SGO at Issues resolution hearing?

[KJY88]

In a nutshell - grandchildren subject to care proceedings due to issues with both parents, we (grandparents) have been assessed for both SGO and Connected foster carers to be ready in case conclusion of care proceedings is to remove the children from parental care. The BF (our son) is fully supportive of this but not his ex (BM) The stated conclusion of our assessment is to foster to start with but acknowledging that SGO is best longterm plan for our grandchildren This is what everyone involved in our assessment agreed (us, our fostering SW, ADM) plus at our recent fostering panel, this is what they assumed we were asking for. So it all seemed clear.

But now our son has received all the papers from his family law solicitor ready for the IRH in 10 days and it only mentions us going for SGO. The solicitor has told him that in the event (unlikely but not impossible) that the BM concedes, the judge could award us the SGO there and then. This would mean we wouldn't have had a chance to discuss a support plan (we thought the children's SW had to send us what the LA suggested so we could give some feedback and maybe ask for something different) and as the children hadn't been 'looked after' there would be far less support available for them. In our SGO assessment it talks about support but only if they were LAC beforehand.

Our question is basically if this information is true as we are not a party to the proceedings and absolutely don't want to suddenly be told that the judge has signed something which isn't what we've asked for and which hasn't been agreed. We've notified our grandchildren's social worker to this effect but would like some clear reassurance that we won't accidentally find ourselves legally tied to something we actually hadn't agreed to. Is there anything we need to do to make sure we are heard. We have been offered some time with a solicitor to discuss an SGO (probably as our son's solicitor mentioned to the LA legal people that we hadn't been offered this) but this seems irrelevant if we don't want an SGO yet and might look like we're agreeing with that way forward.
We would appreciate thoughts/advice etc as time is a bit short. Many thanks.

[Robin D]

I can't help with your fundamental question I am afraid, but my starting point, given the timescales would be to apply to be a party. You may find teh social worker tries to put you off saying it will delay the case etc, but that's a nonsense. You can get the forms from the court office, and they will usually help you to complete them. That application will then be heard at the start of the next hearing, and on the assumption that the judge grants you application, it becomes immediately effective. Given you role, I can't see how a judge would refuse the application. The whole thing should take only a few minutes in court unless any of the the other parties object, but assuming they are legally represented, that, in my experience, is extremely unlikely. We had it in one case, the barrister for the LA said they didn't see the need, the barrister for the child supported the application. The judge replied that as the key carers for a number of years, why should we be excluded, and granted the application.

You do not need to be legally represented but it means you get to see and hear everything and can put your comments to the court. Often, the solicitor for the children will offer help and advice.

There is a small fee to pay, but again the court office will go through that with you.

Hopefully @Suzie will be along to answer you primary questions, but I am aware that they are very busy.

Good luck .... Robin

[KJY88]

Hi Robin and thank you for this excellent advice. I was drafting a request to become party to proceedings but since posting we discovered that firstly the LA were indeed pushing for SGO virtually behind our backs. We know it's the best plan for stability for the children but not without drawbacks and we would have hoped we'd get legal advice before any final decision. However at a legal meeting our SW and the children's Guardian objected to this and finally it was agreed that we should foster for a transitional period which can be as long as we want. Hooray! Then later the SW messaged me to add 'oh and we've applied for you to be party to proceedings. Hope that's OK.' Yes!!!! So unlike most things when dealing with SS or LA's which take forever to get a reply, this time we have got the answer before we'd even asked for it. Many thanks again though!

[Robin D]

Excellent news. Hope everything goes smoothly from now on.

[Suzie, FRG Adviser]

Dear KJY88

Thank you for your two posts, which I will answer here. Welcome to the discussion board, my name is Suzie, I am an online adviser and will be responding to you today.

You are grandparents to children who are currently living with their parents. Care proceedings are underway. You have been positively assessed as kinship foster carers and special guardians. Should the courts decide that the children can no longer remain with their parents, they will live with you.

In your initial post you were seeking advice regarding the local authority pressing for a Special Guardianship Order (SGO), when initially you agreed to become kinship foster carers with the view to making an application for an SGO in due course. You were concerned about lack of support should an SGO be granted and the underhand way children’s services were approaching this.

I am pleased to say that following this post, the situation has changed. You are now party to the proceedings and the plan is for you to care for the children under a kinship foster care arrangement if it is decided that the children cannot remain with their parents. I have added a link HERE for further information and advice regarding kinship foster care what I hope you find helpful.

Best wishes, Suzie