Can I complain?

[FaeryMaiden93]

Hello,

I am currently in the middle of care proceedings for my young child as a result of something his father did. He is subject to an ICO at the moment. I am fighting for him to be returned to my care as I did nothing wrong.

Our FOF hearing scheduled for April was cancelled due to Covid 19 and the fact that remaining expert questions were outstanding. The LA were due to file their findings sought at the start of April and this was also put back to May. The LA‘s legal representation are now saying they’re not ready and haven’t read some of the documentation (mainly my phone records which they’ve had for months) and can’t submit their findings sought until nearly the end of May. It’s pushing everything back and living in limbo for another potential 6 months is torture. Am I able to make a complaint about this? Is there any point? My legal representation doesn’t seem to care and says we don’t have much choice other than to except. All assessments of me have been positive but I was told I’d have an idea of whether they’d be suggesting my child could be returned to my care and I’ve been told nothing. Nearly 8 months of torture and now more to come. Delays everywhere.

Many thanks

[Suzie, FRG Adviser]

Dear FaeryMaiden93

Welcome to Family Rights Group’s parents discussion board and thank you for posting. My name is Suzie, FRG’s online adviser. I am sorry to hear of the difficulties you are having.

From what you say, you have been working very well with children’s services and assessments of you to date have been positive. You are working towards a goal of hopefully having your son returned to your care as you state that his father was responsible for the harm he suffered. You were hoping to know soon how likely that would be to happen. Unfortunately, there have been a number of delays to the court process, it seems, due to the Covid19 situation, expert responses still outstanding, and delays on the part of the local authority.

I can understand how frustrating and upsetting this is for you. Many families involved with the family court will share your distress about adjournments and delays at this time. You are, of course, very anxious to have the court process competed and, if possible, to resume caring for your son again. However, the finding of fact hearing is crucial to allow the court to determine the facts of your son’s case and decide on responsibility; your son’s welfare requires that all parties submit their evidence and the court timetable has to enable this to happen properly so that the right decision is made for your son. This doesn’t take away the distress that further delay causes you, I know.

Your solicitor is best placed to advise you on the court process and timetable so it is important that you should consider what they have to say. I am not sure that making a complaint against children’s services would benefit you and it would not lead to the court dates being changed. Children's services complaints processes cannot address issues that are decided upon or can be dealt with by the court.Here is an advice sheet on challenging decisions and making complaints, for your information. Do discuss with your solicitor if you are thinking about doing this though.

In the meantime, do keep working with the professionals involved, focus on the best possible contact you can have with your son (I know this may be challenging at the moment) and make sure that the Looked After Child plans for your son and his Independent Reviewing Officer reflect the work that you are doing and take account of delays at court.

You might find the following information helpful:

Advice for parents and families with a child in the care system
Duties on children’s services when children are in the care system
Care (and related) proceedings
Tips on working with your solicitor .

I hope this is helpful.

With best wishes

Suzie