Have the local authority followed correct procedure

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alo89
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Joined: Fri Sep 01, 2023 7:09 pm

Have the local authority followed correct procedure

Post by alo89 » Fri Sep 08, 2023 3:33 pm

Just looking for some advice here. My partner has been in court this week in X Y where the Local Authority legal team submitted fresh evidence this morning the hearing was at 12.00. They were awarded an interim care order solely on the new evidence submitted as our barrister said if they hadn't submitted this new evidence she doesn't think they'd of gotten the ICO. Now this evidence was simply that my partner was uncontactable for a fortnight. This was lies. My partner's screen finally went on her mobile on Tues 29th the social worker was aware her phone screen wasn't very good anyways she also had a stomach bug which she reported to social on that Tuesday this is the first time she's ever missed contact in their 2 year involvement. She did not have the funds to buy a £10 phone and £10 top up as the judge claims she could have. 1. My partner has to facilitate and pay for contact a place to go and food and drink for 3 kids 3 x a week and does not get money for the kids we are in a cost of living crisis and my partner was not allowed contact till 48 hrs after she last vomited therefore she was only well enough by Friday on Friday she got out a contract phone which they said would be delivered Mon. However due to DPDs depot being slow the phone did not arrive until Thursday this week. However my partner went to the socials office twice this week to make contact and explain about her phone and what was happening AND enquired about how her kids were doing she spoke with her allocated social worker and also confirmed contact before 9.30am as is there requirement so she got up at 8am to take the long walk to their offices to do this twice. So today in court that was the new evidence they submitted this morning that she was uncontactable and that should.something of happened to the kids they wouldn't be able to reach her
Bearing in mind they work not 10mins from.her home which they've visited many times. Have they broken procedure submitted fresh evidence this morning? As I feel our barrister was 1. Caught off guard by this and 2. I am shocked the barrister did not say can we ask for adjournment so she could consult with her client about this claim. We can prove when the phone was ordered and DPD was contacted during waiting for the phone and they apologised so we can prove we didn't just sit and wait around and how it was out of our hands. I also do not believe that reason is "reasonable grounds to believe that a child will come to significant harm" as I'm sure is the law the 3 judges were suppose to adhere too. Can I have some advice on this and also advice on whether the barrister should have stopped the court case. Also my partner was made to sit in a room and never actually went into a court room. The barrister had her statement which by the way was countering all their very nit picky claims most of which are half truths or stretched. I find it most odd that she was never in the court room or even got to hear what her barrister was defending her with or what the local authorities legal team was saying. From beginning to end they have picked on her as a care leaver with mental health anxiety and depression and no family to support her...there is 3 kids 2 of which are ASD and the other is being assessed. We feel she has been picked on and hounded by the social we've had 6 different social workers in 2 and a half year she has done 24 parent assessments and passed them all. We are desperate for some help. She has never missed a single contact apart from last week there is alot more to this story however the main thing I need to know is have we a right to complain about the fresh evidence and do we have any ground for complaint against the barrister who so far as we can see must have just let them submit this new evidence without consulting with my partner about her side of the story. As it is it's basically their word against her word and their word counts more than hers because they wear suits and a tie which is absolutely disgraceful. We asked could we have the dates and times she was uncontactable and the barrister got the response of no. How 3 judges can take their word over my partner's is a disgrace and granting an ICO on them grounds must mean they can grant them willy nilly without any substantial evidence hope someone can help thank you
Last edited by Suzie, FRG Adviser on Fri Sep 08, 2023 5:12 pm, edited 1 time in total.
Reason: Moderated to protect confidentiality

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Suzie, FRG Adviser
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Re: Have the local authority followed correct procedure

Post by Suzie, FRG Adviser » Mon Sep 11, 2023 10:37 am

Dear alo89

Welcome to Family Rights Group’s discussion board. Thank you for your post. My name is Suzie and I am Family Rights Group’s online adviser.

I am very sorry to hear about the difficulties you and your family are experiencing. Family Rights Group is funded to provide specialist advice to families in England. Unfortunately, we do not have the specialist knowledge or funding to provide advice to families in other jurisdictions. I am attaching a link here to a service where I hope you will be able to get the advice you are seeking.

In the meantime, it is always sensible to discuss the court case further with your legal representatives and to continue to work with your children’s social worker.

Best wishes

Suzie

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