Nine Years on supervised contact. Help!

[ReneBasilico]

Hi
I received a non-custodial conviction nine years ago with a series of restrictions imposed. One stipulated that unsupervised contact with my daughter (then 7) was permissible with consent from mum. She had no problem with that. Social workers decided otherwise. They then spent the best part of a decade relentlessly trying to prove I am a danger to my daughter and the sole matter of concern raised has been hugging her goodbye without her consent (which mum also did but that never went into the CiN report and anyway it's just nonsense).
For all this time her brothers were supervisers - one now lives in Switzerland and the other is married with a new baby. in July 2023 they very kindly allowed me to take my daughter out in the community (but not by car in case I took the opportunity to abuse her). The 'rule' remains in place that she can't visit my house or stay overnight until her 18th birthday next year. This is causing all sorts of problems at school holiday time.
I want this lifted and took legal advice. The solicitor wanted £1500 to review my documents and send social services a letter. If they took action and it went to court he wanted £10-12,000. I understand that if SS instigate action you are entitled to legal aid. is this true?
How can I get them to incite action against so we can sort this ongoing hell?

[Suzie, FRG Adviser]

Dear ReneBasilico,

Welcome to the parents' board and thank you for your post.

You say you received a non-custodial conviction nine years ago with restrictions imposed. This included that unsupervised contact with your daughter was only allowed with consent from her mother. Your child's mother was okay with this, but children's services did not as they believed you to be a risk. Your daughter's brothers were supervisors - one has moved away and the other is married with a child. You were allowed to take your daughter into the community last year. Your daughter cannot visit your home or stay overnight until her 18th birthday next year. You say that you would like this lifted and have spoken to a solicitor, who has quoted you what it would cost to be represented. You say that if children's services instigated action you would be entitled to legal aid and would like to know if this is true. You would like to know how you can get them to start action.

I am not clear from your post whether there is currently an open case with children's services, or when the recommendations from children's services were made. You say you are subject to restrictions which are reliant on the child's mother consenting to you having unsupervised contact. It seems that children's services did not agree with this, and recommended that you do not have any unsupervised contact. Outside of any legal reporting or compliance requirements relating to your conviction, this is a recommendation from children's services that is not legally enforceable. However, they have made these recommendations in what they believe to be the best your child's best interests.

Whilst you are right in saying you would be entitled to legal aid if the local authority were to initiate pre-proceedings or care proceedings, they will only do this when the threshold to do so has been met. In any case, a care order cannot be granted on any child who has reached the age of 17 - and therefore given your daughter's age, it is unlikely they would take this course of action.

I would advise that you instead contact the local authority and make clear your position. They may agree to risk-assess you again. If they do not, you could make a formal complaint to the local authority if you think their recommendation is unfair. Please see here for more information on this.

You may find it helpful to contact the Lucy Faithful Foundation, Stop it Now helpline, you can find the link here.

I hope you have found this helpful.

Best wishes,

Suzie.