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
Birth Certificates & Passports
- Suzie, FRG Adviser
- Posts: 4260
- Joined: Mon Jul 04, 2011 2:57 pm
Re: Birth Certificates & Passports
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.
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.
Re: Birth Certificates & Passports
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
KatKat10
- Suzie, FRG Adviser
- Posts: 4260
- Joined: Mon Jul 04, 2011 2:57 pm
Re: Birth Certificates & Passports
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
Re: Birth Certificates & Passports
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.
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.
Who is online
In total there is 1 user online :: 0 registered, 0 hidden and 1 guest (based on users active over the past 5 minutes)
Most users ever online was 318 on Fri May 28, 2021 9:04 pm