Family Rights Group | Kinship carers’ Forum

Hi my husband and myself have our second court date on 2/8/24 we didn't have to attend the 1st one .we are going through an SGO for our 14yr old twin grandchildren they have been in our care for nearly 3 yrs .it's took 12 months and 4 social workers to get here both parents both agree to the SGO .social services funded a solicitor to complete forms and have done an assessment and support plan but asked if we would represent ourselves in court to save money of them paying the solicitor we said we would but to be honest now we've had letters from court and the dates getting nearer I'm getting really anxious about it .has anyone done this and what is it like .thanks in advance. Twinsnan

The thought of it is much, much worse than the reality. It sounds like it's going to be a SGO with the agreement of all parties. You will probably find that there is someone their representing the children and they will guide you through, but even if not, the clerk to the court will be very helpful. The judge will not expect you to know the court protocols, and will put you under no pressure at all. We had to do it several times, the first time in the late 70's and also in the High Court at the Royal Courts of Justice in the late 80's/early 90's. Then again later with a contested case on the 2000's. Every time we got a little worked up about it, but it was never as bad as our worst expectations.

Just stay calm, and if you don't understand, please say so. The judge will not allow you to be bullied if you have to give evidence.

I suspect what will happen is that the solicitor or barrister for the local authority will lay out the details of the case pointing out that all parties are in agreement, or where there may be some dissent (from a parent perhaps). The one representing the child will then agree with the LA and say a few words. The judge may ask you if you are happy or have any questions, sum up and make the order.

It's not the most pleasant of experiences, but what you are doing for your grandchildren is wonderful, and after all the stress the outcome is surely what you and the children want? Just have them at the back of your mind, and the whole thing is likely to be over in minutes. The two adoption hearings we went through (1 child, then 3 more) were over in about 15 minutes and most of that was the judge summing up and thanking us for what we were taking on.

Robin

Hi Robin thank you for replying that made me feel a lot easier.to be honest though our 3rd social seemed to think they wouldn't have to attend and say she maybe be able to give a lift to court if she's free that day ! We were passed to our 4th social worker only a month ago she has offered to come with us .

Edited by Suzie in line with rules

Dear Twinsnan

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

You and your husband have been caring for your twin grandchildren for almost three years and are now seeking a Special Guardianship Order (SGO) for them. It sounds as if this this is a private law application. We have an advice sheet 2d here which sets out what is involved in private law SGO proceedings.

Children’s services are involved and in agreement with you becoming special guardians. It is not clear what their current involvement is with the children though. They have assessed you and drafted a support plan, however. If you have any concerns about the draft support plan please seek further advice as soon as you can as once the order has been made it is difficult to challenge the support offered.

You are litigants in person in this process. Children’s services did provide some financial support for a solicitor to fill the application forms in but suggested that you represent yourselves in court to save them paying solicitor fees! I am guessing that you were not eligible for legal aid. Many prospective special guardians do represent themselves however if children’s services were proactively encouraging you to apply for a SGO they certainly had a power (although not a duty) to fund a solicitor to assist you.

You are somewhat apprehensive about going to court without a solicitor. This is understandable. You have had some helpful advice from another kinship carer who has experience of this and who has offered you reassurance. I agree that as all parties agree with the SGO being made this should be a straightforward process and hopefully not too daunting for you. You are not facing a contested hearing, have been approved as Special Guardians by children’s services and are asking the court to formalise the arrangement whereby the children live with and are cared for by you.


You may find Advice Now’s guides to representing yourself in the family court helpful. And there is also a handbook for litigants in person if needed.

I hope this is helpful.

If you have any queries about children’s services or need any further advice please post back on this forum, call our freephone advcie line on 0808 8010366, Mon to Fri, 9.30 am to 3.00 pm or use our advice enquiry form or webchat.

Best wishes

Suzie

Hi Suzie thanks for replying yes that's pretty much it I do feel better after reading Robin's and your reply.my neighbour who's a probation officer is helping me with mails to court and has given me lots of help .she's said it's not fair that we have just been left by social services to wade through all the legal stuff ourselves. To be honest concerning the support plan I was just glad of any help but the cafcass social worker wasn't so she's put in her report that they need to make an airtight plan that does more than they are offering. We didn't even know we would get an allowance which will be an enormous help especially with 2 teenagers ! I'm so glad I found this group. Many thanks.

Edited by Suzie in line with rules

Hi I need to send an email to court to say I agree with the assessment and support plan I'm honestly freaking out about sending it I don't know where to start with it I only have access to my email on my phone and I'm worried I will mess it up any advice would be very much appreciated.


Edited by Suzie in line with forum rules

I would keep it very short and sweet.

Put the case reference in as the subject.

Then type something like. (You can cut and paste it into an email if you like)
I am pleased to confirm that that the assessment and support plan submitted by the (name of local authority) are acceptable to me and have my support.

Please get back to me if this does not meet your requirements. Please note that I only have access to email on my phone so apologise for any errors.

Yours ..... Full Name

Thank you once again Robin that's very helpful.

Hi all have received a letter front court to say it has been put back from the 2nd to the 30th of August due to court listing requirements I'm gutted and am dreading telling the kids we cancelled our holiday to go to court on the 2nd mo

So the children miss out. That's not fair. I take it you had not advised the court that you had booked holiday? Always worth doing at every hearing as they will always avoid those dates or excuse you from a particular hearing. As you are self representing, just ensure that the solicitor representing the children is aware or the social worker.

I don't know who you had the holiday booked with originally, but a phone call with an explanation (with possible sight of the letter from the court) may be enough to get it re-instated although it may cost you an admin fee. Depends if they have resold it really.