Contact order

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fymlor
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Joined: Thu Sep 08, 2011 6:56 am

Contact order

Post by fymlor » Fri Nov 18, 2011 8:19 am

Hi
The social services suspended contact with our child for 7 day to carry out a risk assessment for there staff.There where pictures on the web about social workers which we did not post there but that is what they assumed.these social workers do not attend the contact venue but are our children's social workers but we have not spoken to them in month as we had a disagreement .
i was in the understanding that they can only suspend contact if it is in the interest of the welfare of the child?and this has now stopped us seeing the child for over 10 days which is only 5 and wants to see us.so can we get a judge to make a contact order to stop them suspending contact if it is not in the welfare of the child and attached a penalty notice?they have done this before for no good reason

thanks

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saddadandy
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Re: Contact order

Post by saddadandy » Fri Nov 18, 2011 8:52 am

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Suzie, FRG Adviser
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Re: Contact order

Post by Suzie, FRG Adviser » Fri Nov 18, 2011 2:51 pm

Hi Fymlor,

Thanks for posting on the board again.

I noticed on your other thread that contact with your older children has been stopped by bail conditions because of an ongoing criminal case. Presumably, your 5 year old is another child you are asking about and not affected by the bail conditions?

Children’s Services (CS), the new name for social services can suspend contact between parents and children under an Interim Care Order (ICO) for up to 7 days when they feel it is necessary to “safeguard and promote the children’s welfare.” If they wish to do this, they should set out to you in writing the reasons for their decision, how long contact will be suspended and how their decision can be challenged in court. Did this happen Fymlor?

I can see that you have a difficult relationship with your Social Worker (SW) and that you haven’t spoken to them in a month. As you are going through care proceedings, I presume you have a solicitor representing you. Have you asked your solicitor to write to the SW about your concerns? If you cannot come to an agreement with CS (with the help of you solicitor) about contact, I would recommend that you speak to him or her about making an application to court for a s34 Contact Order. Here is our advice sheet about contact with children in care, which explains how to apply for the Order as well as the benefits of contact and tips to help you negotiate with CS.

At FRG we do not agree with the views expressed by saddadandy on this thread and across the board. Although I appreciate you might find it hard to work with the SW, I would encourage you to try your best to – as well as any other professionals involved. Not doing so can be harmful to your case as it can be used as evidence against you – it could show that you are not co-operating, that you are not willing to work with CS etc.

Please get back in touch if you have any more questions.

Best wishes

Suzie

fymlor
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Joined: Thu Sep 08, 2011 6:56 am

Re: Contact order

Post by fymlor » Fri Nov 18, 2011 3:09 pm

Hi
thanks i just need to know this still
can we get a judge to make a contact order to stop them suspending contact if it is not in the welfare of the child and attached a penalty notice?they have done this before for no good reason

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Suzie, FRG Adviser
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Re: Contact order

Post by Suzie, FRG Adviser » Mon Nov 28, 2011 6:29 pm

Hi Fymlor,

Sorry for the delay in getting back to you. The short answer to your question is no, the court wouldn't make an order to stop the Local Authority (LA) suspending contact. But by having a contact order, contact would have to take place at set times (and place if stated) that the court has said and the LA has to comply with court orders in the same way anyone else does.

Best wishes

Suzie

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