Looking for your opinion

[Anon9876]

My three kids were taken into interim care any staying with foster care in the local area.
The youngest son who was just 15 weeks old at the time. One Sunday morning we noticed he wasn't moving his left leg. Took him to the hospital. Found a spiral left femour fracture. We had no explanation, as you know, social services, police were called. We are being treated like a murderer. Had police interview but never arrested.
Took our phones and they are still with them.
It's been nearly 8 months. Having babies genetic test, then radiologist reports and lastly padeatric Dr reports.
We are looking to have an IRH in June or July next year.
Although, initially we had no explanation but thinking back and mum's health. There were few occasions mum couldn't control the baby and the baby came down but the mum was able to save baby from dropping or falling to the ground.

There were few demonstration have been sent to the expert for their opinion.
We do not have any other explanation.
We have no family issues or anything else that you normally see in this type of cases.
Although both parents work together and supported each other.
My question is:
If mum's health is the causes of the fracture then would dad get done for anything such as negligence or failed to protect? Off course if all three children return home will police be taking any action after the court proceedings?
Thanks

[Suzie, FRG Adviser]

Dear Anon9876,

Thank you for your post and welcome to the parents’ forum. My name is Suzie and I will be advising you today. I am sorry to hear about the difficulties that you and your family are experiencing and understand that this must be a very stressful time for you.

You say that your three children are subject to an interim care order after your youngest child suffered an injury which could not be explained. You now believe that the injury may have been caused by the mother due to a health condition that she suffers from and you want to know whether the father might be held accountable for negligence or failure to protect the children. You would also like to know whether the police might take action if the children return to your care.

Unfortunately I cannot answer your first question categorically as it is not possible for me to predict the outcome of the court hearings. However given that the children were in the care of both parents it may be concluded that the father should have been aware of any risk to the children posed by the mother and if he did not act to protect the children from this risk then this would be seen as a concern. This would feed into the decisions made by the judge about the children’s long term care.

I am also unable to give you an answer as to whether the police will take any further action. Any police investigation may proceed to a criminal court hearing if the police feel that they have evidence to prove a crime has been committed. This is a separate process to that of the care proceedings in the family court. We are not able to advise on the criminal justice process and I would advise that you seek support from a criminal lawyer around this.

I hope that this is helpful. Please post back if you have any further queries, or you can call our helpline on 0808 800 0366 (Monday to Friday, 9:30am – 3pm) to speak with an adviser.

Best wishes,
Suzie

[tinkerbell452]

My social worker has really got it in for me. Keeps falsifying messages, not listening to the kids. He's put kids on child protection plan for neglect but can't produce evidence. My evidence that has been ignored, contradicting everything the social worker has come out with.
He was due to come out today, but my kids are ill, 2 have been awake nearly all night, and my eldest boy who usually stays in his room constantly, is curled up on the sofa with me saying he feels like he's dying. So I sent him a message this morning, which came up delivered and read! But he still turns up at 2.30pm rings doorbell and wakes 2 of my sick children up

[Suzie, FRG Adviser]

Dear tinkerbell452,

Thankyou for your post and welcome to the parents’ forum.

I am sorry to hear about the difficulties that you have been experiencing. You say that your children are subject to a child protection plan and it sounds like you are finding it difficult to work with the social worker involved. You may find it helpful to read our guide to working with a social worker as it contains tips for parents on how to work well with their child’s social worker and what to do if that relationship is not going well.

You say that the social worker has been falsifying messages and is not listening to the children. Have you raised this with him, his manager and the independent reviewing officer? You could also consider putting in a formal complaint – see our website here for more information about how to do this.

Please post back if you would like any further advice, or you can call our helpline on 0808 801 0366 (Monday to Friday, 9:30am – 3pm) to speak with an adviser.

Best wishes,
Suzie

[tinkerbell452]

I've tried working with him, I've confronted, I've submitted my evidence which is text messages falsified, voice recordings, witness statements, he denies it or ignores it. Been to his team manager, who tells me to stop moaning, that I need to get over my domestic abuse and my kids need to get over the trauma.

I've been through the complaints team, who lost my evidence twice, but I've kept records, got told by complaints to go to the ombudsman, which I did, they won't take it as there is a court case. I've tried explaining, that my complaint is about the county council, not the court case, but they won't listen.

I've gone to social work England, who are looking into the social worker, but that takes weeks, and he now pushing for a care order.

There is no evidence against me or grounds for a child protection plan, all my evidence supports that I am in the right, but getting ignored.

I am gonna lose my kids because this social worker and council are getting away with everything.

[Suzie, FRG Adviser]

Dear tinkerbell452,

Have you tried speaking to the independent chair of the child protection plan? It might be helpful for you to discuss with them the reasons why they felt it necessary for your children to be on a plan and for you to express why you disagree.

Best wishes,

Suzie.

[tinkerbell452]

Yes have spoken with the independent chair, tried appealing it, independent chair had my evidence and ignored it and denied appeal.

[Suzie, FRG Adviser]

Dear Tinkerbell452,

I would advise in that case that you pursue the local authority's formal complaints procedure and speak to your solicitor regarding any issues you have with the ongoing proceedings.

Best wishes,

Suzie.

[tinkerbell452]

Followed complaints procedure, been to the ombudsman, went back through with local authorities complaints procedure.

Have reported social worker to social work England, but that takes forever so he's trying to force care order through.

Finally have a meeting with head of social work tomorrow morning, but not holding my breath.

Feel like just giving up and walking away from everything and everyone!

[Suzie, FRG Adviser]

Dear Tinkerbell452

Thank you for the update. From what you say, you have followed the complaints procedure regarding your situation and taken up the matter with the Ombudsman. I am sorry to hear you are not satisfied with the outcome. You have also raised a concern with Social Work England and are frustrated that it may take some time for them to investigate the matter. I have added a link HERE to Social Work England’s processes and timescales for addressing concerns raised. I hope you find this useful and that the meeting with the Head of Service went ahead and was helpful to you.

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 the discussion board.
Best wishes
Suzie