Ignatious Update

[Ignatious]

Hi all, Hi Suzie,.. I'm back. (It's been a hot minute).

So, an update on my situation with some back history to start,.. bring peeps up to speed.

Children removed under a care order Sept 2017,
'Farewell Contact' May 2018 (Last time I physically saw them owing to court orders)
Other litigation since,... My children placed for adoption, I managed to get that revoked, and then the LA ask the courts through the foster carers for an SGO which was granted July 2021.
History over.

The court order states the LA to supervise contact. Something they have not done since July 2021, and I have been communicating directly with the SG's. That is up until Jan 2024. Following a review, it has been decided the LA to supervise contact,.. as such I have not received my Jan contact (as ordered by the court).

I would assume that having not had any involvement via the LA in 2 years and now they have unilaterally made a decision (without any input from me, I would have been opposed to any changes whilst court proceedings had been initiated) to supervise the contact. And yet not provided me with the contact (letterbox only) potentially amounts to interference with my Article 8 rights.

Currently seeking to Discharge SGO and have my children returned back to me.
I know that's not going to happen overnight.
But,.. in simple terms, I'm claiming I can parent my children now (whereby previously due to circumstances, I was not able) save for the imposition of an SGO.
CA1989 14D is there in statute,.. which provides a mechanism for parents to discharge.
There have been significant changes since order was met.
I've done all that I can/could have done (therapy that was recommended in the SGO order)
My relationship was untested (6 months), now 3 years strong. Living together in her own property (granted a 2 bed maisonette) and I have 3 girls. And I have been in employment, twice (redundancy 1st, and current 1 year length of service for the 2nd). (All significant changes since the order was made),.. I mean,.. what more can I do.

Under the SGO I retain my PR.
I know the SG's have over-riding PR and the ability to restrict it's use by birth parents.
The Court order states I am entitled to Health, Medical and educational information.
At least one of my children has been diagnosed with Autism and is on an ECHP. I have asked for a copy of these reports to no avail.
The SG's have given unilateral permission for vaccines. My Issue here being If I were to have any objections, I would need to apply to the court. (I'm also aware of the statutes the courts would apply). But to completely exclude parents I think is fundamentally wrong.
Circa the 2018 court reports, It was recommended my children receive therapy.
It is my assertion THAT therapy has not been started/concluded. Although they HAVE been in receipt of some therapy. Again, All the information is what I have been told by the SG's - no actual evidence.

So,.. My position is I can parent my children and seeking discharge under CA1989 14D
Making an argument that the courts, circa 2018 stopped contact for whatever reason, thus completely depriving us of family life.
I'm now in a position to discharge the SGO (varying years,.. between 8 and 11 years child minority remaining), but I have no relationship with my children as a result of state interference (albeit possibly justified at the time).
Ideally I would like the SGO to be revoked and the children placed back on a care order, (With a view towards reunification including help and assistance considering states past, but my understanding is the courts can not make that decision, and only the LA (Who are currently NOT a party, although I think CAFCASS has recommended they provide input at this point (Which still means not joined as a party) and an authorised person (Currently only authorised persons are NSPCC (aside from the LA))) are the only people who can initiate a care order.

Currently representing myself as a litigant in person. Good times ahead. Fingers crossed for the positive outcome I seek.

Ignatious

[Suzie, FRG Adviser]

Hi all, Hi Suzie,.. I'm back. (It's been a hot minute).

So, an update on my situation with some back history to start,.. bring peeps up to speed.

Children removed under a care order Sept 2017,
'Farewell Contact' May 2018 (Last time I physically saw them owing to court orders)
Other litigation since,... My children placed for adoption, I managed to get that revoked, and then the LA ask the courts through the foster carers for an SGO which was granted July 2021.
History over.

The court order states the LA to supervise contact. Something they have not done since July 2021, and I have been communicating directly with the SG's. That is up until Jan 2024. Following a review, it has been decided the LA to supervise contact,.. as such I have not received my Jan contact (as ordered by the court).

I would assume that having not had any involvement via the LA in 2 years and now they have unilaterally made a decision (without any input from me, I would have been opposed to any changes whilst court proceedings had been initiated) to supervise the contact. And yet not provided me with the contact (letterbox only) potentially amounts to interference with my Article 8 rights.

Currently seeking to Discharge SGO and have my children returned back to me.
I know that's not going to happen overnight.
But,.. in simple terms, I'm claiming I can parent my children now (whereby previously due to circumstances, I was not able) save for the imposition of an SGO.
CA1989 14D is there in statute,.. which provides a mechanism for parents to discharge.
There have been significant changes since order was met.
I've done all that I can/could have done (therapy that was recommended in the SGO order)
My relationship was untested (6 months), now 3 years strong. Living together in her own property (granted a 2 bed maisonette) and I have 3 girls. And I have been in employment, twice (redundancy 1st, and current 1 year length of service for the 2nd). (All significant changes since the order was made),.. I mean,.. what more can I do.

