Parents denying SGO

[Nanahorses2022]

We have had our Grandchild permanently for 18m, LA began SGO procedures in June this year. The parents see the child every week ( inconsistent) the parents instigated the SGO but now when the LA contacted them for confirmation of their agreement they have denied it and say they want the child back. We have had a positive viability assesment and also a positive recommendation from the SGO assessment with all people involved agreeing the child should stay placed with us.
Im worried the parents will take the child back and then they will bring her back after a month or so. The child is not even 2 and as the mothers mother we have had her 3/4nights a week from a week old im completely lost on the process and worried sick. The child is a child in need, with forms of neglect from the parents.

[Robin D]

Hi @Nanahorses2022 and welcome here.

My apologies, I did see your message yesterday but was unable to unable to answer.

You do not mention under what arrangements the child is currently with you. If subject to care proceedings and an SGO is the LA's plan for permanence, I doubt it will make any real difference. If it's a private application you have made, then the LA will be looking to see if they need to take action to protect the child.

Either way if the LA have started the SGO process, I suspect they will not simply stop. It's preferable if an application for an SGO goes to the court with the parents agreement, but many orders are made without that agreement. It's also quite common for a parent to change their minds in SGO and adoption cases when the enormity of the situation hits them and they realise the permanence of the order. I suspect the LA will proceed with teh process and the case will be 'contested'. In reality, it may cause a short delay, and the court may ask for more reports, or for Cafcass involvement, or for someone to be appointed to represent the child, but it's unlikely to affect the final outcome.

@Suzie who works for FRG will probably respond with some better advice than than I can offer from my own experiences.

Good luck.

[Suzie, FRG Adviser]

Dear Nanahorses2022

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 that I was unable to respond to you before now. You have had a helpful response from a fellow kinship carer.

I am sorry to hear currently very worried that your daughter will remove her child from your care. Your granddaughter has been living with you for 18 months and prior to that she also stayed regularly with you. So, you have really been her main carers throughout her life. She has a child in need plan. Children’s services (initially with parents’ agreement) are recommending that you be fully assessed as special guardians. The court would then decide about making the Special Guardianship Order (SGO).

The parents are now saying that they don’t agree. They may choose to contest the application, but the court will be focused on the child’s welfare and her needs which you have provided for very well for 18 months. As the previous poster has pointed out parents often change their mind about consenting to a SGO, but the court can proceed to make the order without their consent if that is necessary for the child.

As your daughter (and probably her partner) have parental responsibility for your granddaughter this means that legally they could remove her from your care as there are no court orders in place currently. However, you say that there are concerns around neglect and children’s services are actively involved so the social worker would need to consider if your granddaughter would be at risk of significant harm if her parents brought her home. If so, there are a number of actions they can take. They could:

• Escalate matters to a child protection investigation,
• Ask the parents’ consent for your granddaughter to stay with you under a voluntary fostering arrangement known as section 20 . You would need to be temporarily approved and later fully assessed as a kinship foster carer.
• Begin care proceedings if necessary.

They may also encourage you to apply for parental responsibility in an emergency e.g. to apply for a temporary Child Arrangements Order with a view to obtaining a Special Guardianship Order at the final hearing. In terms of support for you as a kinship carer, it is better if children’s services take the lead in safeguarding your granddaughter or applying to court to do so as if you are treated as a kinship foster carer first before becoming a special guardian, they must assess your support needs.

I can see that this situation is very worrying for you. Please call the freephone advice line on 0808 8010366, between 9.30 am and 3.00 pm, Mon to Fri, if you would like to talk through the situation with an adviser. Or please post back here with an update or further queries. I am going to add a link to kinship support groups too so that hopefully you may be able to access emotional support and advice from other kinship carers. You can find your local group here.

I hope this helps.

Best wishes

Suzie