PLO - LA are now considering a Care Order
Posted: Sun Jun 26, 2022 10:28 am
Hello,
I urgently need some advice on the PLO process and why the LA would consider applying to court for a care order.
Brief Overview of my situation:
My children are currently in Foster Care under a section 20, for which I was put under duress to sign, under the threat of a care order being applied for. I was not advised of my legal rights and given the chance for legal representation. The police were involved and they are not taking me to court for neglect, instead I have been cautioned. The situation that led to my kids placed in foster care was alcohol related. The children were not put under a section 47. My mother, MGM was initially asked by the LA to care for the children but they changed their minds at last minute. Regular weekly contact sessions are in place at a supervised contact centre.
Initial LAC and CPC have taken place prior to PLO. Care plans had not been completed and it has taken the LA months to issue one of the care plans, we are awaiting the final one. Both care plans should have been completed before placement or within 10 working days of placement. I have not been asked for my input in either of the care plans.
Present Day:
Fast forward to where I am currently - We are now at the PLO stage with the LA, I have legal representation. Initial PLO letter stated that the outcome of the legal planning meeting, did not want to take the matter to court but to work towards returning both children to me through PLO, this was also reiterated in the Core group Meeting, prior to the PLO being issued.
R-CPC meeting has never taken place and has been cancelled, written confirmation has been received that both children are no longer subject to a child protection plan and no further meetings are required. However, if I revoke the section 20, care order will follow.
PLO/WTA has been agreed and signed. Part of that agreement is to undergo toxicology tests, psychological assessment and parenting assessment and to continue to seek support for drug and alcohol use. My toxicology test came back clear for drug and alcohol use - Zero detected. PeTH test was under 40ng/ml. A liver function test I had done came back as normal. LA are dismissing the toxicology test, saying as there was admittance of drug use prior to the test there is a concern over my drug and alcohol use. The test showed that I was not a habitual user or addict, to which they are trying to imply. Tox test was arranged by local authority and the results come with a witness statement from the lab. As a result, reunification has been put on hold. I am willing to continue undergoing tox tests to prove I am not taking drugs or drinking to excess.
There has been speculation from the LA surrounding my cognitive functionality, there is no medical evidence or other evidence from any professionals in my childhood or adulthood to support this. LA are pushing for a cognitive assessment, even though it has been agreed by all parties to undergo this, if a psychologist deems this as required on outcome of psych assessment. False information has been provided to my legal representative that I have voluntary said in a meeting (unconfirmed meeting) that I have cognitive impairment, this is completely false. The LA is now trying to force me into a voluntary cognitive assessment. SW has been trying to gaslight me into admitting this, even though they were in attendance for both meetings when LA implied this.
LA are now trying to imply that I am seeking to revoke the section 20 again this is false information. I have spoken many times about wanting my children back home in my care in meetings, but have never implied I will revoke the section 20.
I have sought help and self-referred to drug and alcohol assistance and currently being assessed every few weeks by my key worker at the charity, with alcohol testing, results have come back clear, I am currently on a care plan. I attend AA meetings, again self-referred. Self-referred to counselling via the NHS. Self-referred to parenting classes (yet to commence). I have managed to find part time work.
The PLO process is still in place, as I need to complete my assessments etc. MGM has been assessed for IVA as part of potential Kinship care, outcome unknown. LA is now pushing for the case to go to court and they are implying that they want to apply for a care order, as there have been unexpected developments. They have not disclosed what these developments are to my legal representation.
Behind the scenes, the PGM of one of my children has been in contact with the LA, prior to PLO. I do not know what has been discussed with the PGM. I am against the PGM being involved and have expressed my concerns as to why this is (I won't go into too many details) but lifestyle is questionable along with a potential record. LA are having to consider the PGM as part of the PLO process. PGM has never reached out to support me and work alongside me, but is pursuing this as some sort of personal vendetta against me. PGM is attempting to take one of my children from me and split up the siblings. How is this in the best interest of the children?
The LA have done an IVA, I do not know the outcome. The PGM is apparently applying for SGO and has a solicitor. PGM would come under another LA not the same as my LA.
Questions advice needed:
1) When background checks are carried out for an IVA on PGM - Do the LA carrying out the IVA, check with that individuals LA in line with carrying out a PNC check?
2) Can the PGM apply to the court for a SGO while the PLO process is ongoing with my LA?
3) If so, would this indicate why my LA are pushing quickly to go to a care order via the courts to block the PGM's SGO application?
4) I am concerned that there has been derogatory information about myself being fed to the LA by the PGM.I am also concerned that they appear to be supporting PGM behind the scenes and not taking my concerns on board. Data protection is also a concern, as my children are under a section 20 and disclosure has been made that they are in foster care.
5) If the PGM has suspected drug use, can the LA or a court ask for toxicology tests to be undertaken?
6) MGM does not have legal representation, only myself. If a care order is applied for would MGM need to apply as Party to Proceedings to the court and would it be advisable to do this via a separate legal representative? I would consent to MGM to apply for Kinship or SGO. Note – we live in same household.
7) What more can I do to prove to the LA I am a good mother and to have my children returned back to my care? I have made positives changes to my lifestyle and continue to seek help and support.
8) Positives – Children no longer under Child Protection Plan, school reports have been so positive, no concerns to report either recently or historically. Behavior of both children are very positive from schools and Foster Carer, contact reports have been positive. My children have expressed time and time again they want to come home and be with me. Would a court look at this favorably, that I have been a good mother and have brought my children up well and they have not been neglected, will a court listen to my children and hear their voice?
