Findings made - Advice needed

[alpaca]

Hi,

I'm looking for advice regarding the outcome of our fact finding hearing and the steps ahead.

After almost 12 months since the start of the proceedings we finally got the judgement last week and now we have a week to respond. My wife was accused of failure to protect, but has now being cleared. However, the judge has found that I must have momentarily lost my temper and hurt my child, albeit she remarks it was not deliberate. It's true that it was not deliberate, but not because I lost my temper, but because she fell from my arms.

The LA, CG and Court seem wanting to let us reunite as a family (I've been having to leave outside my house for a year, with daily home visits) after assessing me. However, my legal team is suggesting that I accept the judgement to speed things up and guarantee that I can go back home. I find this morally wrong, as they're asking me to lie. I'm willing to do it if it helps me go back home. But I wonder if there's no other way.

Would I not be allowed to go home if I don't accept the judgement as truth but accept that they consider me a risk and agree to cooperate and be assessed until such risk is mitigated?

I would appreciate any advice of previous experiences people could share.

Thanks

[Suzie, FRG Adviser]

Dear alpaca,

Welcome to the parents' board and thank you for your post.

You say in your post that care proceedings have been ongoing for 12 months, and that a fact-finding hearing has now concluded. You do not agree with the findings made at this hearing, but have been advised by your solicitor to accept these. The local authority's care plan includes reunification of your family and you would like to know how this may affected if you do not accept the findings.

Fact finding hearings are held within care proceedings when there is a disputed matter between the parties. The judge has considered all the evidence surrounding allegations and has made findings on the balance of probabilities as to whether each allegation did or did not happen.

It is difficult to challenge a finding of fact hearing - you can find more information here. Your solicitor has advised against this and is better placed, knowing the facts of your case, to advise you in respect of this.

If you would like to speak with any of our advisers, feel free to call our confidential advice line on 0808 801 0366 between 09:30am and 3pm Mon - Fri. Please note that we are now closed until 4th January 2021.


Best wishes,

Suzie.