Negative viability

[LT55]

Hi all i wonder if anyone can help me . I have recieved a letter today saying there was many positives on our assesment but the viability is negative . There is no explanation why this was . I go to the next page to find someone else's interim care order with 2 other children's names on it. I am now thinking has someone else got my report with all my information on whilst I have a care order of someone elseses children. This is concerning . Breech of data protection?

I do not know how to challange this as I have nothing to challange on at this moment in time. Will I need a solicitor or can I challange this by myself I am worried I won't be able to afford the legal cost that could start accuring . I am on a low income. I feel trapped in a corner .

Many thanks LT55

[Suzie, FRG Adviser]

Dear LT55

Welcome to the kinship carers’ discussion board. Thank you for your post. My name is Suzie. I am Family Rights Group’s online adviser.

I am sorry to hear that your recent viability assessment was negative, despite the assessor noting many positives. You would like to know how to challenge this.

You have also discovered that the details of care proceedings for 2 other children are included in your assessment. You are understandably worried that you have received confidential details of another family’s children and that perhaps another person has received your confidential details.

I will address each query in turn.

You absolutely can challenge a negative viability assessment. It is concerning and not acceptable that you were not given an explanation for the negative decision. Please see below for your options to challenge a negative assessment. I understand that the child/ren you were being assessed to care for are subject to care proceedings so the most important action may be to notify the court that you do not accept the outcome, and you are challenging the decision. You can ask for an independent social work assessment to be carried out (the court would decide on this). Please see our advice below:

If the assessment is negative, then the council would not agree to continue with a full assessment of you. They should give you a letter that explains to you all your options at that stage. Those options are likely to include:

● Accepting the decision;
● Writing a letter that explains why you disagree, or whether you think things in the report are wrong. That letter can then be attached to the report so that anyone who reads it sees your side. We have a template letter which you can adapt and use to challenge the negative assessment. It is letter (3) which you find in our template letter section here.

*Getting independent legal advice. You may wish to seek advice from a lawyer on the Law Society Children Panel, although this may not be free, and it will therefore be important for you to find out first what it would cost to get this advice;
● Going to a court hearing to ask the court to make a legal order that the child come to live with you if the child can’t be with their parents.

It may be that you would want to pursue more than one option, and if you disagree with the outcome of the assessment

it is likely that you will want to explain that to the local authority, get independent legal advice, and perhaps also attend court.

You don’t have to have a solicitor as many relatives are litigants in person in family court cases. But it would be helpful if you were able to get a solicitor to assist you. You could consider applying to the court to be a party to the proceedings and check if you may be entitled to legal aid as you are challenging a negative assessment. You could check with a solicitor or Civil Legal Advice about this.

It is very worrying that you were given the details of another family’s children which as you say raises a concern about a data protection breach. You are now worried that information relating to your family circumstances may have been shared wrongly. I would suggest that you let children’s services know this, in writing, as soon as possible. You should let the social worker who did the assessment know and could copy in their manager, the child’s social worker and IRO too. You should also ask that they reply and address your concerns in writing too. You could also consider making a complaint. If you would like specific advice about data protection, then you could contact the office of the children’s commissioner; please see their details here.

I hope this is helpful. If you would like to discuss your situation with an adviser, please call our freephone advice line on 0808 8010366. The lines are open from 9.30 am to 3.00 pm, Mon to Fri (except bank holidays). If you prefer, you can post a further query on this forum or use our advice enquiry form or webchat facility.

Best wishes

Suzie