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Posted: Fri Jun 13, 2014 10:18 am
So we have moved out of the area by around 5 miles due to harassment of the child's parents and we are now been getting harassed at school instead. So we have asked LA if we can change schools. They have said we need Mums permission , is that correct ? Are they telling me the fully story here? The child is classed as "looked after" as we wait for the court process to finish. Also i have got a harassment warning on them from the police which worked for a while but not any more. And the LA aren't doing anything . I cant keep doing this until we get our SGO which is 6 month to a year away yet. I need to protect and safeguard but at tye moment the LA is putting us all at risk. Anyone help please thanks
Re: Changing schools
Posted: Wed Jun 18, 2014 9:01 am
It would depend what the court process is that you say you are going through, and who has parental responsibility during that process. You say that the child is categorised as 'looked after' during this process, but this could mean one of two things - either that the child is under an Interim Care Order, or that the child is 'accommodated' and there is at the moment no order.
If the child is under an Interim Care Order (ICO), then if the parties cannot agree on something such as the child's education, you could ask for the court to make a direction on where the child could be educated. It will be easier to make this case to the court if you have been included as a party to the proceedings. If you are not a party, you could try speaking to someone who is a party, and might be willing to put forward your concerns - it sounds as if the mother and the local authority wouldn't do that, but maybe the Cafcass officer would? I would suggest speaking to her/him and explaining the problem.
If the court hasn't made an ICO and the child is accommodated, then it would be more difficult, as the parents would be the only ones with Parental Responsibility. However, it would be unusual for there not to be an ICO during proceedings, and it is usually an indication that parents are agreeing to work with the local authority's plans, which doesn't seem to be happening with your case.
Do you have a date for the final hearing? If the plan is that the care Order is granted and then you apply for the SGO, then you should be able to make the change as soon as the care order is granted, without having to wait for the SGO, as the local authority would have full power to use their parental responsibility to make this sort of decision as soon as the care order was made. It is hard to see what objection they could have at that point. While proceedings are still in progress, and there remains a possibility of the child going back to parents, they might be reluctant to authorise a change of school, in case the child then needs to switch back if the care application is unsuccessful. After the care order is made, with a plan for you to become special guardians, it would seem to be in the child's best interests to go to the school of your choice.
Re: Changing schools
Posted: Wed Jun 18, 2014 5:37 pm
Yes there is a Interim care order in place at the moment. We had a meeting and changing schools was mentioned because of harassment. And no later than 10 minutes later the school had to ring police, they was kicking off outside . This was while the LA and other professionals was present. So now they said they will take it to court to get A's school changed. Shouldn't of got this far. Don't know what I'm going to do while LA try get this into court .I'm really stuck getting them to school safely and this most recent meeting has proved that. I mean i was late by 20/30 minutes picking my son up from nursery because i coundn't leave the building.
Re: Changing schools
Posted: Sun Jun 22, 2014 1:46 am
I need to protect and safeguard but at tye moment the LA is putting us all at risk. Anyone help please thanks
Please be careful . The LA can use these type of problems against you if they wish during your application for the SGO. They can say you are unable to protect the child/children from the parents
Talk to your Solicitor as soon as possible, if you have not got one get one immediately.
If at all possible talk to the parents and try to explain that their actions are not in the best interest of the child/children
You could try to ask for a Family Group Conference. You can find out more about these on this site.
Other than that, there is a restraining order, but the parents have parental responsibility so not sure if this would be granted by a court unless you can show these events are causing the children harm , ie: emotional harm.
Last but not least : Rights Of the Child
Article 4 (Protection of rights): Governments have a responsibility to take all available measures to make sure children’s rights are respected, protected and fulfilled.
Remind everyone involved, especially the The LA and the CAFCASS Officer of the above.