Respondents not showing up at SGO court hearing

[WorriedAndScared]

Hi, I am currently going through the SGO process to take care of my little sister who has been living with me for nearly two years. I’ve had a positive children’s services assessment, good references and a clean dbs check.

The first court hearing / directions hearing is on 12th March. I know with almost 100% certainty that the respondents (my mum, and my sisters dad) are not going to show up at court. They are both alcoholics. They don’t want to face the situation and have told other people that they won’t be going to court, nor will they be engaging with Cafcass before the hearing.

Does anyone know if they don’t turn up, am I likely to get the SGO that day, or is an adjournment more likely? What if it’s adjourned and they still don’t show up to the next hearing?

Thank you

[Robin D]

It depends on many factors, but I would not anticipate the SGO being awarded that day. I suspect they would ask Cafcass or another third party to try to make contact and report back at a future hearing. The effect might be to delay things, but ultimately, if they will not engage with the court, or other agencies, the court will give the SGO.

I know it's frustrating but try to stay calm and let things move at the speed the court is happy with. Your little sister is lucky to have you.

[WorriedAndScared]

Thank you for taking the time to reply. It is so frustrating the amount of time that everything takes in these situations, but I guess ensuring the right decision is made does indeed take time

[Suzie, FRG Adviser]

Hi, I am currently going through the SGO process to take care of my little sister who has been living with me for nearly two years. I’ve had a positive children’s services assessment, good references and a clean dbs check.

The first court hearing / directions hearing is on 12th March. I know with almost 100% certainty that the respondents (my mum, and my sisters dad) are not going to show up at court. They are both alcoholics. They don’t want to face the situation and have told other people that they won’t be going to court, nor will they be engaging with Cafcass before the hearing.

Does anyone know if they don’t turn up, am I likely to get the SGO that day, or is an adjournment more likely? What if it’s adjourned and they still don’t show up to the next hearing?

Thank you

Dear WorriedAndScared

Thank you for posting on the family and friends' discussion forum.

I see that Robin D has already responded to your post with some useful advice but thought it might be helpful to send you a copy of our advice sheet relating to special guardianship order applications so you will have more information about your situation.

DIY Special Guardianship Orders - information for family and friends carers

The court is more concerned about what is best for the child, in this case your little sister, and whilst the court may adjourn the hearing to give the parents an opportunity to attend court, if they were to fail to do so, and there is evidence that they have been properly served with your application, the court is likely to make the special guardianship order without their attendance. As you have had positive assessments and your sister is settled in your care I do not think you have anything to worry about as far as your application is concerned.

I hope that the court will make a quick decision for your and your little sister.

Best wishes

Suzie

[WorriedAndScared]

Hi, I just thought I’d post an update. As predicted, mum and dad (the respondents) did not show up at court today. Our social worker came and was fantastic. She had to have pre-court discussions with Cafcass and with the court legal advisor. She was adamant that she wanted to get across the fact that mum has not been and will not be cooperative so there is little point adjourning because mum will not cooperate at all and simply won’t show up to another hearing.

The judge commented on the thorough reports that had been submitted, and acknowledged that mum had failed to be cooperative throughout the whole process but noted that he was satisfied that she had had fair warning and chance to put forward her views, and had been satisfactorily served with the necessary paperwork.

The result was that we were granted the SGO today, at the first directions hearing!

It has been a long 9 months so feels a little surreal at the moment that it’s now all concluded, but I am so relieved!

[Robin D]

Great news. Now hopefully you can start to concentrate on your sister.

There is a small possibility mum might appeal, but she would have a real uphill battle so I suspect once the sting has gone out of the situation, she will just accept the inevitable.

Good luck ...... Robin

[Suzie, FRG Adviser]

Hi, I just thought I’d post an update. As predicted, mum and dad (the respondents) did not show up at court today. Our social worker came and was fantastic. She had to have pre-court discussions with Cafcass and with the court legal advisor. She was adamant that she wanted to get across the fact that mum has not been and will not be cooperative so there is little point adjourning because mum will not cooperate at all and simply won’t show up to another hearing.

The judge commented on the thorough reports that had been submitted, and acknowledged that mum had failed to be cooperative throughout the whole process but noted that he was satisfied that she had had fair warning and chance to put forward her views, and had been satisfactorily served with the necessary paperwork.

The result was that we were granted the SGO today, at the first directions hearing!

It has been a long 9 months so feels a little surreal at the moment that it’s now all concluded, but I am so relieved!

Dear WorriedAndScared

I see that Robin has already responded to your updating post.

Just wanted to thank you for taking the time to update with such a positive outcome for you and your sister. Congratulations on becoming a special guardian. I hope you will now be able to move forward towards building the life you want for your sister without the need for her parents to agree with your decisions.

Perhaps, in time they will come to recognise that you are the best person to care for your sister and relationships can be rebuilt.

Best wishes

Suzie