Dear HeartBroken
Welcome to the forum and thank you for your post. My name is Suzie and I will be advising you today.
You want some advice about challenging the negative viability assessment completed by the local authority for you and your partner in respect of your granddaughter. You were informed of the outcome of the assessment on 28th September. You are not sure how to make the challenge and are also worried that your ill health will impact on your ability to do this.
I am sorry to hear you are unwell, it can feel overwhelming to think about all the information required, when you are not feeling great. I hope you feel better soon.
If due to ill health you are unable to focus on challenging the local authority’s decision you will need to inform the social worker in writing (copying in their manager) and the court (if in care proceedings) without delay. You can do this through email. I would advise you to provide any medical evidence you have to back this up, for example a doctor’s note. The social worker will have the contact details for the court. For further information about kinship care you may find our web page
HERE helpful. Point 5 has information about challenging initial assessments.
You need to challenge the local authority’s decision as soon as possible. To do this you will need to inform your grandchild’s allocated social worker (copying in their manger). We have a template letter on the Top Tips and Templates page of our website for people who want to challenge a negative initial viability assessment. It is letter number 3 and
HERE is the link. The template offers a structured approach to challenging the decision setting out what needs to be included and who needs to be notified.
If your grandchild is looked after in the care system you will also need to inform the
Independent Reviewing Officer. If
Care Proceedings
have started in the family court then you can send a copy of the letter to the court too.
It is a good idea to seek legal advice when challenging the negative assessment. To find a solicitor, search using the ‘how to find a solicitor’
function on website
The Law Society website . Look for someone who is a child law specialist or who has
Children Law Accreditation. For information about working with a solicitor, please see our top tips guide Working with a solicitor
working with a solicitor.
You may be eligible for Legal Aid
Legal Aid. I have added a government website link which explains who is eligible and how to apply. If you need help to apply, your local Citizens Advice
Citizens Advice will be able to offer support and guidance. The link will take you to their website which has a search engine to find one local to you.
If you are not eligible for legal aid and cannot afford a solicitor, you may find the
Child Law Advice website helpful. They offer a call back service at a time that suits you (subject to availability) between the hours of 8.30am-5.00pm Monday to Friday. This is for an advice call of up to 30 minutes at a cost of £25 with a legal advisor. If you do take this route, I would advise you to have all the necessary documents to hand alongside any questions you may have about the process of appealing the decision to ensure you get the best out of the call. To book a call, when you go onto the website you will see a £ sign and telephone. If you click on this, it will direct you to booking a call.
If you would like to discuss your situation with an adviser please call our free advice line: 0808 801 0366 (Mon-Fri 9.30am-3pm) or post again if you have a further query.
I hope this information is useful for you.
Best wishes, Suzie