Anna
Parenting specialist DoppleMe

We are pleased to announce that the Family Rights Group (FRG), the national charity that advises families whose children are involved with, or need, local authority services because of welfare needs or concerns will be a guest on our forums next Friday (22nd Nov 2013).

If you are a family in need of support, your child is subject to a child protection plan, or is in care, leave a message on this thread and their expert advisers will be online to guide you and answer your questions. 

Click to read a Case Study of the type of help and advice that they can provide.

Posted on: November 12, 2013 - 3:37pm
Louise
Parenting specialist DoppleMe

Wow that's fab, Anna; there are quite a few parents on here who are in these situations, it will be great to gather the questions/issues together

Posted on: November 15, 2013 - 4:43pm

Anna
Parenting specialist DoppleMe

Hello everyone, this thread is exceptionally quiet! Please come along and ask the Family Rights Group a question.

If you have experienced domestic abuse and have queries about Childrens Services, now is the time to ask! It can be very difficult to get through to them on the phone, however they will be online tomorrow to give advice.

Don't miss out. Ask your question now!

Posted on: November 21, 2013 - 3:31pm

She Ra

What evidence do CS need to remove a child? If there's no care issues but dv 

Do they take a child's words or do they need more than that? They questioned my kids at school 

 

Posted on: November 21, 2013 - 7:34pm

She Ra

How long after can I complain about one of them!

Posted on: November 21, 2013 - 7:35pm

She Ra

If you have been given a family support worker do you have to work with them or can you chose not to?

Posted on: November 21, 2013 - 7:42pm

Anna
Parenting specialist DoppleMe

Hi IDT, thanks for your queries an advisor will be on later on today to answer your questions Smile

Posted on: November 22, 2013 - 10:53am

Family Rights Group
Parenting specialist
Hi Imdoingthis,
 
I’m Suzie, the adviser from Family Rights Group. Thanks for posting some questions on our thread. I’ll answer them in turn but all in one post.
 
What evidence do CS need to remove a child? If there's no care issues but dv
Do they take a child's words or do they need more than that? They questioned my kids at school
 
First of all, to be clear IDT, Children’s Services cannot just remove children from their parents. They can only remove children if they have either:
 
The agreement of the parents; or
An order from Court to say that they can remove the children, which would be either an Emergency Protection Order (EPO) or a Care Order, which to start off with would be a temporary order known as an Interim Care Order (ICO).
If the situation is so serious, Children’s Services can ask the police to remove the children for up to 72 hours, known as police protection.
Here some more information about options 1 and 2:
 
EMERGENCY PROTECTION ORDER
If Children’s Services believes a child is in urgent need of protection, it can ask the court to make an Emergency Protection Order. An Emergency Protection Order lasts for up to eight days and can be extended by the court once for a further seven days.
 
An Emergency Protection Order gives Children Services the power to
·         remove a child from home and take them into care
·         prevent a child from returning to the parent’s care, for example to stop a child being taken home from hospital
·         exclude someone else from the child’s home  (if the parent who lives there agrees)
·         see the child without the parent’s permission
·         make a direction for a medical or psychiatric examination of the child.
 
In exceptional circumstances, an Emergency Protection Order can be made at a hearing that the parents do not know about (called “without notice”).  If this happens, the parent can ask the court to end (“discharge”) the Emergency Protection Order. They should seek legal advice about it from a specialist childcare solicitor who will normally be a member of the Solicitors Regulation Authority Children Panel.
 
For more information see our child protection and care proceedings advice sheets.
 
INTERIM CARE ORDER
If Children’s Services thinks there is reasonable cause to believe that your child is suffering or is likely to suffer significant harm, they could apply for this order.An interim care order (ICO) is a temporary order made by the court which says that the child should be looked after in the care system for a temporary period.  It means that the court has good reasonsto believe a child has been seriously harmed or is likely to be seriously harmed, and that an Interim Care Order is the best thing for the child. It is usually made at the beginning of care proceedings to give Children’s Services temporary powers while the full case is being decided.
 
An Interim Care Order can last for up to eight weeks. It can then be renewed (made again) in four week periods after that.
 
Under this order, Children’s Services share parental responsibility (decision making ability) for the child with the parents. This means that they must find out parents wishes about any decision concerning their child, but they always have the final say and can make plans for the child even if the parents don’t agree with them.
 
For more information see the care proceedings advice sheets.
 
