How can I stop a SGO and get my daughter back

[Pink123]

Hi, my daughter is currently living with paternal grandmother she is 2 this month. I fell pregnant with her at a young age and had her at 18. I was a victim of domestic violence and didn’t leave the father when I had so many chances todo so. When I had my daughter I was taken to a mother and baby unit for 9 months I was assessed by Foster career there and completed a parenting assessment which I passed. They had no concerns for my parenting atall . Unfortunately as I didn’t leave my daughters dad and when I did just before I was aloud to return to my home he told social services that I had lied to them for the past 9 months. They started court proceedings for her to live with paternal gran and took her under future emotional harm and obviously the fact they couldn’t trust me. She had been there just over a year and are looking at giving gran a SGO which I know is much harder to remove than a care order. My circumstances and life has changed dramatically in this time I am still not with her dad, I’ve completed 4 domestic courses, got my self a house, held down a full time job, met an amazing partner who is currently working full time, and kept to every contact with her. I am currently expecting a little boy due this month and he is coming home to me and my partner on a care and support plan and they have 0 concerns for the baby they are happy with us and all the work we are doing and how lovely our home is. So I really need some advice on if I can get my daughter home with me and her brother and how to do this? Social services don’t seem to want to move her or increase contact which I understand as it’s a big change in her life moving back home with me. But I know I’m the future it would mentally effect her being so far away from me and her brother. What rights do I have? Is there a chance of her coming home? Can I take it to court myself?

[Suzie, FRG Adviser]

Dear Pink123,

Welcome to the Parents Forum. I am Suzie, FRG’s online adviser. I am so sorry to hear about the DV that you suffered and that you were not able to leave your violent partner. It is very difficult to leave a violent partner, even with support in place. I am glad that you have done so now. You should be commended for turning your life around-going on the DV courses, getting a home and job and moving on. You are pregnant with your second child due soon. There will be a care and support plan so everyone is happy that he will be safe with you and your new partner.

In respect of your daughter, it sounds like there is a full care order and she is placed with Gran. Is that right? The local authority wants to support Gran to apply for a special guardianship order.
If there is still a care order, then the first step is to let the social worker and the independent reviewing officer (IRO) know that you oppose the plan and believe it is in your daughters “best interests” that she comes home to you. Ask for an independent assessment so that they can see for themselves, how things have changed. Have a look at the advice sheets -number 17 about re-unification of children home from the care system which gives tips on page 8 onwards.

If the assessment has happened already and children services do not agree, then you could consider court proceedings to discharge the care order-if it is after 6 months from the date the care order was made. You would need to show how things have changed and also that it is in your daughters best interests for her to return home to you. Please see page 12 of the above advice sheet. The CAFCASS guardian will be appointed to represent your daughter during the proceedings.
If the SGO proceeding have started, you will be notified of the proceedings and can fill in the court form to advise that you are opposing this. You will need to attend the court hearings. You should then ask for an independent social worker assessment. Please see advice sheet 20 about what a SGO is and what it means for parents.
Also the Child law advice line has advice about SGO’s.

The idea of what is in your daughter’s best interests is important in both types of court proceedings. To assess best interests the court uses the “Welfare Checklist”.
The father of your daughter will also be a party to any of the proceedings.
I suggest you get legal advice from your solicitors about the best way forward. They will know your case well and will be in a better place than us to advise whether you will be successful. You are not automatically entitled to legal aid in respect of discharging the care order. There is a means and merits test. Check with the solicitor.
We are advocates are free barristers who might be able to help.

I hope my advice helps. If you have any questions, please post again or call our advice line for detailed advice and support.
Kind regards,

Suzie

[Pink123]

Suzie I have just seen your reply and cannot thank you enough! You have helped massively