Failed viability assesment

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MrsB
Posts: 2
Joined: Thu Jun 11, 2020 7:27 pm

Failed viability assesment

Post by MrsB » Fri Jun 19, 2020 9:02 pm

Hi everyone.

Me and my husband have been looking after our nephew for the last 10 weeks. We underwent a fostering assesment and failed due to not revealing a previous incident from my husbands previous marriage. He was arrested and NOT charged for a domestic which resulted in a mirror being broken 14 years ago. My husband had completely forgotten about this incident.


Anyway, to cut a long story short. Has anyone applied to be a part of the care proceedings and applied for a child arrangements order at the same time?

Many thanks.

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Suzie, FRG Adviser
Posts: 771
Joined: Thu Jul 28, 2011 11:25 am

Re: Failed viability assesment

Post by Suzie, FRG Adviser » Wed Jul 08, 2020 3:38 pm

Dear Mrs B

Welcome to the family and friends carers’ discussion forum and thank you for your post.

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

I am sorry that you have had a negative assessment due to a historical incident of domestic violence which was not mentioned during the assessment. Was this the viability assessment and was no police checks carried out before your nephew was placed in your care? If this was the only thing that caused you to have a negative assessment you may wish to challenge it and ask for a further assessment by an independent social worker, as it was a long time ago. There may be other concerns of course.

In order to do have a further assessment or, as you have asked apply for a child arrangement order, you would need to apply to be joined as a party to the care proceedings. This is done by completing the appropriate form on which you would inform the court what you are asking for the judge to do.

Please read our advice sheets Care (and related) proceedings and DIY Child Arrangements Orders: information for family and friends carers for more information.

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.

Best wishes

Suzie

HeartBroken
Posts: 6
Joined: Thu Apr 29, 2021 12:04 pm

Re: Failed viability assesment

Post by HeartBroken » Sun Oct 03, 2021 5:25 pm

Hi myself and my partner have recently failed our first viability assessment with regards to a possible sgo we were given the outcome on Tuesday 28th September at 3pm. Unfortunately I haven't been very w and have been unable to dispute the outcome, also we haven't been told who or where to send our written dispute to and I feel like time is running out. The reasons for failing were mostly due to lies that the bm has said about us, and some points that were written by one of the supervisors during a contact session with my gd accusations which didn't take into account why I had asked my gd not to do certain things, she was running near a river and we were heading towards a car park,I had asked my gd not to run, but it appears that this hasn't been taken into account by the supervisor or if it was this wasn't mentioned in the report given to us. As I have said it is mostly the lies of my daughter the bm of my granddaughter that SS have chosen to believe. It has been her word against ours, apparently bm has implied she had a very traumatic childhood yet she on!y chose to move out of the family home at the end of February 2020, we had helped to bring my gd up for 6 yrs. Ss haven't even spoken with my other daughter to ask her opinions or that of her biological father. Sorry if I am not making much sense as I am still Not feeling well and I don't know what to do as I understand we only have 7 days to appeal and I am not sure I am able to make this deadline as I have no idea what to do.

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Suzie, FRG Adviser
Posts: 771
Joined: Thu Jul 28, 2011 11:25 am

Re: Failed viability assesment

Post by Suzie, FRG Adviser » Tue Oct 05, 2021 12:31 pm

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

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