Domestic Violence
Do be aware IDT, that domestic abuse taking place in the home does have a very serious effect on children’s health and wellbeing and is considered to be emotional harm. With very young children there is also the risk that the child will be caught up in the middle of any violence and so is at risk of physical harm also.  Even if you are the victim of domestic violence and so the situation is not your fault, you are expected to consider your children’s needs above all else and take action to protect them, which would either be removing you and them to a place of safety or removing the perpetrator from the home.
 
How long after can I complain about one of them!
 
You have up to a year after something has happened to make a complaint about it. You can complain after that time but then Children’s Services aren’t obliged do deal with it unless you had a good reason for not complaining earlier and it can still be decided fairly. Your local Authority will be able to give you a written copy of their complaints policy.
 
The complaints process is a 3 stage process:
If you are unhappy at the end of this process, you can complain to the Local Government Ombudsman (LGO) or your MP but I won’t go into detail about that here. There is more information about the complaint’s process as a whole in our complaints advice sheet.
 
If you have been given a family support worker do you have to work with them or can you chose not to?
 
Really the answer to this depends on the reason Children’s Services are involved with your family.
 
If your children are subject to a Child In Need Plan, that is if they are disabled, or Children’s Services have assessed them and found that they are in need of extra support for their safety, health and/or development, then any involvement is voluntary and you can choose to withdraw at any time. There’s more information in our family support services advice sheet.
However, if your children are subject to a Child Protection Plan, that is it has been decided that your children need support  because they are considered to be at risk of significant harm because they have been physically, emotionally or sexually abused or neglected in some way, and the family support worker has been put in place as part of the plan, then although you cannot be made to work with them, there could be potentially serious consequences to you not doing so.
 
If you do not work with a Child Protection Plan, Children’s Services might feel that they need to increase their involvement to make sure your children are safe and so they might apply to court to remove your children from your care.
 
Again there’s more information in our child protection advice sheet.
 
Sorry this is so long but I hope this answers your questions IDT. Please get back in touch if you want any more information or if you would like to speak to an adviser please call our free and confidential advice line on 0808 801 0366. We are open Monday to Friday from 9.30am until 3pm.
 
Best wishes
 
Suzie
Posted on: November 22, 2013 - 1:00pm

She Ra

Thank you Suzie, your answer is very clear and easy for me understand I really wish I had this advice earlyer when they were involved and tried to take it to child protection.

it feels so much less worry when you have an idea where they are coming from being in the dark before was a horrible scary feeling thanks very much.

Posted on: November 22, 2013 - 2:02pm

Family Rights Group
Parenting specialist

You're welcome IDT, I'm pleased I was able to help.

I'll be online this afternoon as well if anyone else has any questions they'd like me to answer.

Posted on: November 22, 2013 - 2:17pm

tigerlily

Please can I ask a general question?

If an ex-partner has been violent and the relationship has split up and I don't want him to see the kids because of the violence, what if the court says they have to see him, what rights do I have to stop the contact? he has only been violent to me, not the kids in the past but my Womens Aid worker says that it's my responsibility to keep them safe but the courts aren't keeping them safe because I think he might start mistreating them now I am not there, is going to court the only thing I can do? Why is it that what the court says and what Womens Aid (and common sense) say, are so different?

Posted on: November 22, 2013 - 3:59pm

Family Rights Group
Parenting specialist

Hi Tigerlily,

 

Thanks for posting.

 

If there is no existing order then you can withhold contact and Dad will have to make an application to court for contact.   

 

To answer your first question, ultimately if the Court have already made a Contact Order you have to obey it. Nobody is able to advise you to breach an order because the consequences of doing so are potentially very serious, that is you could be found to be in contempt of court which is punishable by imprisonment, fine or community service.

 

If you think there is a real risk to the children by attending contact the only option you have is to apply to court to either:

  1. Vary the order so that contact takes place in a safe and secure environment e.g. a contact centre; or
  2. Suspend the contact.  

 

The decision to order no contact with a parent is a very extreme. It is not a decision that a Judge will make without having evidence of a real risk to the children and in reality, is not a decision that the court commonly makes.

 

When making a decision about contact the relationship between mum and dad is viewed separately to the relationship between dad and the children. It is about the children’s right to contact with, in this case, their dad and the starting point is always that it is in the best interests of a child to have a relationship with both of his/her parents.  

