Advice please regarding discharging care order

[nessie]

Hi all, this is my first post...
I was just wondering if anyone had some advice about applying for the courts to discharge a care order.
The courts made the order in May this year. I had intended to fight but due to being emotionally worn down by CS and the whole process I withdrew my opposition on the day of the hearing. I have some mental health issues (the basis for CS case) but I have been stable for a year. Is it too soon for me to go back to court?And would I be entitled to legal aid again?
Many thanks for reading.

[Saraheve]

Tell the lac review officer, the social worker and the solicitor your plans and see what they say. Good luck

[Suzie, FRG Adviser]

Dear Nessie

Welcome to the Parents’ Discussion Forum. Thank you for your post, I see that you joined some time ago but this is your first post.

My name is Suzie and I am the online adviser at Family Rights Group.

I am very sorry that you were feeling too distressed that you decided not to contest the local authority’s application for a care order in the care proceeding. As a result a care order was made in May this year.

Normally, you cannot make an application to discharge a care order within six months of the order being made to the court.

It is really good that you are now receiving additional support to deal with your mental health problem and you are now feeling stable.

I know that it is hard to have a child or children removed from your care but if you are able to try and take a view that it will give you time to work on yourself to better able to care for your child or children this is likely to help you cope with your situation. You will learn ways to manage your children’s behaviour and boundary setting. If these were of concerns prior to children services becoming involved.

As I do not know all the details of your case, it is not really possible for me to comment on what children services could or should have offered you as support. This is not likely in the short term as you cannot do an application to discharge a care order within 6 months of the date it was made. Did your legal team advise you regarding the possibility of an appeal of the court’s decision to make a full care order? It may be that there were no grounds for an appeal.

My suggestion to you is that you should read the judgement given by the judge at the time the care order was made and try to focus and concentrate on dealing with anything that the judge stated was a reason for your child or children not remaining in your care. You will need to show that you have made significant changes or sufficient change that can be improved with support. It will always be possible for you to consider making an application to discharge the care order at an appropriate time. Please read our advice sheet about a child being reunited with family from long term care. It is really very important that you read the judgement, if you do not have it, your solicitor should be able to provide you with a copy. You will need to address the concerns the judge mentioned or you will not be able to convince the court to discharge the care order unless these have been addressed in a significant way.

A copy of our advice sheet about the duties that children services have when children are in the care is here for your further information. I hope that the care plan is for you to have good contact with your child or children while in care. Any difficulties about contact should be raised with the social worker and the independent reviewing officer (IRO). No change and this includes contact should be made to the final care plan approved by the court without a review meeting

Try not to despair but focus as much as you are able to work with children services and other services with a view to improving your situation. This will be the best way to have a good outcome. You should try to get to the point where children services would be happy to carry out an assessment for the discharge of the order and, even if they are not, you feel confident that you have done enough for the court to make a decision in your favour.

Unfortunately, there is no automatic entitlement to legal aid to discharge a care order. You may have to represent yourself. Do read the advice sheet included above for more information about this. It is important that you are having very good contact before making an application to the court, so it might be best for you to work towards having more contact.

You may wish to speak to an adviser and, if so, please do telephone our free confidential advice line on 0808 801 0366. The advice line is open from 9.30 a.m. to 3.00 pm. Monday to Friday.

I hope you will find this information helpful

Best wishes,

Suzie

[nessie]

Thank you both for your advice although your answers do not fill me with much hope. So if I may not be entitled to legal aid and cannot afford a solicitor I would never in a million years be able to represent myself. I didn't have a judge I had a panel of three ?barristers? I cannot remember what they were called. I am quite an intelligent person but I felt like a fish out of water. Nobody explained the procedure and I could not make sense of the language they used in the court. I feel extremely let down by the FIVE different social workers involved in the case, twisting things, saying that I was aggressive when I was just being assertive; my solicitor who I do not think was really on my side; the independent psychiatrist who said I would almost certainly commit suicide.
I just do not know what to do. How can I learn different parenting strategies when I only see my children for four hours a month? I have attended Incredible years twice, Strengthening families strengthening communities, ****, Time out for parents. CS have given me no support whatsoever, I do not exist in their eyes. I do not trust them either, I told them I would not be attending the first LAC because I could not be in the same room as SW and the minutes of the meeting said I gave my apologies. I would have thought the decent thing to do would be to point me in the direction of the IRO so that I could still be part of the review.
I will fill in a freedom of information form and get copies of all they hold on my family and go from there.
Thanks again and I apologise for the rant.

[Saraheve]

Hi i am in a similar situation than you. I know it's hard but sometimes around the so called professionals you have to hold your tounge.
Not attending the lac reviews will give the impression that your more concerned about the relationship with the social worker than your child's wellbeing. Even though I'm sure this is not the case. That's probably what they will think.
To increase contact and get your child back you have to address all problems and concerns in the court order, and even though it's hard try and cooperate and act calm collective around them.
Make it clear you will do whatever it takes and show evidence. Certificates and letters.
Once your child is in care the social worker should change to a lac social worker. Don't give up and keep up the good work.

[Saraheve]

I was also told that to get level aid to discharge a order you must show sustainable and substantial change since the last order. As it is merit based. This will be in the form if evidence.
Good luck. I need a load of good luck to I miss my son like crazy I was told they will start to discrease contact and at the lac review meeting I told them im totally against this. So they said they will continue the contact to be every 2weeks as long as I do not talk to my child about coming home in contact.

[nessie]

Hi Sara, thank you for your post. I'm sorry that you too are having problems with CS, however it is comforting to know there are other people in a similar situation. If you ever want to chat... Good luck xx