Accused of NAI

[AnxiousAunt]

I am currently a kinship carers for my nieces and nephews, under a Reg 24 agreement. The birth parents have been accused of NAI, and the children are currently under an ICO. The Fact Finding hearing is in April. My initial assessment to care for the children is positive and I'm undergoing further assessment for an SGO as part of their permanence planning.

As part of the assessment, the social workers are pressuring me that I will HAVE to accept that the injuries were caused by the birth parents, however I don't believe for one second my brother or his partner have hurt their child. I have however said that I will respect the decision of the court and will continue to safeguard the children, but this doesn't seem to be enough for them. I'm worried that if I refuse to accept the fact they caused the injuries, this would affect my assessment for an SGO.
They say that I can't respect the decision of the court whilst also not believing that they caused the injuries, but I don't agree. I believe its in the best interest of the children to maintain a relationship with their birth family and stay in the care of the wider family, so should I just say that I accept the decision even if I don't?

[Suzie, FRG Adviser]

Dear AnxiousAunt,

Welcome to the kinship forum and thank you for your post.

You say that you are a kinship carer for your niece and nephew, who are subject to an interim care order. Care proceedings have been initiated due to suspected non-accidental injury and the fact finding is due to be held in April. You have undergone a positive viability assessment and are undergoing a full special guardianship assessment. You say that the social workers are pressuring you to accept that the injuries have been caused by the birth parents - you say you do not believe this, but have said that you will respect the decision of the court and will continue to safeguard the children. You are worried that this may impact the outcome of the assessment and want to know whether you should say you accept the decision even if you do not.

This is understandably a difficult and complex situation for you. Children's services are assessing your capacity to care for the children in the long term as a special guardian - if you are granted a special guardianship order, you will have the responsibility of ensure the children are kept safe. This includes managing contact with their parents in a safe way. I am not privy to the details of the case, nor the evidence that may indicate that non-accidental injury has taken place - however, children's services may be concerned that you are minimising/denying the possibility that the parents may have caused these injuries. I understand that a fact-finding hearing has not yet taken place, however, they may worry that even if the judge finds the parents at fault, you will have difficulty accepting and believing this. This could have consequences in the longer-term.

I am not able to tell you what to do or say in the assessment. I would encourage you however to be open to all possibilities when thinking about what may have happened. Children's services want to know that you will put the children's safety and best interests before everything else. Things may become a little more clear after the fact-finding hearing and it may be easier for you to accept what may or may not have happened after this.

I hope you have found this helpful.

Best wishes,

Suzie.

[Suzie, FRG Adviser]

Dear AnxiousAunt,

Welcome to the kinship forum and thank you for your post.

You say that you are a kinship carer for your niece and nephew, who are subject to an interim care order. Care proceedings have been initiated due to suspected non-accidental injury and the fact finding is due to be held in April. You have undergone a positive viability assessment and are undergoing a full special guardianship assessment. You say that the social workers are pressuring you to accept that the injuries have been caused by the birth parents - you say you do not believe this, but have said that you will respect the decision of the court and will continue to safeguard the children. You are worried that this may impact the outcome of the assessment and want to know whether you should say you accept the decision even if you do not.

This is understandably a difficult and complex situation for you. Children's services are assessing your capacity to care for the children in the long term as a special guardian - if you are granted a special guardianship order, you will have the responsibility of ensure the children are kept safe. This includes managing contact with their parents in a safe way. I am not privy to the details of the case, nor the evidence that may indicate that non-accidental injury has taken place - however, children's services may be concerned that you are minimising/denying the possibility that the parents may have caused these injuries. I understand that a fact-finding hearing has not yet taken place, however, they may worry that even if the judge finds the parents at fault, you will have difficulty accepting and believing this. This could have consequences in the longer-term.

I am not able to tell you what to do or say in the assessment. I would encourage you however to be open to all possibilities when thinking about what may have happened. Children's services want to know that you will put the children's safety and best interests before everything else. Things may become a little more clear after the fact-finding hearing and it may be easier for you to accept what may or may not have happened after this.

I hope you have found this helpful.

Best wishes,

Suzie.