Advice Please

[kag]

We were granted SGO to our grandson in 2013 when he was 5 yrs old. He has been in contact with his mother throughout this whole time. A month ago, now at age12 she has convinced him to say he is ‘scared’ to be at home and that he hates us and go to live with her. The LA have taken up the case and in the meantime have suspended our SGO allowance. Our question is, are we entitled to continue claiming child benefit and child tax credits? Or do we need to tell them he is not here currently?– (we have sent the last payment of child benefit money to the mother as she was claiming she couldn’t afford to feed him). We are in rented accommodation and rely on the sgo allowance and other benefits to keep the house going, (we wont need such a large house if our grandson is not coming back so can downsize to accommodate just ourselves as a couple). The LA are dragging their heels and simply told us that as and when the child comes home the allowance will be reinstated. They have advised us that they have no powers to bring the child home, neither do the police as he is 12 and told us to seek legal advice. The mother has mental illness, has another child who she is only allowed to see 4 hours per month under supervision and is currently pregnant again with a 3rd child. We have no idea how long this may take, if it happens at all and are very concerned for the child due to the erratic behaviour of his mother and the longer he remains in her care the more she is brainwashing him and causing him further damage, the LA dont seem to be concerned about this as he has now been with her since Christmas Eve. Can you offer advice please?

[Suzie, FRG Adviser]

Dear kag

Thank you for your post, my apologies for the delay in responding.

I am sorry to read about your situation. In answer to your question, I would signpost you to the Government’s website where you will see what is or may be applicable to you in relation to child benefits and child tax credits. Citizens Advice can offer advice on the matter too.

I am sorry to read that you wrote that your local authority said that you have no powers to bring the child home. You have an SGO therefore have the ‘right, duty and the power’ to make decisions for the child our advice sheet about SGOs (see page 5) will tell you more and here is another about Special Guardianship: what does it mean for birth parents?. It may be a good idea for you to ask the local authority what they are doing ‘now they have taken up the case’; have they done an assessment? They should be able to tell you this and its outcome. I would say too that they should tell you what their concerns are about your caring for your grandson and what remedies they have taken to alleviate ‘his fear’ of returning to your care.

Best wishes

Suzie