Under the SGO I retain my PR.
I know the SG's have over-riding PR and the ability to restrict it's use by birth parents.
The Court order states I am entitled to Health, Medical and educational information.
At least one of my children has been diagnosed with Autism and is on an ECHP. I have asked for a copy of these reports to no avail.
The SG's have given unilateral permission for vaccines. My Issue here being If I were to have any objections, I would need to apply to the court. (I'm also aware of the statutes the courts would apply). But to completely exclude parents I think is fundamentally wrong.
Circa the 2018 court reports, It was recommended my children receive therapy.
It is my assertion THAT therapy has not been started/concluded. Although they HAVE been in receipt of some therapy. Again, All the information is what I have been told by the SG's - no actual evidence.

So,.. My position is I can parent my children and seeking discharge under CA1989 14D
Making an argument that the courts, circa 2018 stopped contact for whatever reason, thus completely depriving us of family life.
I'm now in a position to discharge the SGO (varying years,.. between 8 and 11 years child minority remaining), but I have no relationship with my children as a result of state interference (albeit possibly justified at the time).
Ideally I would like the SGO to be revoked and the children placed back on a care order, (With a view towards reunification including help and assistance considering states past, but my understanding is the courts can not make that decision, and only the LA (Who are currently NOT a party, although I think CAFCASS has recommended they provide input at this point (Which still means not joined as a party) and an authorised person (Currently only authorised persons are NSPCC (aside from the LA))) are the only people who can initiate a care order.

Currently representing myself as a litigant in person. Good times ahead. Fingers crossed for the positive outcome I seek.

Ignatious

Dear Ignatious

Thank you for your update and welcome back to the Board.

I am glad to read that your ‘life’ and its circumstances have greatly improved and acknowledge how hard you have ‘fought’ to be ‘where you are now’.

May I politely suggest that your ‘ideal’ plan/hope that the special guardianship order is revoked in favour of a care order may not be likely or very difficult to obtain.

My reason for this suggestion is; the grounds under which any local authority might apply for a care order may not be applicable to your children’s situation; additionally a court can only make an order if the children are suffering significant harm (or likely to be) see the Welfare Principle and Checklist.

From what you have written, I am not sure that your children are ‘suffering’ as defined above. I understand that they are currently living ‘under’ a special guardianship order with their special guardian(s).

You have written and acknowledged that you are aware that ‘reunification’ can take long time and that court orders do have mechanisms within them that ‘provide’ for ‘reunification’. Perhaps, a starting point may be to ‘ensure’ contact is re-established, a 'strong' relationship is built between you and your children and 'worked on' in the future during visits, unsupervised contact etc. Here for your information is our advice sheet 2b entitled Special guardianship orders: information for parents.

I understand that throughout the process you will be a litigant in person, here is a handbook for litigants, I hope you will find it helpful and we wish you well.

Best wishes
Suzie

[Ignatious]

Dear Suzie,

Thank you for your words.
I'm sure you'll appreciate I've done my research,... I'm very and acutely aware of the processes involved.
You are right, and I am aware of the circumstances in which the Local Authority can get involved,.. and that I am aware the court can not bring about a care order of it's own volition.

In regards to harm (Significant or otherwise), It is/was recommended (as I outlined earlier) That the children receive therapy. This is dated Feb 2019. To my knowledge it still has not started.
IF it has been done, then that is another change in circumstance I will be using.
IF it has NOT been started then I will be making a welfare issue based on the fact my children have been suffering as a result of not receiving it.

I have literally just re-read the orders of the forthcoming court case and the LA were directed by the court to provide a report (back in Feb). As a LiP, I'll be asking to see a copy of that report based upon how can I respond to the LA report (for example any concerns they may have about parent(s) especially considering they have not been involved for almost 3 years).

First step,.. the FHDRA - Cafcass report has already been completed. All that needs to happen is the attendance at court now.

Bottom lining it all - I do not envy the Judge (although I think were Magistrate I think, I would have liked someone higher up the chain). I said it all earlier,...

I can parent my children, save for the imposition of the SGO.
Fact - I have no relationship with my children due to previous court orders,.. The loss of the relationship I have is because of the state.
I am aware of the positive obligations of the state,.... I will be making every effort to advance these moving forwards. I know it's not going to be easy for all involved, least of all the Judge,... but in my view, there is only one order. And that is the return of the children to my care.

If I can parent my children, and then do not return them because of the length of time they have been with the Foster Carers/SG's as justification,... then I have been robbed of the provision as governed by Section 14D CA1989.
The 'Bar' in this instance is set too high to enable a return to parental care.

I also thank you got the LiP document,.. I'm sure it will prove invaluable.

Kind regards
Ignatious