Advice required section 20.

[JRad]

Dear all, I am searching for valid up to date advice for my daughter in regards to removing a section 20 voluntary care order (accommodated).
My daughter has had many struggles and now on on a path to recovery. SW caught her whilst she was not in a good place and told her if she did not agree to children going into temp care that they 'would' have children removed legally. Thinking this was the only option she signed. So, their mum retains full PR under section 20 and has many concerns at the way children are being treated. what is the procedure required to withdraw the section 20? Does it have to be drawn up by a solicitor etc? The children are girls, 4 and 8 and been in temp FC since November 2013.
Thanks x

[JRad]

P.S....I forgot to mention....there are no orders in place with the court, we have checked.

[frustrated mum]

I may be wrong so i opoligise if iam but tell your daughter to phone social services monday morning to tell them she would like her children back. its not quite as easy as that but somewhere along the line. But before make sure has everything that social services wanting doing is done. Is your daughter in a better place, can she prove it. If the i havent been dotted and the t crossed then social services will apply to the courts for a care order so make sure everything is ok before she makes that call.
Sorry again if this is wrong but good luck and i hope your family is together again soon.

[JRad]

Thanks for your advice on this matter. In fact, the situation is very black and white....my daughter has just about finished her treatment but has been recommended she stays for an additional three months which we all agree is justified, especially as the programme is very strict and structured and is pushing her to the max (in good ways). This indicates to me that she really is enhancing this programme. However, things with children are really not good, and we are both worried sick. She wants to put the section 20 removal in action asap and tell them the children be returned to me. Their school is on my doorstep and we have always been a very close small family. So she wants to remove the section, children return to me, she completes this additional programme and by the end of summer when she is situated we work for them to be back together. This is a big step, I have had all records and checks done and my home already has a bedroom kitted out for them. When she withdraw, does it have to be in writing? thanks.

[Suzie, FRG Adviser]

Dear JRad,

Welcome to the parents forum!

I am sorry to hear about the difficult time your family has had recently. I understand that your granddaughters were accommodated (placed with foster carers with your daughters consent).

Your daughter has engaged with treatment and she is back on track and she has only a few months more treatment left to do. Until she is in a good enough position to care full time for her children, she would like them to live with you.

As children services do not have a court order, they must consult your daughter (as she has the legal parental responsibility) when they are making any decisions about the children.
As Frustrated Mum says, your daughter could in theory, remove the children from the foster carers and place them in your care.

However, it will be in the children’s best interests, if any move is done in a planned and supported way. There may also be the risk that children services will want to go to court to seek an order giving them parental responsibility, if she does not consult with the social worker first.

I suggest that she lets the social worker and team manger know what she would like to happen and explain why-ie that your are their grandparent, that you live near the school, that you will work with any plan. (Children services will need to carry out an assessment of you, to make sure that it is safe for the children to be placed there).

Your daughter could ask for their views and whether they are agreeable to the plan and what help and support they could put in place. If they do not agree –ask for their reasons in writing.

It would also be a good idea to telephone or email the independent reviewing officer (IRO). The IRO’s job is to review the children’s care plan and make sure it is working. A looked after children meeting (LAC review) could take place to consider this plan and what support you and the children would need. For more information about the role of the independent reviewing officer, have a look at our advice sheet making plans for children in the care system .

Also have a look at the tips on page 7 re uniting children home from the care system.

Best wishes,

Suzie