contesting a failed assessment

[Suzie, FRG Adviser]

Dear Luv2read

You have already had some very helpful and supportive responses to your posts.
As you will see from the MA whose thread you posted on, there can be a successful challenge of an assessment. You had a positive assessment and only now because of your daughter, children services are not recommending you for a special guardianship order.

If that is the only reason, I do not think this will be sufficient evidence for the court to say that there will be a risk to you having permanent care of a child. Although your daughter is sleeping at her boyfriend’s home, it cannot be said that she is so out of control that you do not know where she is. Has children services commented on the fact that her boyfriend's mother allows her to stay even though she has a young child in the home. Very few parents know the history of the parents of a person their child is seeing. The fact that they have a child in foster care might be of concern to children services who will know their history but they cannot say that you have to as well.

Your daughter is still a child and if children services think she is in danger or beyond your control they could take action and treat her as a child in need or suggest that you agree to her being accommodated so children services can safeguard her.

The judge made you a party to the proceedings, I suggest that you take the positive from that especially as you were positively assessed by children services. The court can go against the guardian if it is considered to be in the child’s best interests. Also, the guardian cannot just agree with children services without giving the court good reasons for doing so.

As the MA has posted a success story it is possible that you too will come out with a happy ending. Please have a look at our information page for family and friends carers here .

Should you wish to speak to an adviser, please telephone our advice line on 0808 801 0366. The advice line is open from 9.30 a.m. to 3.00 p.m. Monday to Friday.

Best wishes

Suzie

[flowers]

hi my self and partner got a negative on our assessment can the judge overturn this ? if we both explain that what we faild on was years ago and that we have turn are lives round now ,i mean it was like 10 yrs ago and i was depressed ,

[TheMA]

Flowers - are you party to proceedings?

I was not when i had my negative viability assessment, however i answered this document in a statement and challenged each negative point it held on me. I submitted this statement to court via the childrens guardians solicitor, i was then at this point made party to the proceedings. In our case we sought to have another viability assessment to be made on myself, however this time by an independent social worker who gave me a positive result. The courts granted that the LA now carry out the SGO assessment - which the LA failed me on. i did again what i did before i wrote a statement answering and challenging every point on the assessment i didn't feel was fairly made or was down right incorrect.

it is a long slog, and the wind may change many times but dont give up until the judge has ruled you out - not the LA.

[Suzie, FRG Adviser]

Dear Flowers,

I am sorry that we did not answer your post back in November. TheMA has given you sound advice.

Do you still need any advice form us? If so, please do post back or call our advice line on 0808 801 0366.

Best wishes,

Suzie

[grandmotherwoody]

I have just failed my assessment for family and friends foster carer and sgo.i do not agree with the outcome and want to keep my grandson within our family.What do i do next times running out.

[grandmotherwoody]

Lots of different reasons

[Suzie, FRG Adviser]

Dear grandmotherwoody

Welcome to the Family and Friends Carers’ discussion board and thank you for your post. My name is Suzie, Family Rights Group’s online adviser.

I am very sorry to hear that you have had negative assessments for both family and friends foster care and for special guardianship. Did you have full assessments for each of these or was it a viability assessment to rule you in or out for further assessments? There are different ways of challenging depending on what assessment/what stage you were at, in relation to fostering assessments. You can find out more in Family and Friends Care: becoming a foster carer. You can also make a complaint if dissatisfied with a special guardianship assessment.

However, as you are worried that time is running out I am guessing that your grandson’s case is currently in care proceedings perhaps with a final hearing due shortly. If that is the case, then time is short and you will need to let the court know you are wishing to challenge.

It is not possible to give very detailed specific advice at this stage as we don’t have much information. You might, as ied53 has suggested, wanted to seek legal advice (if you can) or to ring Family Rights Group’s Freephone advice line on 0808 8010366 between 9.30 and 3.00 Monday to Friday.

You could also post back, providing more information.

However, in the meantime and if the case is in court you should think about doing the following:


• Make sure you have a copy of the assessments in writing.
• Let children’s services know that you disagree with the findings of the assessment and wish to challenge.
• Consider what specific reasons you have been given for your negative assessments.
• Think about and prepare a response to every point or concern that has been raised – show how you would address each point, what you would do differently, demonstrate if information is unfair or factually incorrect.
• Try to find out what other parties’ views are e.g. the parents, your grandson’s Guardian etc.
• If your grandson’s parent (s) support you as his possible carer they can seek advice from their solicitor about your negative assessment.
• If you are already involved as “a party” to the proceedings submit a report to the court addressing all the points as above.
• Consider asking for an independent assessment to be carried out.
• If you are not already a party to the proceedings ask the court’s permission to become one – you can do by completing a Form C (for more information see Care (and related) proceedings and then respond as above.
• Check if you are able to get legal aid by contacting a solicitor who has Children Panel accreditation. However, you may not be eligible and so would need to represent yourself as a litigant in person.
• If there has not already been a family group conference to bring together the family network the child’s parent(s) can ask for this.
• If there are other possible family members who could care for the child (in addition to you) encourage them to ask to be assessed urgently/ parents should put forward their names to their solicitors.

Are you also aware of Child Arrangement Orders (CAO)? A CAO is another court order which a relative can apply for which, if obtained, gives them parental responsibility for a child. You can find out more in this advice sheet on Child Arrangement Orders.

I hope this is of some help. If you are able to explain more about the situation we may be able to give you more specific advice.

With best wishes

Suzie

[grandmotherwoody]

I have failed my full assessment for fostering/sgo for my grandson.My daughter and ex-partner have both spoke to their solicitors for them to do ISW
review on me on their behalfs.because none of them agree with the outcome of my failed assessment.unfortunately none of them seem to want to do it.Any suggestions?

[Brokenheart3]

I really need advice my friend of over ten years has 3 children under 5 I’ve been a big part of there life’s but over the last two year more with the younger two having them days on end I’ve been there on all the birth and derlivered the youngest my self the social workers was aware how much I had the two youngest due to being in the parents care they was put in foster care due to her life style around them ive had an assessment and got negative due to my friendship with the mother although my assessment is very positive in every thing I’ve told them I only see her to pick or drop kids off , social service got dates wrong saying one of the children was inhospital in April witch is important to our case as he was not in my care for 4 days yet on the paper work they got May witch he was with me most of may so they saying I’m sticking up for mother the judge has void the paper work and told social services to start again I’m waiting to see if I’m out the pool of suspect before I can speak my assessment it’s braking me as I’ve been a mother to this children I’ve never had police at my door and raised 3 children alone and no social workers me and there mum are total opposite

[Malmac97]

Hi.. does anyone know if you fail a parenting assessment a judge can over look it?? Any help would be great??