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formation83
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Post by formation83 » Thu Aug 13, 2020 7:19 pm

At the age of 13 is he able to make the decision himself and would it go against his human rights forcefully being removed.

thanks for any help
Last edited by formation83 on Tue Oct 20, 2020 2:23 pm, edited 2 times in total.

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

Re: 13yr old being taken into care tomoz morning urgent help needed

Post by Suzie, FRG Adviser » Fri Aug 21, 2020 2:51 pm

Dear formation83,

Welcome to the Parents Forum. I am Suzie, Family Rights Group online adviser.

When you posted the removal was planned to happen the next day so I assume it already has happened.

You say the child is under a special guardianship order to the grandparents. This means that the grandparents will have legal parental responsibility to take decisions about the child. However, if children services have just been to court to get a care order, (you say section 31) then the special guardianship order would have been ended by the court. A care order gives children services parental responsibility to make decisions about the child.

The answer to your question is that in these circumstances, no force would be used. However, the grandparents would be enlisted to help with persuading the child to move to the care home.
Often, a 13 year old child is competent to make some of their own decisions. Has he been assessed to see whether this is the case? He could also get an advocate who could advise him of his rights and help him deal with children services. NYAS offer advocacy and advice to children.

I hope my advice helps. If you need further advice, please post again or call our advice line on 0808 801 0366.

Best wishes
Suzie

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