Interim Care Order application - No letter of Issue

[KatKat10]

So LA have decided to apply to the courts for an interim care order, without any prior notification and they have not sent a letter of issue to notify me. Assessments have not been completed, including parenting assessment. The LA are stating the children should be adopted. There is also a suggestion from the LA I have mental Health problems.
My mums IVA has been marked as negative which she will appeal. There is inconsistent, errors and fabricated information contained in the bundle. I need advice on how to challenge misinformation. I have legal representation.

KK10

[Suzie, FRG Adviser]

Dear KK10,

I am sorry you are experiencing these challenges.

If the local authority has initiated care proceedings, then you are right in saying they should have sent you a letter of issue.

Any concerns that the local authority has should be clearly described and explained in the social worker's evidence template. Furthermore, the local authority should only pursue a plan of adoption if here there are no other realistic options for the children - without all assessments having been completed, I am unsure how they are able to endorse this at such an early stage.

As you have legal representation, it is most helpful for you to speak to your solicitor about your case. Your solicitor will have access to all the necessary information and will be able to explain anything you do not understand and advocate on your behalf to the court if you would like to challenge anything.

Best wishes,

Suzie.

[KatKat10]

Thank you Suzie for your reply.

I have spoken with my legal representative and I am a bit more clearer on the process. The LA have to tick the yes box for adoption as this is due process to explore all possibilities.

There appears to be some sort of letter of issue contained in the court bundle, but my legal representative and myself were not sent a letter of issue prior to the court application. We should have been informed they were intending to apply for the ICO.

Having gone through the documentation, I have raised the points I disagree with. Points that require factual checking and those that are completely false. I am concerned that the LA have submitted paperwork with false information, but this can be backed up with factual evidence.

I advise anyone going through this same process to go through each page/paragraph in a logical fashion, highlight the areas of dispute and note where there are errors, where there are areas that do not appear factual correct. So for example if the LA state that you did not attend a meeting, produce any correspondence that proves you did, ie text messages, phone calls, electronic calendar invites from Teams, Zoom, call logs from these platforms etc. Always correspond with the LA in writing etc, so you have a paper trail as they can dispute a phone conversation, not a written document whatever format it is in. Keep a log of any phone calls, fortunately mobile phones give time and date etc, so screen shot this. Look through every document contained in the bundle, including minutes of meetings, copies of letters sent in the post and check each one word for word in case they have amended anything. Always follow up your phone calls with an email or text etc, reference the discussion and date you have had with the LA, SW etc so there is a paper trail of that discussion. Sometimes something very simple can prove the truth of an untruth.

It may take a few days to go through the entire document, but do challenge anything you feel is not true or has been taken out of context or contradicts. Follow-up with requesting documentation under subject of access requests from other sources so you can prove and dispute claims that are not true. What some people don't realize is you can make a subject of access request to the LA to request any correspondence, including text messages from work phones, phone calls, internal emails and hand written notes that contain any information about you. If they refuse then challenge it and escalate the query higher up.

If there are other parties involved who are trying to get SGO then produce as much factual evidence that you can. Anyone can point fingers and make things up, but if you are able to find facts to back up claims to stop other parties, then this is good.

Keep a note and evidence of all the positive changes you have made in your life to improve, to provide a statement of facts to present in court.

KK10

[KatKat10]

Quick update from me.
I attended Court for the first hearing last week Friday, Judge did not grant an ICO to the LA and I continue with section 20 to retain my parental rights. Next hearing is mid October. I don't want to give away too many details, as this may identify me. Judge has made recommendations and has asked for withheld paperwork from LA. It has become quite apparent that the LA have acted in haste, withheld information, were ill prepared and could not answer the most basic of questions.

I urge anyone going through this process, be assertive with the LA, keep a written record of everything. listen to your legal representative and agree to any recommendations the judge makes. Keep the guardian informed of any information pertaining to your child, that you are concerned about.
KK10