Complicated situation

[Leostarsign]

Apologies for the lack of pleasantries, however I wondered if anyone here had ever had a child under an SGO, AND the parent who has been deemed unfit in keeping her own children, (one adopted, one under an SGO, and at least 2 abortions to prevent further legal issues) having 4 LAC kids put into their care while doing a CPA??

Nothings changed at all with the parent, the reasons the children were taken still stand and are in fact WORSE. Like violent partner - beat her recently with a hammer, who she refuses to leave/stay clear of.

She wants to take me to court to get the child back.
Any advice suggestions ??

[Robin D]

Hello and welcome.

Under a SGO, unless the legislation has changed, the birth parent can take the matter back to court, but can only apply initially for 'leave to appeal'. To get through the first step they have to be able to demonstrate that there has been a 'significant change in circumstances'. I doubt from what you write that they would be able to do that. This 'leave' requirement was deliberately put in place to provide extra security for the child, and the special guardian and to prevent constant reapplications to the court.

Even if they do get through the 'leave' stage, then there would then be a full assessment where I suspect either Cafcass or the local authority would be involved before any hearing.

@Suzie may be along to provide more information and advice.

I appreciate that any application back to court is extremely upsetting. It is recognised that this affects the child as well as those providing the care. Hopefully this is just mum flexing her muscles or expressing a wish.

Good luck .... Robin

[Suzie, FRG Adviser]

Apologies for the lack of pleasantries, however I wondered if anyone here had ever had a child under an SGO, AND the parent who has been deemed unfit in keeping her own children, (one adopted, one under an SGO, and at least 2 abortions to prevent further legal issues) having 4 LAC kids put into their care while doing a CPA??

Nothings changed at all with the parent, the reasons the children were taken still stand and are in fact WORSE. Like violent partner - beat her recently with a hammer, who she refuses to leave/stay clear of.

She wants to take me to court to get the child back.
Any advice suggestions ??

Dear Leostarsign

Welcome to the kinship discussion forum and thank you for posting. My name is Suzie, Family Rights Group online adviser and I will respond to your post.

I am sorry that you are feeling distressed by the actions of the birth mother to the child for whom you have a special guardianship order (SGO)

You have already had some helpful advice from another poster.

It is correct that if a birth parent wishes to discharge a SGO then they are required to apply to the court for permission to make that application. If permission is given, then the parent or parents would then have to show that the concerns that led to the child being removed from their care no longer exist or there has been a significant change in circumstances. It will not be enough to say that things have changed, the court will require evidence of that change.

In addition, the court would ask for a report to be prepared by children’s services and the children’s guardian who represented the child’s interests in the previous case would be involved again. The child’s wishes and feelings would be considered as well.

The court, when considering the application to discharge, would only make an order if it serves the child’s welfare and this is the most important factor in its decision making.

You have stated in your post the circumstances which led to the child been removed from the mother’s care and indicated that these are ongoing. This being the case it does not appear that the mother situation has significantly changed. However, as a parent she is able to make her application to the court. You would be given the opportunity to inform the court of your concerns and why you oppose the application. It would also be possible for you to use this as an opportunity to ask the court to look again at the contact the birth mother is having with the child. This means you could ask for a change in the amount and frequency of contact.

I think sometimes parents threaten to return to court as this might been seen as the most upsetting thing for a special guardian and the parent may see this as exerting some power where their parental responsibility is diminished by the SGO.

You may find it helpful to read our advice sheet for parents when there is a SGO. Also, you can read about how a SGO can end on page 10 of this document

I hope you find this information helpful and should you wish to speak to an adviser, please telephone our free confidential advice line on 0808 802 0366. The advice line is open from 9.30am to 3.00pm Monday to Friday (excluding Bank Holidays).

Best wishes

Suzie

[Leostarsign]

Thank you both for your reply.

I'm just exhausted with the situation and it feels like I'm fighting the world to keep this child safe.

It's a bit reassuring to know this.
I really appreciate both of you.taking the time.to reply.

[Robin D]

Sadly it's all too common. We were also foster parents for many years, and in some cases, dealing with the parents was more exhausting than helping the children. However, to be honest, the most stress came from the social workers who changed every other week.

I can also empathise with the parents who are unable to rationalise the situation, and to put their children's needs above their own. It's perfectly clear to you and I that in many circumstances, the parent is not capable of providing proper care, but it's a very large and bitter pill for the individual to swallow. Sadly, many had poor upbringings themselves and if nothing is done, the cycle never gets broken.

However, of the scores of children we helped, about five have reverted back as parents and put their needs above those of their children. Two of those presented us with three of the next generation to bring up. Of that generation, one has since gone off the rails, and his partners children have been removed because of continuous domestic violence. I don't have the answers, but a wise social worker told us about 40 years ago that if we 'save one in three' we would be beating the average. I don't know where that figure came from, or whether its now better or worse, but I believe we do know for a fact, that outcomes for children brought up within the wider family are better than those for children is stranger foster care/adoption.

No magic wand to wave, but please keep fighting. It will come to an end eventually.

Do please also look at https://frg.org.uk/get-help-and-advice/ ... ort-group/ to see if there is a support group near you, Having someone to talk too who really 'understands' will help you immensely.

Sending a virtual hug and best wishes.