 

When making the decision the Judge has to consider the welfare checklist, which is set out in s1(3) of the Children Act 1989 and says:

 

                (3)In the circumstances mentioned in subsection (4), a court shall have regard in particular to—

(a)the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

(b)his physical, emotional and educational needs;

(c)the likely effect on him of any change in his circumstances;

(d)his age, sex, background and any characteristics of his which the court considers relevant;

(e)any harm which he has suffered or is at risk of suffering;

(f)how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;

(g)the range of powers available to the court under this Act in the proceedings in question.

 

In order to help them make the decision, it is likely that the Judge will want independent evidence to be provided by either CAFACSS or Children’s Services if they have been involved with the family. They provided this by writing what’s called a section 7 report. CAFCASS have an advice sheet about this here: http://www.cafcass.gov.uk/media/2612/Cafcass_Factsheet_Private_Law_FOR_REFERENCE.pdf.

 

I hope this has answered your question and is helpful Tigerlily.

 

Best wishes

 

Suzie

Posted on: November 22, 2013 - 5:55pm

Louise
Parenting specialist DoppleMe

Thank you on behalf of everyone, to Suzie for her very helpful and detailed responses Laughing

Posted on: November 23, 2013 - 11:50am

She Ra

I think you should keep her brill responses and stick them up on a wall in your common questions sections as they cover so much ;) 

Posted on: November 23, 2013 - 12:10pm

Louise
Parenting specialist DoppleMe

Yes, I have been thinking the same thing this morning, that we could make it into a fact sheet for people, with Suzie's permission. I will have a chat with Anna about it Laughing

Posted on: November 23, 2013 - 12:16pm

She Ra

:) 

Posted on: November 23, 2013 - 1:14pm

kiera

hi suzie well ive bin thur court and the judge as giv my ex no contact at all, they offered my ex indirect contact thru 3rd party as hes not allowed contact with my adress at all, we av 3 yr old daughter together, it was emotionaly abusive telationship plus he was very violent to me, my ex asnt sent any birthday card thru 3rd party tho in october, but thts cos no1 who wants any post from my ex, my family ahte him, my solciter asnt heard off his soliciter at all, judhe said she ad to offered him something, but he lied alway thru court and messed with drug test so all went agianst him, no contact does appen,  will it go against my ex him not sendin birthday card thru 3rd party

Posted on: November 25, 2013 - 7:08pm

Sally W
Parenting specialist DoppleMe

Hi keira, Suzie was only on last Friday answering questions that some of our users wanted answers to.  As you will of seen from Suzie's answers it is rare for a parent not to be given contact as they have to consider the welfare list, you could ask your solicitor if it will go against your ex?

Posted on: November 26, 2013 - 7:49am

flammingstarr

I am really hoping that someone can give me some advice, I am extremely worried about my son and I am not sure where to turn at the moment. I apologise in advance if this is long; I don't want to bore anyone, but I need to tell the full story so that everyone understands my situation. 

I have a very bad, volatile relationship with my mother. I had a childhood that was dominated by 'fear'. My mother is a very strict disciplinarian, I learnt very early-on not to step-out-of line. Consequently I was a very well behaved and timid child. 
However, even when I was attempting to remain invisible and not do anything to make her angry, I seemed I was never really adept at pleasing her and I still got hit and shouted/screamed at until my ears hurt. Nothing was ever good enough for my mother, whatever I did or tried to do, it never pleased her. I was terrified of her as a child and this has remained into adulthood. 
She has been physically violent to me as an adult, though she is clever and makes sure she never leaves any marks, she pulls my hair, slaps me just hard enough to hurt but not leave a proper mark or pushes me around. She was violent once when I was 7/8 months pregnant. At that time I lived with her and I grabbed my bag and phone & went to the council. I was housed in B&B accomodation for a week until she rung the council and told them I was being dramatic and I was not in any danger. I had no choice other than to go back. I did not involve the police [I wish I had now] 

She always wants her own way and is never, ever wrong. She is so manipulative, I have almost an unwritten set of rules and if I dare to voice my opinions or 'break' one of the rules, it is almost like a tornado going off and all hell breaks lose which leaves me in a state and her seemingly not giving a damn. She has never shown any remorse or guilt and she never shows any affection or tells me she loves me. 

I have a Son aged almost 4 years now. He is my World, I love him to pieces. When I discovered I was pregnant I was so happy and determined to be a good mother, everything she was not. The pregnancy was a result of a fling and the father made it clear he was not interested from the outset. He is not named on the Birth Cert. 

