I have had my 4 year old niece now for 2.5 years. She was removed from her mother's care due to suspected psychical abuse (most people involved think it was nieces older half brother), bm getting in dv relationships, drugs/drink and just all round concerns about her lifestyle. In May 2022 at the final hearing a full care order was granted to social services and for my niece to remain In my care until she is 18.
Bm is extremely plausible and is very good liar. Bm is recent months has 'appeared' to settle down and has recently told me she plans on going back to court.
My concern is she isn't settling down and is continuing her chaotic lifestyle. What steps would she need to appear to have taken for the courts to find she has a significant change in circumstances. I'm just so worried with how good a liar she is she could potentially end up getting the care order discharged and gets my niece back in her care.
Thank you
Discharging care order
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Suzie, FRG Adviser
- Posts: 956
- Joined: Thu Jul 28, 2011 12:25 pm
Re: Discharging care order
Dear SHC99
Welcome back to the Kinship Carers’ discussion board and thank you for your post. I am sorry to hear that you are worried about the possibility that your niece’s mother may regain care of her.
From the information provided, you are a long tern foster carer for your niece whom you have been caring for, for two and a half years. You have cared for her for most of her life as she was approximately 18 months when she came to you.
The Care Order was only made 6 months ago so a court recently considered your niece’s situation and decided that it was not in her best interests to return to either parent’s care. Instead the court agreed that it was best that she remain Looked After in foster care, with you, her aunt. Usually a Special Guardianship Order would be considered for a young child. However, in some situations the court will decide that foster care is the best option.
As the court order is so recent it is very unlikely that your niece’s mother would be successful if she applied to discharge the care order soon. You have also described a wide range of concerns about her ability to care for her daughter safely. It is good to hear that she is making changes but they also need to be maintained. The court’s main focus will always be your niece’s welfare and would also consider the impact on her of being removed for her primary carer (i.e. you) to whom she is attached.
Please see here for information about how a parent goes about applying to discharge a care order; they have to show a real change in circumstances.
As Children’s Services have parental responsibility for your niece they would be a party to any application by your niece’s mother to discharge the order. Their assessment of your niece’s mother and of your niece’s needs will be very important so if they are not in favour of discharging the order that will carry a lot of weight. You could consider applying for parental responsibility yourself via a Special Guardianship Order if you needed to.
As you are a kinship carer you could discuss your worries with your niece’s social worker, your supervising social worker and the Independent Reviewing Officer.
I hope this helps. Please post back or call our freephone advice line if you have another query or you would like to discuss further. Our helpline number is freephone 0808 8010366 and the lines are open from 9.30 am to 3.00 pm, Mon to Fri.
Best wishes
Suzie
Welcome back to the Kinship Carers’ discussion board and thank you for your post. I am sorry to hear that you are worried about the possibility that your niece’s mother may regain care of her.
From the information provided, you are a long tern foster carer for your niece whom you have been caring for, for two and a half years. You have cared for her for most of her life as she was approximately 18 months when she came to you.
The Care Order was only made 6 months ago so a court recently considered your niece’s situation and decided that it was not in her best interests to return to either parent’s care. Instead the court agreed that it was best that she remain Looked After in foster care, with you, her aunt. Usually a Special Guardianship Order would be considered for a young child. However, in some situations the court will decide that foster care is the best option.
As the court order is so recent it is very unlikely that your niece’s mother would be successful if she applied to discharge the care order soon. You have also described a wide range of concerns about her ability to care for her daughter safely. It is good to hear that she is making changes but they also need to be maintained. The court’s main focus will always be your niece’s welfare and would also consider the impact on her of being removed for her primary carer (i.e. you) to whom she is attached.
Please see here for information about how a parent goes about applying to discharge a care order; they have to show a real change in circumstances.
As Children’s Services have parental responsibility for your niece they would be a party to any application by your niece’s mother to discharge the order. Their assessment of your niece’s mother and of your niece’s needs will be very important so if they are not in favour of discharging the order that will carry a lot of weight. You could consider applying for parental responsibility yourself via a Special Guardianship Order if you needed to.
As you are a kinship carer you could discuss your worries with your niece’s social worker, your supervising social worker and the Independent Reviewing Officer.
I hope this helps. Please post back or call our freephone advice line if you have another query or you would like to discuss further. Our helpline number is freephone 0808 8010366 and the lines are open from 9.30 am to 3.00 pm, Mon to Fri.
Best wishes
Suzie
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