Special Gardianship

[NannyLoz]

Over the passed few months since we formally requested an assessment for an SGO we have undergone many hours of interviews and Psychological Assessment, due the the fact that daughter and her partner have had a fact finding hearing which the outcome was 'Failing to Protect'.

After this the judge has moved the final hearing from March 2013 to January 2013, as the grandchildren have been LAC since they were removed from us last November. Since this has happen everything has stepped up a gear, we have had our contact with the grandchildren watch, a visit from the childrens guardian and the psychological assessment.

We have received a copy of our which reads like our whole life in black and white, when we began the assessment we were told 'don't say it if you don't want it written down', unfortunately some of what we said has not been written down - so are we being given a fair assessment. Anyway after he covers a lot of good points followed by the bad points, he decided we are a risk as we still have contact with our daughter abate by phone and maybe once a month face to face, also that because my husband said in his interview that he could not be 100% sure that our daughter had caused the injuries, also that we have previously not got on with the 1st SW who deemed by husband intimidating and aggressive but still stayed in the house for an hour and a half!!

Today we were visited by our SW and the grandchildrens SW after their office meeting yesterday !! to discuss the outcome of this assessment, but before they began we were told that they were not recommending us for SGO but at the end on the day it was the judges decision!! the report they were going to file on friday did have more positive points than negative ones!! we then spend 4 hours going over this report, then were told we would be sent a copy. We have another appointment with the guardian in January, but with the comment she made for our report we don't hold out much hope - considering she states to the Dr. 'on the days I (that's me) was at court ( 2 to be accurate & only 1 of those with my husband) I was agitated and walking the corridors and my husband was quite, this first meeting was actually 5 days after the deaf of our granddaughter and we sat in a room with her for 15 mins were we did not talk as she continued to eat her lunch. The second time I was on my own in the waiting area and never spoke to her at all, let alone that the court we were at never had any corridors !!!!!

As we are representing ourselves we have no idea how this effects us - can any one offer some advice, also if you have prepare paper for this type of court hearing some advice would be very very very much appreciated. All we have been told is that we need to prepare a statement and some questions and file it before 11 January 2013 Lot of help that is !!!

[David Roth]

NannyLoz, you are in a difficult position if both the social worker and the Cafcass officer are opposing you being granted the special guardianship order. However, the judge will make his or her own decision, and judges do not always follow their recommendations, so all may not necessarily be lost yet.

You stated that you have been acting as litigants in person - I wonder if you have been looking at our advice sheet 17, which deals with making your own application for a special guardianship order. The advice sheet starts by explaining what an SGO is, and then explains about the court process. You can download it, and all our other advice sheets, here: http://www.frg.org.uk/need-help-or-advice/advice-sheets

From what you have said, the assessment report seems to have recognised some of your good points, so that in some respects they have recognised you would be able to meet the children's needs. However some concerns have been raised. These are that you may not keep the children safe, and your husband is described as 'intimidating and aggressive'. There are also some concerns raised by the CAFCASS officer that relate to how she perceived you in the court buildings.

In composing your own statement, I would suggest that you explain your motivation for wanting to raise the children, and what you feel you would have to offer the children in bringing them up. I would not be to concerned with using legal language so much as writing something that genuinely explains your thoughts and feelings.

You could then deal with the ways in which the reports state that you pose a risk to the children or would be unable to keep them safe. It would be important to explain why your husband said he was not 100% certain your daughter had harmed the children, whether he accepts however that she might well have caused the injuries, and what steps he will take to ensure the children are kept safe, even if he is not 100% certain.

With regard to the contact with your daughter, I feel it would be important to focus on her contact with the children. Would you be able to meet any expectations of the court that she is denied direct contact with them? If you would be able to manage your own contact with her, while not allowing her direct contact with the children, you would need to explain to the court how you would do this. In the event that things became difficult between you and your daughter, the court would be looking for a clear and convincing statement from you that you would put the children's needs first.

It is hard to know how to deal with the points raised by the guardian. Seeing you in the court buildings, during a case that deeply concerns you, at an emotional time, is hardly seeing you in normal circumstances. I can only suggest that you explain the circumstances in your own statement.

Although you are representing yourselves, it might be worth taking some legal advice, eg by paying for a one-off session with a solicitor from the Law Society children's panel. You might also want to consider phoning the FRG advice line, which is free to all LANlines and most mobiles - 0808 801 0366, open 9.30-3.30 Mon-Fri.