When I gave birth, my controlling, manipulative mother took over, she critisized me at every opportunity and undermined everything I did for my Son. With raging hormones and no support [no siblings & other relatives and no friends to help on a regular basis] I continually felt like a horrendous mother and very inadequate. 

On a few occasions when I tried to be assertive and tell her not to interfere, a war would ensue which resulted in her shouting, screaming and swearing in front of my Son. When she refused to leave my home, I would be forced to call the police. However, not only is she VERY manipulative, she is also very clever, devious and a fantastic actress. Therefore when the Police turned-up she would put on an Oscar winning act of how I am a neurotic, over dramatic, hormonal mother and I am the one in the wrong so no action is ever taken. 

Eventually I sought the courage to tell her to get lost and if she could not behave properly she would not see my Son. She was an absolute nightmare - almost to the point of stalking me - she would follow me and drive past my house all the time as well as sending her friends round to check-up on me all the time. I became a nervous wreck, constantly looking over my shoulder and frightened of what she would do next. 
She then made 2 anon referrals to social services stating that I was abusing and neglecting my Son. Social services did an assessment, found my Son was well cared for and had a clear bond with me and closed the case. 

At this time, I was struggling financially as my maternity leave had ended so I got a part time job. I initially put my Son into a nursery, but it was a nightmare juggling everything single handed. My mother wormed her way back in at this time and I foolishly and really stupidly believed she had learned her lesson. 
I allowed her to see my Son again and for a short while, things went well, it meant I could work without worrying about childcare issues. also the huge childcare issues had meant it was barely worth me working in the first place. 

Although far from ideal, allowing my mother to look after my son whilst I worked was a good solution for a while. 
However, the devious cow had an ulterior motive and started increasing the time she had my son - she would say she was taking him out for the day, or away to a holiday park or play-centre/park for the night. 

Eventually it got to the position where she had him full-time and controlled everything and once again undermined everything I did/said or any choices I made about my Son. 
Back in July 2013, I received a shock telephone call from soc services stating that they had received an anon referral that someone had seen my mother bundle my son into the car shouting and screaming at him like a mad woman. He appeared to be frightened and was crying "I want Mummy". 

They initiated an investigation and my mother was furious, she accused me of making the referral and counter-acted by telling soc services that I had abused my Son [again] 
I was completely distraught and in a state, my confidence levels at an all time low, I felt miserable, worthless and suicidal not to mention a really crap mother. I felt as though I had let my son down leaving him in a situation where he was potentially at risk and sure as heck did not get any cuddles or love. 
At this time and for the last 6 months I had to take a step-back from my mother, stopping all correspondence with her including calls, texts and emails. This was at the recommendation of my counsellor/phychologist whom I have been seeing since August 2013 when I did attempt suicide - which was a VERY foolish thing to do and did not help at all especially when soc services found-out. 

Social services assessed me, my mother and my son and have concluded that my son is fine and safe in her care. This is despite me telling them again and again what she is like. They won't listen and it is SO frustrating. If I was a woman experiencing this type of treatment from a male partner, it would be looked on differently and classed as domestic abuse, but because she is my mother and APPEARS to be a nice person, she gets-away with it time and time again. 



I have unsupervised twice weekly contact with my Son. I now carry a recorder/dictaphone during all my contact sessions to protect against any further malicious allegations. When I have contact, handover occurs on her doorstep and last week she had a face like thunder. Following a comment from me, she went off on one like a mad woman again and slammed the door on me. She then proceeded to hurl the most vile abuse at me shouting and screaming and calling me names. Fortunately all of this was recorded so at last I had my evidence. 
I played the recording of the entire incident to the social worker and she stated that if my mother cannot behave properly she is not fit to have my son, she proceeded to say that I behaved well and maturely in the circumstances whereas my mother did not. She was not impressed that this all took place in front of my son. Finally I feel that she is believing what I have told her all along. 
The HUGE downside of this is that social services are having a 'legal meeting' to establish what to do about the situation and my son. They have mentioned the possibility of temp foster care with a view to returning to me within 12 months. I am in between a rock and a hard place and I don't know what to do; leave him with her where he possibly gets 'abused' with her viciousness or push for foster care where he will be with strangers. 
I have written a 14 page document to social services telling them of my experiences - I find it easier to articulate my feelings on paper, but I am SO unsure whether to send it or not as it is very strongly written and I feel it would push them to the option of foster care rather than leaving him with her. 

