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[LYY15]

Hi
I am a special guardian to a little boy of 4 who was originally with me on a friend and family foster placement with the LA after he was subject to a care order.
He has been in my care for 3 years now and under an SGO since May 2022.
His 'recommended' contact by the local authority with his birth family is set out in the court order with ultimate decisions regarding contact to be decided by myself. This is clearly stated.
All contact so far has been supervised by myself as recommended and because I feel due to safeguarding concerns that this is fair and proportionate and in the child's best interest.
During the care order the child's great aunt (mother's aunt) had supervised contact in my home. Since the SGO I have been allowing only her and her family unsupervised overnight contact in their own home. This happens sporadically and usually in 3 to 4 month intervals for one night. I felt this was a thought out and considered option for them and I did not have concerns. However, the last but one visit, the child was left with a family I did not know for a few hours and was not told until he had been left there. I did express concern about this and asked that this didn't happen again especially without prior consent. Then the last visit there was a family emergency and without consent again, he was left, in the middle of the night in the care of her 14 year old daughter.
She called after I text her and I asked her to get the child ready for me to collect. I was then denied the child on collection who was not ready and I was told to go to her bedroom and wake him myself. When entering the home there was a very strong smell of cannabis and her daughter was asleep.She then continued to voice her displeasure at this and justify her actions. I bought him home. I am now not able to trust that she can safeguard him adequately and have told her that unsupervised contact will not be facilitated anymore.
She is not happy about this but I am resolute in my decision.
Does she have any legal standing on this? Or am I in my rights to dictate contact with the child's safety in mind.
I am happy for her to have supervised contact in a contact centre or participate in family time that I also supervise with her sister (the maternal grandmother) and mum herself.

[Robin D]

Hello Lynchyy and welcome here.

To make it clear, I do not work for FRG, but am a long time member here.

To answer you two questions:
Does she have any legal standing on this?
I am assuming 'she' is the birth mother. If so, yes she could apply to the court on the issue, but in my opinion is unlikely to get anywhere given that your perfectly sensible requests in relation to contact have been ignored, and you are not refusing contact, just that as a result of their actions, you want to have it supervised. The application would have to get through the 'leave' process first where a judge looks at the application and may or may not think that there are sufficient grounds to grant leave for a full application for the matter to be heard.

Or am I in my rights to dictate contact with the child's safety in mind?
Yes. Indeed you have an over-arching duty to protect the child from harm, whether physical or emotional.

@Suzie the FRG advisor may be along to provide more helpful information.

Best wishes ... Robin

[Suzie, FRG Adviser]

Hi
I am a special guardian to a little boy of 4 who was originally with me on a friend and family foster placement with the LA after he was subject to a care order.
He has been in my care for 3 years now and under an SGO since May 2022.
His 'recommended' contact by the local authority with his birth family is set out in the court order with ultimate decisions regarding contact to be decided by myself. This is clearly stated.
All contact so far has been supervised by myself as recommended and because I feel due to safeguarding concerns that this is fair and proportionate and in the child's best interest.
During the care order the child's great aunt (mother's aunt) had supervised contact in my home. Since the SGO I have been allowing only her and her family unsupervised overnight contact in their own home. This happens sporadically and usually in 3 to 4 month intervals for one night. I felt this was a thought out and considered option for them and I did not have concerns. However, the last but one visit, the child was left with a family I did not know for a few hours and was not told until he had been left there. I did express concern about this and asked that this didn't happen again especially without prior consent. Then the last visit there was a family emergency and without consent again, he was left, in the middle of the night in the care of her 14 year old daughter.
She called after I text her and I asked her to get the child ready for me to collect. I was then denied the child on collection who was not ready and I was told to go to her bedroom and wake him myself. When entering the home there was a very strong smell of cannabis and her daughter was asleep.She then continued to voice her displeasure at this and justify her actions. I bought him home. I am now not able to trust that she can safeguard him adequately and have told her that unsupervised contact will not be facilitated anymore.
She is not happy about this but I am resolute in my decision.
Does she have any legal standing on this? Or am I in my rights to dictate contact with the child's safety in mind.
I am happy for her to have supervised contact in a contact centre or participate in family time that I also supervise with her sister (the maternal grandmother) and mum herself.

Dear LYY15,

Thankyou for your post. You say that you have a special guardianship order for a 4 year old boy. You have been allowing unsupervised contact between the child and his great aunt, however due to recent concerns (including him being left in the care of a 14 year old and the use of cannabis in the great aunt’s home) you have decided that you will no longer allow unsupervised contact. You would like to know if you have the right to do so.

As you hold the majority of the parental responsibility for the child it is correct to say that you can make the ultimate decision as to who he has contact with, and whether this contact is unsupervised or supervised. The best interests of the child should always take priority and if you are concerned that he would not be safe in the care of his great-aunt then it would be expected that you would stop this contact (or change it to supervised contact). You can vary contact in any way if you feel that it is necessary to keep the child safe.

Child Law Advice and Rights of Women are also able to advise if you need any further advice.

I hope that this is helpful,

Best wishes,
Suzie