Birth Certificates & Passports

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KatKat10
Posts: 146
Joined: Fri May 27, 2022 4:40 am

Birth Certificates & Passports

Post by KatKat10 » Mon Jul 11, 2022 10:54 am

The SW has requested a copy of my children's birth certificates and passports. We are currently in PLO and assessments have yet to be completed along with family group conference. Does this indicate they are already planning on submitting an application to the court and want these documents in preparation, hence the request? Can I legally hold off from providing these documents at this stage? My legal representative is aware of the request.
KatKat10

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

Re: Birth Certificates & Passports

Post by Suzie, FRG Adviser » Tue Jul 19, 2022 8:48 am

Dear KatKat10,

Thank you for your post.

The social worker requesting these documents does not necessarily mean they are going to initiate care proceedings. If the local authority are initiating care proceedings, you should be served a letter of issue and informed of this. There is no legal obligation for you to provide these documents. I would advise you speak to your solicitor for further advice on next steps.

Best wishes,

Suzie.

KatKat10
Posts: 146
Joined: Fri May 27, 2022 4:40 am

Re: Birth Certificates & Passports

Post by KatKat10 » Sun Aug 21, 2022 6:38 pm

Turns out they were planning an ICO all along when they were asking for the documents. As posted in another topic, no letter of issue was ever served prior to the LA applying for the ICO. I don't know how well that will go down in court?
KatKat10

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Suzie, FRG Adviser
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Re: Birth Certificates & Passports

Post by Suzie, FRG Adviser » Fri Aug 26, 2022 12:54 pm

KatKat10 wrote: Sun Aug 21, 2022 6:38 pm Turns out they were planning an ICO all along when they were asking for the documents. As posted in another topic, no letter of issue was ever served prior to the LA applying for the ICO. I don't know how well that will go down in court?
KatKat10
Dear KatKat10

Here for your information is a guidance document from the Department for Education (2014) written for local authorities about what to do in pre-proceedings and in court proceedings.

I hope it is helpful to you.

Best wishes

Suzie

KatKat10
Posts: 146
Joined: Fri May 27, 2022 4:40 am

Re: Birth Certificates & Passports

Post by KatKat10 » Sat Aug 27, 2022 3:55 pm

Thank you Suzie

Page 19 of the document states the following:
Letter of Issue
36.Where the local authority considers that proceedings are necessary (or will be
once the child is born), it will send a Letter of issue, informing parents that
proceedings are being issued and that they should seek legal advice urgently.
Legal aid will be available; the form will depend on the work that needs to be
done at this stage e.g. if proceedings have been issued at the point the client
seeks advice then ‘Legal Representation’ at Court39 will be appropriate.

LA never ever sent this to me, by post or by email. It shows lack of due process and lack of professionalism.

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