Can son return to my care at 16 or 18?

[CAB662881]

For several years I looked after my 3 children on my own. I then, over a few years, started to suffer from a mental disorder that meant I needed help looking after my children. My ex-husband was extremely unhelpful when giving child support but eventually stepped in when I was forced to go into hospital.

When I was out of hospital social services took out care orders on my three oldest children, placing them with their biological father. My youngest child (not the child of my ex-husband), was fostered into the care of my ex which kept all four children together, which I was glad about.

Last year my 3 eldest children were taken off their care orders and still live with their biological father. The youngest is still fostered there.

The court session that removed the care orders was a great let down to me personally as I had prepared, with a lot of help, a long statement challenging social services case against me. I had new psychiatric reports that challenged the social services prejudicial one against me etc etc. Unfortunately the Judge decided to make her decision without allowing any submissions to be heard.

At the time of the care orders been removed (all CIN meetings etc are now finished with) I met a new partner who informed me very early into our relationship that he had served a prison sentence for indecent images and had a SOPO attached that stopped him from possessing images of children that weren't his blood without the permission of their parents. I decided to stay with him despite this. Love is strange.

Now, two years on, my partner has been to court and challenged his SOPO and had it rescinded. His time on the Sex Offenders Register is due to expire this November and his offence should be spent????

Anyways, my son, who still lives with his father and who social services says I can only have supervised access to (is that legal?) will be 16 next year and is adamant that he wants to come to live with me and my partner then but social services keep saying he cant even be seen unsupervised by me (and/or) my partner till he is 18.

So my question is, as its never seems to be explained to me very clearly, can he come and live with us at 16 or 18? Can he visit unsupervised (not overnight) at 16? Can I challenge social services in any way?

I know that is broad questioning but I have so many questions

[Suzie, FRG Adviser]

Dear CAB66281

Thank you for your post and welcome to the Board.

Firstly I will answer a question about Care Orders because you have said that your youngest child is still fostered and lives with his sibling’s father – should I assume that there is still a Care Order with respect to him, if so?

Care Orders end when children reach their 18th birthday at which time, legally they are adults: they can end sooner by way of being discharged our advice sheet Care (and related) proceedings can tell you more about the Orders and about conditions under which they might be discharged.

Children in care at 16 years old are supported to ‘transition’ to adulthood and this can include discussions about where they will live once they leave care. A discussion of this nature may take place after your son reaches this ‘milestone’ for now he likely to be ‘guided’ by his ‘step-father’s’ wishes and the local authority’s because they have a Care Order more so than yours at this point. Our advice sheet about Support for young people leaving the care system can tell you more.

A discussion with the independent reviewing officer may help and advise you at this time, however your partner’s ‘history’ will throw up questions about ‘risk’. We have an advice sheet that outlines the duties Children’s Services have to children in care it is here: Duties on Children’s Services when children are in the care system.

If, however, there is no Care Order on your youngest and no Child in Need plan may I assume that Children Services are concerned about your partner and the nature of his conviction? The NSPCC offer guidance for Women as Protectors it may be useful to you and information from the Lucy Faithfull project called Parents Protect may be of use to you too.

I hope this response is helpful.

Best wishes

Suzie