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Have Children's Services acted illegally
Posted: Sun Sep 26, 2021 8:19 pm
The LA have started care proceedings against my daughter. An ICO was refused by the Court who granted an Interim Supervision Order instead. This was revised by the Court who again refused to issue an ICO and they issued an amended ISO which placed a great deal of responsibility on me (nan). This order ran out at midnight on 23rd September and the Court hearing ran from about 2.30pm that day until just before 6pm when they again refused to issue an ICO but issued an amended ISO. My question is this: my daughter and I were in the Court for the duration of proceedings and therefore not contactable. (The Judge requested my presence). We had arranged for her sons older brother and grandfather to collect him from nursery at 4pm. The nursery refused to let the child leave on the orders of the social worker involved - which led to a very distressed young child who ended up spending nearly 10 hours detained in the nursery. They had to make a return journey having already spent an hour and a half waiting upon their return home as he could now be collected. Nothing was said in Court about this - in fact I was clear with a number of people that my husband was picking the child up in case proceedings went past 5pm. Surely this should not have happened - we were not told in court that the order no longer applied or had been rescinded . What do you think?
Re: Have Children's Services acted illegally
Posted: Wed Sep 29, 2021 7:23 pm
Welcome to the parents' board and thank you for your post.
You say that the LA have started care proceedings in respect of your grandson, your daughter's son. The LA initially sought an ICO, but an ISO was granted. You say this placed a great deal responsibility on you - can you clarify this further please? The ISO was renewed on 23rd September. During this day, you and your daughter were in court, with the Judge requesting your attendance. You had arranged for your grandson to be collected from nursery at 4pm by his older brother and grandfather, however, on the day, he was not allowed to leave on the orders of the social worker, which resulted in him waiting at nursery. You say that you were clear that your husband would be collecting him and wanted to know whether this should have happened.
Firstly, it is important to state that under a interim supervision order, the LA does not have any parental responsibility for your grandson. It simply places a duty on the LA to assist, advice and befriend the child. Some nurseries will not release a child to someone who does not have parental responsibility, unless specifically instructed to do so by the parent. Do you know what your grandson's nursery's policy is on this and why the social worker asked that your grandson not be collected by your husband - were any safeguarding concerns raised? I would advise that your clarify this with both the social worker and with the nursery manager in order to get a better understanding of why this happened, especially if it had been communicated clearly that your husband would be collecting your grandson that day.
Depending on the response you receive, you may want to escalate this both with the nursery and to the social worker's team manager.
I hope you have found this helpful.