Dear PleaseHelpMumofTwo
Thank you for your two posts above. I will respond to both here. My name is Suzy, I am an online adviser at Family Rights Group and will be responding to you today. I am sorry to hear of your situation, it must be a stressful and difficult time for you.
You have a five-month-old baby who had a nosebleed and bruising to his chest. You took him to the hospital where he was examined and found to have non accidental injuries. Children’s services are involved. You do not say whether there is a
child protection plan in place, or you have signed
Section 20 voluntary accommodation. Your mother is now caring for your child in your home and you have moved out to accommodate this. You are feeling ‘terrified’ by the situation and are seeking advice from Family Rights Group and forum members to support you at this difficult time.
Children’s services have made an application to court for an Interim Care Order (ICO). You do not agree with this or the doctor’s findings. You have instructed a solicitor and will be challenging the doctor’s opinion via the court process. You have discussed this with your solicitor who has advised should you wish to go down this route they will ask for an extension to the proceedings to accommodate.
I would suggest you reach out to your GP for support if you feel overwhelmed by your situation. It is a difficult and stressful time and seeking support should not been viewed as a weakness but a strength. There is also an organisation called
Matchmothers.org.uk. They offer women emotional support who, for many different reasons, are not currently caring for their children. Please do check out their website for further details and for opening times of their support line.
I have added
HERE information and guidance regarding care and related proceedings. On this page you will find:
• Understanding care proceedings and the law
• Ten big questions about care proceedings
• Urgent protection of children (including police protection and emergency protection orders)
• The stages of care proceedings
• Interim arrangements and plans for children during care proceedings
• Contact arrangements for children during care proceedings
If you do experience problems with your solicitor you may wish to consider seeking a different one. Whilst this may be possible it is not advisable to sack them on the spot. If you do so you may be left without legal representation at a very difficult time. With legal aid solicitors, you must go through the process of requesting a transfer, which involves presenting valid reasons to the court for seeking a new solicitor. This is known as an ‘Application to Transfer’. Please see below for some further advice regarding this process.
To change a legal aid solicitor in England, you would need to follow a few steps:
• to find a new solicitor who is willing to take on your case and is registered with the Legal Aid Agency (LAA) to provide legal aid services. You can search for solicitors in your area on the government’s website.
• Inform your current solicitor that you are intending to transfer solicitors. You may share reasons if you feel it appropriate, but if the change is a result of total breakdown in communication, you may not need to.
• Complete the Application to Transfer form, ensuring all sections are completed, including those required to be completed by your existing solicitor and the proposed new representation.
• Send the completed form to the court for consideration. The decision to allow the transfer is at the discretion of the court, which will consider factors such as the costs of the transfer and whether transferring your case represents the proper use of public funds.
• Be prepared to present evidence in court: If your current solicitor contests the transfer or is not happy about it, you may be required to present evidence of your complaints in court.
Courts and the LAA try to deal with transfer requests as quickly as possible due to the disruption that changing legal aid solicitors can cause. That said, it will not be wholly clear how long it will take to transfer legal aid. Some cases transfer quite quickly – within a few working days – if the case is very urgent, whereas others will take longer. Please see
HERE our ‘top tips’ for working with solicitors which I hope you find helpful.
In respect of seeking a second medical opinion. You are within your rights to request this. Please see
HERE for further information and advice regarding ‘expert witnesses.’
Whilst I understand it must be a very difficult and stressful time for you, we would encourage you to continue to engage with the allocated social worker and other professionals, to evidence you are a safe and stable parent. I have added
HERE some further information and guidance when working with social workers and what you may wish to consider if things are not going so well.
I understand that hearing positive comments from other doctors through your friend may offer you hope and some reassurance at this difficult time. However, I think it is important to note that they have not examined your child and have not been asked to offer a professional medical opinion. I say this not to dampen your hopes, but to offer realistic expectations regarding this.
You ask whether children do return home in the type of situation you find yourself in. I can assure you they do. This link
HERE will take you to a story of encouragement that I hope offers you some comfort.
Best wishes, Suzie.