Any advice is appreciated on this matter.
Thank you
I urgently need some advice on the PLO process and why the LA would consider applying to court for a care order.
Brief Overview of my situation:
My children are currently in Foster Care under a section 20, for which I was put under duress to sign, under the threat of a care order being applied for. I was not advised of my legal rights and given the chance for legal representation. The police were involved and they are not taking me to court for neglect, instead I have been cautioned. The situation that led to my kids placed in foster care was alcohol related. The children were not put under a section 47. My mother, MGM was initially asked by the LA to care for the children but they changed their minds at last minute. Regular weekly contact sessions are in place at a supervised contact centre.
Initial LAC and CPC have taken place prior to PLO. Care plans had not been completed and it has taken the LA months to issue one of the care plans, we are awaiting the final one. Both care plans should have been completed before placement or within 10 working days of placement. I have not been asked for my input in either of the care plans.
Present Day:
Fast forward to where I am currently - We are now at the PLO stage with the LA, I have legal representation. Initial PLO letter stated that the outcome of the legal planning meeting, did not want to take the matter to court but to work towards returning both children to me through PLO, this was also reiterated in the Core group Meeting, prior to the PLO being issued.
R-CPC meeting has never taken place and has been cancelled, written confirmation has been received that both children are no longer subject to a child protection plan and no further meetings are required. However, if I revoke the section 20, care order will follow.
PLO/WTA has been agreed and signed. Part of that agreement is to undergo toxicology tests, psychological assessment and parenting assessment and to continue to seek support for drug and alcohol use. My toxicology test came back clear for drug and alcohol use - Zero detected. PeTH test was under 40ng/ml. A liver function test I had done came back as normal. LA are dismissing the toxicology test, saying as there was admittance of drug use prior to the test there is a concern over my drug and alcohol use. The test showed that I was not a habitual user or addict, to which they are trying to imply. Tox test was arranged by local authority and the results come with a witness statement from the lab. As a result, reunification has been put on hold. I am willing to continue undergoing tox tests to prove I am not taking drugs or drinking to excess.
There has been speculation from the LA surrounding my cognitive functionality, there is no medical evidence or other evidence from any professionals in my childhood or adulthood to support this. LA are pushing for a cognitive assessment, even though it has been agreed by all parties to undergo this, if a psychologist deems this as required on outcome of psych assessment. False information has been provided to my legal representative that I have voluntary said in a meeting (unconfirmed meeting) that I have cognitive impairment, this is completely false. The LA is now trying to force me into a voluntary cognitive assessment. SW has been trying to gaslight me into admitting this, even though they were in attendance for both meetings when LA implied this.
LA are now trying to imply that I am seeking to revoke the section 20 again this is false information. I have spoken many times about wanting my children back home in my care in meetings, but have never implied I will revoke the section 20.
I have sought help and self-referred to drug and alcohol assistance and currently being assessed every few weeks by my key worker at the charity, with alcohol testing, results have come back clear, I am currently on a care plan. I attend AA meetings, again self-referred. Self-referred to counselling via the NHS. Self-referred to parenting classes (yet to commence). I have managed to find part time work.
The PLO process is still in place, as I need to complete my assessments etc. MGM has been assessed for IVA as part of potential Kinship care, outcome unknown. LA is now pushing for the case to go to court and they are implying that they want to apply for a care order, as there have been unexpected developments. They have not disclosed what these developments are to my legal representation.
Behind the scenes, the PGM of one of my children has been in contact with the LA, prior to PLO. I do not know what has been discussed with the PGM. I am against the PGM being involved and have expressed my concerns as to why this is (I won't go into too many details) but lifestyle is questionable along with a potential record. LA are having to consider the PGM as part of the PLO process. PGM has never reached out to support me and work alongside me, but is pursuing this as some sort of personal vendetta against me. PGM is attempting to take one of my children from me and split up the siblings. How is this in the best interest of the children?
The LA have done an IVA, I do not know the outcome. The PGM is apparently applying for SGO and has a solicitor. PGM would come under another LA not the same as my LA.
Questions advice needed:
1) When background checks are carried out for an IVA on PGM - Do the LA carrying out the IVA, check with that individuals LA in line with carrying out a PNC check?
2) Can the PGM apply to the court for a SGO while the PLO process is ongoing with my LA?
3) If so, would this indicate why my LA are pushing quickly to go to a care order via the courts to block the PGM's SGO application?
4) I am concerned that there has been derogatory information about myself being fed to the LA by the PGM.I am also concerned that they appear to be supporting PGM behind the scenes and not taking my concerns on board. Data protection is also a concern, as my children are under a section 20 and disclosure has been made that they are in foster care.
5) If the PGM has suspected drug use, can the LA or a court ask for toxicology tests to be undertaken?
6) MGM does not have legal representation, only myself. If a care order is applied for would MGM need to apply as Party to Proceedings to the court and would it be advisable to do this via a separate legal representative? I would consent to MGM to apply for Kinship or SGO. Note – we live in same household.
7) What more can I do to prove to the LA I am a good mother and to have my children returned back to my care? I have made positives changes to my lifestyle and continue to seek help and support.
8) Positives – Children no longer under Child Protection Plan, school reports have been so positive, no concerns to report either recently or historically. Behavior of both children are very positive from schools and Foster Carer, contact reports have been positive. My children have expressed time and time again they want to come home and be with me. Would a court look at this favorably, that I have been a good mother and have brought my children up well and they have not been neglected, will a court listen to my children and hear their voice?
Any advice is appreciated on this matter.
Thank you