Issue Resolutions Hearing & CAO

[KatKat10]

My court date has been put back to end of next month. I am now in IRH. What can I expect from this? One of the suggestions being out forward is a Care Arrangements Order. If a CAO is granted to my relative, can I get this overturned at a later date? Can that relative get an allowance, would they need to give up their job? Would it affect any benefits I receive, if I am I am in the same household?
Can I disagree with a CAO, as the rational being suggested is complete nonsense?
I want to fight for my children to remain under my care without a CAO in place. I feel the LA have a weak argument in regards to a CAO.

Under a CAO, can the LA push for an SGO at a later stage? I feel they are trying to attempt to push me away from my children.

[Suzie, FRG Adviser]

Dear KatKat10

Thank you for your updating post. You are about to have an Issues Resolution Hearing. One of the proposals is a that the court makes a Child Arrangements Order (CAO) to a relative whom you suggest lives in the same household as you. You are not in agreement with this proposal at the moment and want to contest.

You may find our information about Issues Resolutions Hearings and Child Arrangements Orders helpful. The most important thing for you to do is to ensure that you have an appointment with your solicitor to discuss the proposals, any concerns you have and to decide how to respond.

A CAO would not remove your parental responsibility and in the situation you describe may mean a shared care arrangement. If a CAO is made, Children’s Services may close the case soon after as they would not normally need to remain involved if they do not have a Care Order. However, as I think there is an interim Supervision Order in place you should clarify with your solicitor and the social worker if the local authority is seeking a Supervision Order which would mean that they would remain involved for a set time.

A parent can make an application to end a Child Arrangements Order. As this would be a private law matter please see Child Law Advice’s information or ask your solicitor to explain more about this to you.

A person with a CAO could apply for or Children’s Services (if they are still involved) could recommend that a Special Guardianship Order(SGO) be made at a later date. However, if Children’s Services believed that a SGO was necessary it is more likely that they would recommend this in the current court proceedings.

If a CAO is made to another person living in your household this could affect your benefits but this may depend on the details of the CAO. There is some information about what happens to a parent’s benefits if the child goes to live with a relative on pages 14 and 15 of this advice sheet. However, in your situation you may still be living in the same household. I would recommend that you get welfare rights advice about this from the CAB or perhaps Gingerbread .

I hope this is helpful.

Best wishes

Suzie

[KatKat10]

Thank you Suzie for your reply.

My case is still trundling through the courts, mainly due to children's services not doing what they should have done. This could have been resolved by no if they choose not to take short cuts and do things properly.

I have a question, is it possible to make a claim under the Human Rights Act, Article 8 while the case is still going ahead. I believe I have sufficient evidence to submit a claim. Would this need to be done through current court hearings/case or a separate case? They, the Children's services have already admitted their failings. If i could do this now and succeed it would save time doing an official complaint. I find it very bizarre that CS's can submit lies on legal documents filed to the court.

I wish I could post more about the case, but it would identify me.

[lovenlaw]

Hi Katkat,
I am having very similar experience as you and I am glad I read your IRH post as that is exactly where I am. LA work ethics has really been awful and it is only one SW who has made any effort to support me. I am almost at my IRH date and they have said everything is going well and therefore they are putting in an extension and they want to cancel the IRH court date.
I have had very little chance to respond to all the allegations they have made and the various lies they have told. From the beginning of the case my solicitors also seem to take whatever position that LA presents, I don't know if this is also your experience? It is extremely frustrating.

Thank you for your post I know what to expect and what they mean to extend and I will make sure to protest so we have the IRH which is due in a month. They have said everything is going fine but then I don't know how it makes sense to cancel the IRH hearing, they can make any request they want at the IRH from the court and I think they do not want that to be the case.

I have been thinking about how families who have experienced a disservice from SS can bring forward a civil suit because sometimes their actions are very malicious and as a parent you feel helpless at their mercy.

[Suzie, FRG Adviser]

Dear KatKat10,

I am linking our advice sheet on Human Rights Act claims which answers your questions and provides further information.

Best wishes,

Savannah

[RBF2]

Hi please any one advice me as i was supposed to have my IRH on the 25th now have to more court dates sept and October the sw in my case is so against me no support her views are madness i have no idea how to get my children home iv never been supported never been told what i need to do iv had a family group conference i have so much support yet nothing goes in my favour instead they push for absent fathers who are not on the birth certificate not been involved in the past 5years or plus 2have been imprisoned for violence and the other they didnt inform until friday last week is there any one who can help me please

[Suzie, FRG Adviser]

Dear RBF2

I have responded to this post on the first post that you made on 26th July at 7:33pm.

Best wishes, Suzie