BM applying to court to revoke SGO but she is in a DV relationship

[PLA4]

I am so worried my daughter is refusing contact as she says she has applied to court to get the SGO revoked because I found out she was back in a DV relationship with her babys father I stopped my grandchildren staying overnight at her home. She sends the children letters, they are 8 &9, saying it wont be long now and you will be living with mummy. She says her social worker is helping her, she was on child protection but now child in need, but I have heard nothing from them. Last week she made a hoax call to the nspcc saying i neglect the children but the sw from the mash team has closed the case as i explained what's going on with my daughter. She went from CP to CIN with her baby during lockdown when no visits were being done only video calls and meetings. Should I try to contact her social worker i only know her 1st name and the LA she works in.
He was convicted of assault and battery against her in october 2018. When police interviewed my grandson they asked have u ever seen p hurt mummy before? He said yes a few months ago, I said y did u not tell nanny, my grandson replied' mummy told me not to'. From then on my daughters contact was only supervised by me. She became pregnant and in august 2019 when she was 7 months pregnant he fractured her jaw in the shopping centre however he got off saying it was self defence as she poked him in the eye. She went to a womens refuge on that day 60 miles away and has been claiming to make a new start. She was offered a 2 bed flat in February 2020. I allowed the children to stay overnight a few times, in hindsight I made a mistake doing that. On 29th march 2020 she seemed to have a black eye, i asked her about it but she dismissed it saying her makeup had smudged, that was the first sign. Next time i went to her home to collect the children, her neighbour came in asking where p was and where his children were, he has 2 daughters with unusual names so it could not be anyone else.
How would she have to go about trying to get the children bk?

[Robin D]

Only the court can revoke a SGO and they will want evidence of a sustained lifestyle change by BM, AND will apply the welfare principle. There would be a full reassessment during which you would be asked for your views.

Don't forget that before the court will even entertain looking at the issue, she has to apply for leave to make a full application. You would be served notice of that, so in the absence of formal notification, it's more likely bluff and bluster.

I think she is playing games and sadly using the children as pawns, hurting them in the process.

[PLA4]

Thanks for your reply Robin. I dont think anything will come of it but I have decided to email her asking her not to keep writing to the children and talking on social media about the children coming to live with her. They are at a summer camp run by the LA this week and next week so are having a bit of a break from the internet, although they got a letter from her yesterday

[Robin D]

Good idea.

Make sure you keep a copy in case your email program or server deletes out going mail after a period. Either print it to hard copy or to pdf. If you don't have a print to PDF option, download Foxit reader for free then you select it as though it was any other printer.

[PLA4]

Thanks I will

[PLA4]

Is there a legal order that can stop social media contact?

[Suzie, FRG Adviser]

I am so worried my daughter is refusing contact as she says she has applied to court to get the SGO revoked because I found out she was back in a DV relationship with her babys father I stopped my grandchildren staying overnight at her home. She sends the children letters, they are 8 &9, saying it wont be long now and you will be living with mummy. She says her social worker is helping her, she was on child protection but now child in need, but I have heard nothing from them. Last week she made a hoax call to the nspcc saying i neglect the children but the sw from the mash team has closed the case as i explained what's going on with my daughter. She went from CP to CIN with her baby during lockdown when no visits were being done only video calls and meetings. Should I try to contact her social worker i only know her 1st name and the LA she works in.
He was convicted of assault and battery against her in october 2018. When police interviewed my grandson they asked have u ever seen p hurt mummy before? He said yes a few months ago, I said y did u not tell nanny, my grandson replied' mummy told me not to'. From then on my daughters contact was only supervised by me. She became pregnant and in august 2019 when she was 7 months pregnant he fractured her jaw in the shopping centre however he got off saying it was self defence as she poked him in the eye. She went to a womens refuge on that day 60 miles away and has been claiming to make a new start. She was offered a 2 bed flat in February 2020. I allowed the children to stay overnight a few times, in hindsight I made a mistake doing that. On 29th march 2020 she seemed to have a black eye, i asked her about it but she dismissed it saying her makeup had smudged, that was the first sign. Next time i went to her home to collect the children, her neighbour came in asking where p was and where his children were, he has 2 daughters with unusual names so it could not be anyone else.
How would she have to go about trying to get the children bk?

Dear PLA4

Thank you for your post.

From the description you give your daughter may find it hard to revoke the Special Guardianship Order (SGO) that is in place for your grandchildren. SGOs usually last until a child’s 18th birthday. They can be discharged or ended by a court but to access this process a parent must ask for permission from the court first – this may be difficult for your daughter if she is in a domestically abusive relationship.

Additionally if your daughter has suspended or is refusing contact, this is a choice that she is making and not a decision you have made. If you need help with contact arrangements you may be able to contact the local authority who were involved with the making of the SGO. Our advice sheet called Special Guardianship: what does it mean for birth parents? will give you a better idea of parents’ rights when SGOs are made.

I hope you find it useful.

Best wishes

Suzie

[PLA4]

She denies she is back with him she even made an anonymous report to the nspcc saying I neglect the children. When chidrens services rang me I explained why and who done the report. They raised a cause for concern about her baby being in the dv relationship but her LA and social worker have just ignored it. Baby was born in December straight into child protection. In April, during lockdown so through a zoom meeting she was downgraded to child in need I have heard nothing from the court yet and its been 2 months I have stopped social media contact only letters if they are appropriate she still does not want to see them for contact but I have offered contact in the community for 4 hours once a month which is stated on her child arrangement order. She even asked their dad to go to court and say he thinks they should live with her as he told me but he said he is not his view is they are happy and settled living with me and he is happy with once a month contact, will his views be sought as well as mine?

[Suzie, FRG Adviser]

Dear PLA4

Thank you for your further post. I am not sure that I can add much more to the advice already given regarding the birth mother not taking up her contact and her proosed application to the court to seek a discharge of the special guardian order.

The position is that the birth mother will have to seek permission from the court to make the application. It will be for the court to make a decision based on the evidence provided and what is in the best interests of the children. The children’s guardian would be involved in the case and so would the father.

All parties to the case will have an opportunity to let the court know their views. Please read the advice sheets which I am including again DIY Special Guardianship Orders - information for family and friends carers at page 10.; and Special Guardianship: what does it mean for birth parents?

I hope this clarifies the position for you. I know it must be worrying but the children are settled with you and the mother need to show how and why they are better off with her. Just saying it is not enough. Nothing will happen without you being involved in the court proceedings.

Best wishes

Suzie

[PLA4]

Ok thank you