Dear Oaktree,
Welcome to the Friends and Family Carers Forum.
I can see that there are care proceedings in respect of your sisters 4 children as children services are concerned that they suffered non- accidental injuries. I am so sorry to hear this. I cannot imagine how difficult it must be for the family especially given the delay.
I can see that there has also been delay in some of the testing needed to ascertain whether the injuries could have been caused by a blood disorder. This is now happening thanks to your foresight.
I can see that the “fact finding” hearing has not yet taken place. You are right to say that decisions about where the children might live in the future will not take place until after the fact finding hearing. Only then will the court have a better idea as to how the marks occurred. Whether they might be due to an underlying health condition or even whether the court decides that someone caused them deliberately.
It is important to note that when a judge in a family court finds "facts"-it is based on a lower burden of proof than is used in the criminal court. So if it decides that there is no medical reason for the marks, it then might ask the question whether it “more likely that not” that the injury was caused deliberately? (In a criminal court the judge or jury would have to find “beyond reasonable doubt” that the injury was caused by someone).
This is a complex area of law.
The Child Protection Resource explains what happens in the family court when non- accidental injury is suspected.
As an aunt you are being assessed to care for the children only if they cannot return to the parents.
So you would only get considered for a special guardianship order if the court ruled against the children returning to the parents. (However, you need to be assessed before so that further time is not lost in planning for the children).
The court would have to find that there is “ reasonable cause that the children suffered significant harm or are likely to suffer significant harm if they are returned home to the parents”.
So it is important that if this happens you can show you can protect the children against your sister. Many relatives fail an assessment because they just cannot accept that a parent “could” be a risk. So you need to show that you can step back and work with children services to protect the children against your sister, if the fact finding goes against her. It is really important that you have that conversation.
Have a look at our
FAQ’s for relatives thinking of raising other people’s children
Our
advice sheet about fostering assessments is also useful. It takes you through the different steps of an assessment and it gives tips as well. The SGO assessment will be similar. Please see page of our advice sheet 54 of our advice sheet about SGO's.
DIY special guardianship orders .
I hope my advice and the links I give are helpful.
If you have any questions, please post back or call our free and confidential advice line on 07808 801 0366.
Best wishes,
Suzie