Failed Foster Assessment

[R9184]

Hi, I am looking for some advice onto where I go from here.

My sister has a history of substance abuse and has recently given birth to a baby (still in hospital). She has said that she wants me to have him and told the social worker that the only way she will sign a section 20 is if he remains with me.

I have since had an initial assessment done and failed. This was on a number of factors (me being pregnant with my own child, my husband having a conviction for assault 4 years ago and the longevity of his proceedings in the family court with his children - he has had 3 sets of proceedings as contact kept getting stopped - the court eventually ruled that a condition of the arrangements order is that if mother stops contact again, residency automatically switches to us).

I understand the implications of my husbands past but this was before he even met me and throughout his court proceedings, Cafcass have always ruled in his favour and he has passed all safeguarding checks - the children spend prolonged amounts of time at our house. He did declare this to them.

There are no concerns with safeguarding baby from mother as I have regular contact with my sister's other child and in 5 years of fortnightly visits, she has not come into contact with her mum once whilst in my care.

My question is, where do I go from here. She hasn't signed the section 20 yet and social services are saying that they will apply for an EPO.

Is there any chance of delegating me as a private family carer before any of this goes through? Have I any realistic chance of getting a child arrangements order?

We are both professionals in good jobs, have a good support network, good relationships with the children who come here and have visited this baby every day in hospital. I know the past is turbulent but the courts have never seen this as a reason to prevent contact with his other children. It just doesn't seem fair that because of this my nephew will most likely be adopted.

[Suzie, FRG Adviser]

Dear R9184

Thank you for your post.

I am sorry that you are having such a difficult time regarding your nephew as children’s services has negatively assessed you as a long term carer for him.

You are anxious to know what you can do to change the current situation. Your sister is willing to sign a s.20 agreement for her son to be accommodated by children’s services with you but they do not think this will be an appropriate placement for the reasons you have given in your post.

There does not seem, from what you have said that there are any safeguarding issues that children’s services have relating to you and your husband. The fact that you are pregnant with your own child may be an issue because children’s services will be concerned about how you will manage with two babies and their competing needs. Have you been able to give the social worker reassurance how you might manage caring for two babies. You do not say when your own baby is due. If you are due soon and the babies will be close in age, then you argue that if you had twins you would as a new parent have to cope and would have arrangements in place to ensure that you could manage. You say you have a good support network and this should be taken into account by the social worker when carrying out the assessment.

If there are other family members who might be able to offer support or even come forward to be assessed as possible long term carers, then you could ask for a family group conference (FGC). Please see our advice sheet Family Group Conferences.

I am including a ling to our good practice guide for a viability assessment. If you believe that the assessment which was carried out was not in line with the guide then you can ask for this to be reconsidered. If children’s services has applied to the court for an interim care order, then you could ask the court to be joined as a party and request a further assessment to be carried by an independent social worker.

Please read our advice sheet relating to Care (and related) proceedings. Care proceedings will usually take approximately 26 weeks from beginning to final hearing. You will see that child arrangement or special guardianship orders can be made within care proceedings.

The fact that you husband has a conviction for assault may be relevant especially if this was a domestic violence situation as children’s services will be concerned about how having the stress of looking after children might affect your relationship and whether it could result in similar behaviour.

Having to attend court for contact with his own children because their mother frequently stops contact should not in itself be a reason for a negative assessment. I think you should ask the social worker to explain why this is would prevent you being able to care for your nephew. The situation would be the same for the baby you are expecting.

I suggest you try to speak to the social worker’s team manager and request a meeting for their concerns to be explained. It might even be better to write to the social worker, copy in the team manager and director of children’s services asking for a written explanation of their concerns for your nephew been placed in your care as you do not believe the reasons given are fair or reasonable.

Whilst part of the local authority’s plan might be adoption the court will want to know that this is the only option and there is no family member who is able to care for him long term.

You may also find it helpful to read our advice sheets Relatives and friends taking on the care of a vulnerable child in an emergency,Support for relatives and friends who are looking after someone else’s child and Family and Friends Care: becoming a foster carer.

If you would like to discuss your situation with an adviser, please telephone our free confidential advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday.

I hope you find this information helpful.

Best wishes

Suzie