents’ discussion board and thank you for your post. My name is Suzie and I am FRG’s online adviser. I am sorry for the delay in responding to your post.

I will respond to the points you raise first. But at the end of my response I will flag up some new issues you may be dealing with now which may have come up for you since you posted because of the escalating coronavirus (CV19) situation and how it is affecting families involved with children's services.

I can see that you are very involved in providing for and supporting your daughter, who has a disability. She was placed in residential care because of her needs in relation to her disability, her challenging behaviour and the impact of this on the whole family including the pressure of being carers. I think this was a voluntary arrangement (section 20) to begin with but last summer the local authority applied for and obtained a care order for your daughter. You feel that you had very limited legal advice at the time. It certainly sounds as if the issue of what this means in terms of shared parental responsibility was not made clear to you nor the threshold for making a care order.

You are very unhappy about the shared parental responsibility aspect of your daughter’s situation and are asking how you can revoke the care order or put a lesser order in place. I am not sure if you feel that the care order being in place means that decisions are being made for your daughter that you are not consulted about or that you disagree with. Or whether it is mainly the fact that children’s services are in this position of authority (and that you were unaware this would be the case).

Apart from this you seem to be satisfied with the care your daughter receives and with the regular high level of contact you and your daughter have; this is open, unsupervised and hopefully is a positive experience for all of you.

As you are very unhappy about how children’s services worked with you and that you feel they were not transparent with you about the care plan I think you should ask for a meeting to discuss and to address any concerns you have – ideally this should be with the social worker, team manager and Independent Reviewing Officer. It might be that this would help you have your views heard and to move forward. Children’s services should already be consulting you and keeping you well informed about your daughter. If there are areas of disagreement this would be an opportunity to try to resolve them.

If you are intending to apply to end the care order I would recommend that you should consult with a solicitor first. In fact as you are dissatisfied with the legal representation you could raise this with the original solicitor.

In order to apply to end a care order you would have to show that there has been a significant change in circumstances since the order was made. This could be very difficult to do as your daughter’s needs and your circumstances are unlikely to have changed much since last summer.

You would also have to show the court why you think it is in your daughter’s best interests for the care order to be ended. The court would then look at any current risk to your daughter.

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Since you posted the coronavirus (CV19) situation has escalated and this is resulting in major changes in terms of guidance around self-isolation and staffing in residential homes and contact arrangements for children. You have most likely already been affected by this and your daughter’s social worker should be consulting you about what is proposed. Where direct face to face visits cannot safely happen indirect contact can be set up in a number of different ways including telephone, Skype, social media, emails, letters, blogs and vlogs etc. Children’s Services must promote ‘reasonable’ contact.

Please be aware that as a result of the Coronavirus (CV19) situation any meetings with children’s services now will probably be remote – online, Skye, email or phone.

FRG will be publishing top tips for parents on contact during the coronavirus (CV19) crisis imminently so please look out for this.
You may want to post back with an update or call our freephone advice line on 0808 8010366 (Mon to Fri, 9.30 am to 3.00 pm, except bank holidays) if you are experiencing difficulties and need some advice.

With best wishes

I hope this is helpful.

With best wishes

Suzie

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