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how do i get a care order returned?

Posted: Sat Dec 23, 2017 3:29 am
by LB123
hi all trying to keep this in a nut shell as much as poss, oct 2014 my daughter walked herself to school after a trip id suffered and didnt wake up she reported me unwell to the head but it wasnt until 4.30 when id failed to wake all day and failed to collect my 9 year old daughter from school, the police done a welfare check, i was clearly disorientated and not very coherent although i kept repeating i was feeling unwell when they asked if i knew what time of day it was etc, they deemed me being unable to parent my daughter, which i accept for a short period until we could clarify the problem, i was clearly a vulnerable adult,buti do NOT agree on the grounds they accused me of, the social services had, had involvment due to domestic violence but before having me medically assessed for their allegations of being "away with the fairies" or intoxicated, they removed her to foster care, june 2015 8 months later, whilst doing my best to turn my life around i get admitted by emergency ambulance that id now suffered a full blown stroke,confirming 8 months prior id suffered a t.i.a, this time paralysing my left side, I spent 5 months in hospital, another year learning to re function, still maintaining contact and doing what a mother should do, now as much as ive tried to "work with " the they will never give her bck all the while im plodding behind their Carrot and stick, im in a stable home, my health is managable, my finances are enough, i want to know why im not an acceptable mum now and id like to know if not then what do i need to do in what time scale as the s,s are just not encouraging family contact enough, the foster carer is becoming very personal, Im struggling, please help..... xx

Re: how do i get a care order returned?

Posted: Sat Dec 23, 2017 3:38 am
by LB123
i would also like to add that the NHS followed my story, Im in the local health care mag as I was only 30 and had suffered two strokes which had huge effects on my life, Im very determind not to be broken but ive battled my health everything is as normal as it should be now and i have no partner im unable to get thru to the s,s ... i need to go to court and get the judge to decide, Ive seen my local M.P xxx xxx not that he was the help I had anticipated though, Im losing a never ending battle unless i just fold over and wait till she 18, even though in court childs guardian recommended 9-18months but i had a stroke in between, so 3 years later - aaaaaaaaarrrrrggggggggggggggggggghhhhhhhhhhhhhhhh

Edited by Suzie to maintain confidentiality

Re: how do i get a care order returned?

Posted: Sat Dec 23, 2017 3:57 am
by LB123

Re: how do i get a care order returned?

Posted: Wed Jan 03, 2018 5:33 pm
by Suzie, FRG Adviser
Dear LB123

Welcome to the Parents’ Discussion Board and thank you for your posts.

My name is Suzie, online adviser at Family Rights Group.

I see you are feeling upset and frustrated by the situation you find yourself in following the removal of your daughter from your care 3 years ago. You feel aggrieved because the decision to remove your daughter was on the basis you could not care because of alcohol/drugs or being unwell.

Your health deteriorated but this was not taken into account. Unfortunately, you suffered a couple of strokes and it has taken time for you to get to a place where you feel able to care for your daughter. Part of the difficulties you had at the time your daughter was removed came to light as being ‘mini strokes’ which affected your ability to communicate coherently.

As your daughter is subject to a care order and, I assume, in long term foster care, you could ask children’s services to carry out an assessment with a view to your daughter being returned to your care. If children’s services are not willing to do the assessment, then you could apply to the court to discharge the care order. If you were to make such an application the local authority and the children’s guardian would be parties to the application. Do you attend looked after child (LAC) reviews? Has the possibility of being reunited with you daughter been discussed? I suggest you speak with the independent reviewing officer (IRO) about your wish to have you daughter home. Here is an explanation of LAC reviews from our A-Z of terms

The nature of your condition was seen as unusual due to your age and was looked into further and you have evidence of this. This might provide evidence to the court of your circumstances at the time the order was made. You mentioned that you were in an abusive relationship, did children’s services at the time of their involvement suggest that you separate from your partner to safeguard your daughter and were you prepared to do so? As you are not now in a relationship this could support your position that you have made significant changes to your life since the order was made. It will be important for you to show that the concerns that existed at the time of care proceedings have been addressed. The court has to consider what would be in your daughter’s best interest and her welfare will be the paramount consideration for the judge. The fact that she has been in foster care for 3 years and settled will be looked at as well whether it would be good for her to change.

I note you state the Guardian suggested 9-18 months, was this included in your daughter’s care plan. Once there is a care order in place the local authority children’s services can make decisions about where your daughter lives and other matters for her upbringing. The care order gives parental responsibility to the local authority which can be exercised over and above yours.

A copy of our advice sheet relating to the duties children’s services have when a child is in the care system is here for your information.

For more information about children being reunited with their families a copy of our advice sheet for you to read.

Having completed the appropriate form, you will need to take or send it to the court with enough copies for everyone who will be a party to the application to discharge the care order. There is a fee payable to the court to make the application, although it is possible to apply for an exemption from the fee or a reduction in the amount paid.

I have responded to all of your posts here rather than individually.

Should you wish to discuss this in more detail, please telephone our free confidential advice line on 0808 801 0366. The advice line is open Monday to Friday from 9.30am to 3pm.

I hope this is helpful.

Best wishes