Supervision decision

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PerfectlySafeDad
Posts: 171
Joined: Tue Aug 23, 2016 2:57 am

Supervision decision

Post by PerfectlySafeDad » Mon Jun 20, 2022 1:12 am

I am under a SHPO which stipulates no unsupervised contact with anybody under 16 'unless with consent of the parent'. My ex-wife (my son's mother) and I have been reconstructing a lot of trust and contact and exploring ways for me to see more of my son (9yo). Currently she supervises me with him, but can only do this once a fortnight. We suggested that my new partner (who has a clear DBS check) do some of the supervision, which would be convenient for all of us and free up a lot more contact for me. My family law solicitor even advised exactly this, stating it should be just a bog-standard risk assessment and we'd get the go-ahead so long as my partner showed that she understood her responsbility (she has not showed anything to the contrary).
Well, after 6 weeks of waiting for the children's service's opinion, they have told us they do not approve it 'because my new partner is too close' - ie needs somebody more independent. Legally, my ex-wife can go against this advice, but will not (out of fear of the authority but not because she believes there is too much 'risk'). In herself, she was totally willing to do it, having met my partner and happy with the stability that exists between the 3 of us.
My offences are 5 years distant, by the way, my community sentence served, no re-offending, excellent reference from the police supporting my recent application to be discharged from the SHPO (and thus the SOR too), and the offences were never in any sense towards my own son in any case.
For these reasons I feel their decision is disproportionate, and in everybody's interests my current partner should be deemed fine to supervise. They're opposing an extremely workable solution, where other solutions are not half as workable (such as their idea of using an 'agency' worker). Also, there's the matter of 'criminalization by implication' towards my partner which we resent - that she herself is a risk to children (by virtue of being in a relationship with me) and unfit to supervise. She's a responsible adult. She cares about children. Full stop.
The question is, on all the above grounds, can we protest this decision, get it overturned, and what it is the best route to do so?

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Suzie, FRG Adviser
Posts: 4210
Joined: Mon Jul 04, 2011 2:57 pm

Re: Supervision decision

Post by Suzie, FRG Adviser » Thu Jun 23, 2022 9:13 am

Dear Perfectlysafedad

Thank you for your post today. My name is Suzie, I am an online adviser and will be responding to your post today.

Together with your ex-wife you are trying to find different ways to manage the supervised contact between you and your child. The reason for this is to increase contact between you and your son as your ex-wife can only facilitate once a fortnight. You approached the local authority to seek their views in respect of your partner supervising the contact. After a somewhat lengthy wait for a response, children’s services came back to you and said they do not support this arrangement. They state the relationship is ‘too close.’ Your ex-wife understands their view is not legally binding but she is reluctant to override their request for fear of repercussions. Children’s services have suggested you use an agency worker.

You want to know whether you can challenge children's services on this matter and if so what is the best route to do this.

Have children’s services completed a risk assessment? If so, your partner should have received a copy. If one has not been completed then I suggest you ask for this in writing. Should you wish to challenge the decision I suggest you do so by making a formal complaint. I have added a link HERE which advises you how to do this. There are statutory timescales that need to be adhered to which should avoid further drift. However, this process can be lengthy, and you may wish to try to resolve the matter sooner rather than later.

Is there anyone else within your network who could potentially supervise the contact? It may be worth exploring this whilst the complaint is dealt with. Also, I understand you are seeking direct contact with your child but have you and your ex-wife considered other forms of contact to sit along side this. For example facetime/telephone calls. This may be a step towards increasing contact that is manageable for your ex-wife to supervise.

You mention seeking advice from a family law solicitor. It would be a good idea to speak to them again to seek their view as they will have all the information before them. As suggested by children’s services you may wish to utilise a contact supervisor as an interim measure although I am not sure this would be in your child’s best interest as it would be someone unknown to them. I have added a link HERE to the National Association of Child Contact Centres who may be able to provide further information regarding this.

I hope you find this information useful.  Should you wish to speak to an adviser please call our free advice line: 0808 801 0366 (Mon to Fri 9.30a.m. – 3.00p.m) excluding bank holidays. Or you can of course, post again on here.
Best wishes, Suzie

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