In addition, my mother is currently pursing a private court action for a residence order [court date 14th January] which I am going to contest, however the legal fees are going to cost a fortune which I REALLY can not afford so I am prob going to have to go into debt to afford. My Son is SO worth it, but I am severely struggling financially already. Representing myself against her solicitor is not an option and unless Soc services take 'care' proceedings I am not entitled to legal aid. It is a dreadful situation to be in and it's making me ill with worry and stress. As the date gets closer, I am becoming a nervous wreck and so anxious that I am starting to have anxiety attacks again. 
I have a solicitor's appointment next week and I currently await the decision of soc services - but they are so slow and not helpful at all. 

Any help or advice would be sooooo much appreciated because I can't think straight and I am a mess again. 

Thank you all so much in advance, your help is so much appreciated.

Posted on: January 3, 2014 - 5:44pm

Louise
Parenting specialist DoppleMe

Hello flammingstar and thanks for posting, you have been through so very much and you are right, there is insufficient support when you have been abused like this.

I am sure you will understand from reading this thread that the Family Rights Group were our guests just for the day in question, however I would encourage you to contact them anyway, click here to see and do persist if you can't get through.

I note you have an appointment with a solicitor next week, which is great. We also have our own legal expert on here and you can email him privately by clicking here. Of course I am not a lawyer myself but it seems to be from a common-sense basis that you have some evidence to prevent your mother getting a residence order and, sad as it would be for your son to go into care for a while, would this give him a more secure home than he has had with your mum? It sounds as if they want to support you to make sure you are stable after your suicide attempt. In the longer term, once you have your son back I would think very carefully about moving away altogether and getting away from your Mum.

As I was reading your post, I thought what  good idea it would be for you to have some counselling to look at how your perceptions of yourself have been shaped by your relationship with your mum and then I read that you are seeing someone, good. Stick with that, even if it feels tough. We are always there to talk to and to give you support.

Posted on: January 3, 2014 - 8:25pm

Skyflower
DoppleMe

Hello Flammingstar,

How hard it must have been for you that since you were a child you had to go through all this abuse. And how hard that no one was supporting you and finally now you are starting to have some support.

I understand your dilemma as it seems that all choices are terrible choices  and that you don't seem to have much option right now as first this meeting of Social Services is going to take place and luckily they are believing you now as when they would be believing your mother, you would probably have no chance to get your child back and how hard that must be for you.

What you are saying is that your mother is unfit to take care of your child. That your mother told Social Services that you were abusing and neglecting your son whilst actually your mother is abusing you and your son herself. 

What a terrible situation you and your son are in right now, I hope your solicitor can give you good advice. Did you opt for the 30 minutes free advice ? Louise is right about the legal expert on this website, I have written before, and received an answer within 10 days, really trying to help. 

I understand your fear for temporary fostercare, it sounds really scary, family rights have written about that above here, trying to explain it in a very clear way, but it still sounds very very scary.

But if your mother is fighting you for residency, abusing your son and lying to Social Services telling them you are abusing and neglecting your son, that is so very dangerous and such a serious matter as your mother is supposed to support you and be a lovely grandmother to your son. There is already so much damage done and it will only get worse, never better.

You have shown so much strength having recorded it all and started figthting for what is right for you and your son, well done ! You will find that on this website there will be a lot of women having gone through a lot of different situations and all of us will try to help each other and support each other. Sometimes with good advice and sometimes situations you will have to go through yourself but you will feel that others here will listen and make you feel better. 

 

 

 

Posted on: January 4, 2014 - 12:35am

Skyflower
DoppleMe

I thouhgt about your problem last night, Flammingstar. What if you prepare yourself in the mean time, get yourself on a parentcourse to show you want the latest ideas and look for someone you trust that could take care of your little one for a while and put that name forward in Court as a person for temporarily fostering your child?

Sometimes they suggest a Family Conference, which means that a group of people have the overview and help with decisions for your child and you could put forward anyone you want, or say who you do not want, which could mean someone from pre-school, people you know from other activities you do, or friends, or even someone from the GP office ? They might still let you keep your child then? In general there would be family members in that group, like aunts and uncles but you don't have family to help you unfortunately. Might this be an option to bring forward?

If they do look at temporary foster care, you might suggest someone your child knows well and you trust, like a friend if she is willing to temporarily hepl you, might that be an option?

I really hope so and I hope all of us thing of more solutions. You must feel so lonely in this xx

Posted on: January 4, 2014 - 10:24am