Dear Mummato2.00
Welcome to the parents’ discussion board. Thank you for your post. My name is Suzie. I am Family Rights Group’s online adviser.
I am sorry to hear of the difficulties that you have experienced and your concerns that your son’s foster carer is seeking to become his
Special Guardian.
However, congratulations on your pregnancy. Your baby is due soon. It is good to hear that there are no concerns for your ability to care for your unborn baby and that the plan is that they will remain in your care. Best wishes for the forthcoming birth.
Your son was placed in foster care when he was 8 months old. As you explain, this was a
section 20 voluntary arrangement. However, it is unusual for a young child to remain in foster care for over 2 years under a section 20 arrangement. Did children’s services not go to court at any point to apply for an
interim and subsequent
care order? If they did this would give them parental responsibility and decision-making authority for your son.
However, if the arrangement continues to be section 20 then you have the option of withdrawing your consent and asking for your son to be returned to your care. You say that you have done all the work you were asked to do by children’s services. Of course, children’s services may be concerned about this and if they believe it is not in your son’s best interest they could initiate
care proceedings or support an urgent SGO application.
You should have had regular
Looked After Child reviews where a
permanence plan for your son was discussed; this plan should be considered within 4 months of your son being accommodated under section 20. Any proposed change to your son’s care plan e.g. from being fostered to potentially remaining with his carer under a Special Guardianship Order should have been fully discussed by you, the foster carer, your son’s social worker, the foster carer’s social worker and the
Independent Reviewing Officer at your son’s Looked After Child review.
As your son has been with foster carer for over a year, she has the right to apply for a
Special Guardianship Order. She will need to be assessed and approved by children’s services. As your son’s mother, you will be a respondent to the application. You can challenge and ask that your son return home to you instead. The court will decide what is in your son’s best interest. One area they will consider is the ongoing relationship your son has had with his foster carer, for most of his life. This is a factor not the only consideration.
I am attaching a copy of our
advice sheet on Special Guardianship Orders: information for birth parents. It is important that you read this.
As your son is Looked After, when undertaking a special guardianship assessment, children’s services must also assess your needs for support. The assessment will also consider your views and what contact arrangements are recommended.
Please see urgent legal advice from a solicitor about your son’s current legal status (i.e. if he is still accommodated under section 20), your options if so and the proposed application for his foster carer to become his Special Guardian. The solicitor will advise about your eligibility for legal aid to allow you to respond to a court application for Special Guardianship.
It is good to hear that your son’s new social worker is more willing to listen to your concerns and your views. Any queries or worries you have while your son is in foster care should be raised with them. Please see our advice
here on children looked after under a voluntary arrangement and
here on children in care under a court order.
I hope this helps.
If you need further advice then please post back. If you prefer, you can ring our freephone advice line on 0808 8010366 to speak to an adviser. The lines are open from 9.30 am to 3.00 pm, Mon to Fri (except bank holidays). We also have an
advice enquiry form and a
webchat.
With best wishes
Suzie