Placement Revoked, What next
Posted: Wed Jan 22, 2020 7:10 pm
Hi Suzie (and anyone else reading who shares a comment),
Well, I'm back. It's been a while since my last post, and what a hell of a roller coaster these last few years have been. Today marks day 834 since the Interim Care order was granted. Not that I've been counting,.. much, only every day.
The 30 second read version. (Background)
Interim care order granted, (5 children) (Oct 2017) case concluded with a care order, no placement order granted.
Local Authority appealed, back to court, (Appeal in London) where they agreed Judge err'd and sent matter back to court (Sept 2018)
Case finally came to a conclusion in March 2019 with a placement order dispensing with parental consent. (Needless to say I was not amused)
Placement order was a time limited search for 6 months. (Which takes us to September 2019).
The Local Authority fail to bring the matter back, so (as a litigant in person) I applied, court date set, and just recently successfully got the placement order revoked. (YES.... FINALLY, a positive victory, but my fights still not over)
Where were at now....
OK, Placement Order revoked means reinstatement of the original care order.
It's undisputed about the next few outcomes.
A care order lasts until (1) children turn 18, (2) My PR is removed and given to someone else (Adoption or SGO), (3) Successful Discharge
on (1), I'm not going to wait in excess of 10+ years for my children to attain either 18 or an age where their wishes and feelings are/can be taken into account.
on (2) Thankfully, Adoption is off the table. SGO, I know that's my NEXT hurdle as an application is forthcoming.
on (3) So is an application for Discharge
Questions:-
Can a Local Authority apply to the court for an SGO? My 'litigant' knowledge says no, it has to be the person wishing to become the Special Guardian. (Technically the LA is a Parent (corporate), and a parent can not apply)
My children are with a Local Authority placed Foster Family (Since ICO granted). The LA are assessing the Foster Parents for SGO.
I am aware of GM Vs Carmarthenshire, and I think the 'Legal Standard' in regards to a Discharge, not that anyone can provide 'Better parenting', it's can I provide 'good enough'? With that in mind, is it conceivable I can oppose the making of a SGO based on the fact my parenting has not been assessed on whether (or not) I can provide good enough parenting (Either with or without support from the Local Authority).
My aim is to remove option 2 as an outcome for my children. (Adoption (already gone) and SGO). Which leaves (1) and (3), Either children remain in Long Term Foster Care or return to parent(s) under a discharge (to include supervision order).
At no point in the last 2+ years has there been an assessment of my capacity to parent my 3 children. I have lost 3 Christmas's, 8 birthdays, and as of time of this post, 834 days of shared living experiences, to include my youngest learning to walk and talk. This is a separate issue which I am concurrently fighting through Administrative court via Judicial Review. On that note my final question. (trying to figure out what happens next in that one).
Question here is ;- Can a Local Authority get away with not providing an assessment when Statute says they MUST do one. (CA1989 17ZD).
This ones an interesting one for me, If the Judicial Review Court agree with me that they failed to provide a Statutory request, which could have fundamentally changed the situation at home BEFORE proceedings were issued, was the original Judge right to have granted a full care order, in light of the Local Authorities failings (Which have gone uncontested at JR), was it proportionate a response. Only time will tell and I hope to post a positive story on this later that despite my passage of time, I have held to my convictions in pursuit of justice.,... but at what cost?
(Just to finish off that roller coaster ride, since that ICO, my partner (now ex partner) Lost a Stillborn mid term, I for summarily dismissed from my employer in December and me (now) ex, made me homeless 2 weeks ago). And this is meant as a positive note to all out there. Do not give up, I can not nor will not abandon my children to State care. Fight for what's right.
On that note, I end and look forward to peoples replies.
Well, I'm back. It's been a while since my last post, and what a hell of a roller coaster these last few years have been. Today marks day 834 since the Interim Care order was granted. Not that I've been counting,.. much, only every day.
The 30 second read version. (Background)
Interim care order granted, (5 children) (Oct 2017) case concluded with a care order, no placement order granted.
Local Authority appealed, back to court, (Appeal in London) where they agreed Judge err'd and sent matter back to court (Sept 2018)
Case finally came to a conclusion in March 2019 with a placement order dispensing with parental consent. (Needless to say I was not amused)
Placement order was a time limited search for 6 months. (Which takes us to September 2019).
The Local Authority fail to bring the matter back, so (as a litigant in person) I applied, court date set, and just recently successfully got the placement order revoked. (YES.... FINALLY, a positive victory, but my fights still not over)
Where were at now....
OK, Placement Order revoked means reinstatement of the original care order.
It's undisputed about the next few outcomes.
A care order lasts until (1) children turn 18, (2) My PR is removed and given to someone else (Adoption or SGO), (3) Successful Discharge
on (1), I'm not going to wait in excess of 10+ years for my children to attain either 18 or an age where their wishes and feelings are/can be taken into account.
on (2) Thankfully, Adoption is off the table. SGO, I know that's my NEXT hurdle as an application is forthcoming.
on (3) So is an application for Discharge
Questions:-
Can a Local Authority apply to the court for an SGO? My 'litigant' knowledge says no, it has to be the person wishing to become the Special Guardian. (Technically the LA is a Parent (corporate), and a parent can not apply)
My children are with a Local Authority placed Foster Family (Since ICO granted). The LA are assessing the Foster Parents for SGO.
I am aware of GM Vs Carmarthenshire, and I think the 'Legal Standard' in regards to a Discharge, not that anyone can provide 'Better parenting', it's can I provide 'good enough'? With that in mind, is it conceivable I can oppose the making of a SGO based on the fact my parenting has not been assessed on whether (or not) I can provide good enough parenting (Either with or without support from the Local Authority).
My aim is to remove option 2 as an outcome for my children. (Adoption (already gone) and SGO). Which leaves (1) and (3), Either children remain in Long Term Foster Care or return to parent(s) under a discharge (to include supervision order).
At no point in the last 2+ years has there been an assessment of my capacity to parent my 3 children. I have lost 3 Christmas's, 8 birthdays, and as of time of this post, 834 days of shared living experiences, to include my youngest learning to walk and talk. This is a separate issue which I am concurrently fighting through Administrative court via Judicial Review. On that note my final question. (trying to figure out what happens next in that one).
Question here is ;- Can a Local Authority get away with not providing an assessment when Statute says they MUST do one. (CA1989 17ZD).
This ones an interesting one for me, If the Judicial Review Court agree with me that they failed to provide a Statutory request, which could have fundamentally changed the situation at home BEFORE proceedings were issued, was the original Judge right to have granted a full care order, in light of the Local Authorities failings (Which have gone uncontested at JR), was it proportionate a response. Only time will tell and I hope to post a positive story on this later that despite my passage of time, I have held to my convictions in pursuit of justice.,... but at what cost?
(Just to finish off that roller coaster ride, since that ICO, my partner (now ex partner) Lost a Stillborn mid term, I for summarily dismissed from my employer in December and me (now) ex, made me homeless 2 weeks ago). And this is meant as a positive note to all out there. Do not give up, I can not nor will not abandon my children to State care. Fight for what's right.
On that note, I end and look forward to peoples replies.