Over turning a SGO

[Letsgetthissorted]

Hello,

I will try to keep this as short and detailed as possible.

My husbands daughter who is 12 years old, has been living with us full time since April 2020. Prior to that my husband has a contact order for all weekends.

My husbands mother has a SGO order granted in 2011 - child was taken away from her from Biological mum through the courts due to child neglect.

Child and grandmothers relationship began to get violent and aggressive from 2018 we have always tried to get this resolved but daughters mental health was becoming effected.

As mentioned we always had my husbands daughter every weekend, brought all her belongings, attended every parents evening holidays all homework etc.

I dropped My step daughter back to her nans on April 15th 2020 and then received a phone call from the grandmother stating she no longer wanted full custody of child.

We live in a 1 bedroom flat and have just expanded the front room to make a whole bedroom for her. Very cramped but she’s happy and safe.

Now the problem we have is the grandmother (my husbands mum) still claims all child benefit, a lot of social services money, child tax credits etc. She provides nothing at all whilst taking 1000 a month? Surely this is illegal?

We asked if we could claim the child benefit which she has said no and she will send the police to our door.

She has cleared out my step daughters room of all her belongings? Has no intention of wanting her back but will not sign her over.

Me and my husband do not have the funds to pay the high court fees.

If we don’t force our daughter to see her nan once a week then we get threatened with il send the police round to take the child having to send a 12 year old crying is awful.

Now my daughter has said she will rather go in to care. Whilst she is not in physical danger the mental impact os huge.

To be honest me and my husband are struggling financially she has just started secondary school and have tech bills, bus pass food money etc.

There has never ever been any concerns over myself and husband. It was purely that my husband was working full time and thought it was best he had no idea his mother was going to do this.

We are scared of who to ask for help incase our daughter gets taken?

Any help or advice would be greatly appreciated!

[Suzie, FRG Adviser]

Dear Letsgetthisssorted

Welcome to the kinship carers discussion forum and thank you for your post.

My name is Suzie, online adviser at Family Rights Group.

From your post I can see how worried you are about your stepdaughter and the way in which her grandmother, the special guardian is behaving at present.
Firstly, the grandmother should have informed children’s services that the child in no longer in her care. She is not entitled to receive a special guardianship allowance if the child is not living with her. Child benefit is paid to the person with whom the child is living so she should not be claiming that either.

Her threat of calling the police is not one you need to worry about as your stepdaughter is able to tell the police why she wants to remain with her father. If she is safe and well the police are unlikely to remove her back to her grandmother. Her father if he is on her birth certificate or was married to her mother has parental responsibility for her as well.

Your husband and you should inform children’s services that the child is living with you and the circumstances in which she came to live with you. You mention that you are struggling financially so you could ask for support from children’s services. You could also ask for her to be assessed as a child in need because of her mental health so she can get the support she needs.
If your husband has parental responsibility, he can apply to the court for permission to discharge the special guardianship order and a child arrangement order made in his and your favour.

It is very important that children’s services is made aware that your stepdaughter is now staying with you and her father. and the date when she started to do so.

Please read this information https://frg.org.uk/get-help-and-advice/ ... -services/

Here is information for parent relating to special guardianship https://frg.org.uk/wp-content/uploads/2 ... arents.pdf

I hope this is helpful, but should you wish to speak to an adviser, please telephone our advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday (except Bank Holidays).

Best wishes

Suzie