Access to child if court agrees child to go to a special guardian

[VHNF4]

Hi there

I would like to know if anyone knows what would happen if my child was placed permanently with my parents under special guardianship. Will they be the ones to decide how much access I can have to see my child or will social services still have control of this?
My daughter was 9 weeks old and went down the bruising protocol due to a small bruise. They found 2 healing rib fractures and a hematoma. We believe this was from birth and are waiting for the medical experts to investigate.

However my partner showed a complete lack of remorse and has had some aggression issues in the past and with the not knowing I decided to leave him until the outcome of the injuries are investigated.

My parents are now caring for my daughter and I’m worried incase this is not medical and my partner was the perpetrator. From reading and researching I understand if this is not medical it will go to a fact finding and if the judge cannot decide who did this then I could face loosing my daughter. My parents are being assessed for special guardianship if the worse situation occurs.
What would this mean for me and access. Will my access still be limited? Or will they have more say how often I can see her. I really hope it will not come to this and she is returned to my care but I would like to know worse possible outcome and what it would mean.
Thank you in advance.

[Suzie, FRG Adviser]

Dear VHNF4,

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

You say in your post that your daughter is subject to care proceedings due to suspected non-accidental injury. This is being investigated and there are concerns about your partner, who in the past has shown issues of aggression. You have read that if the injuries cannot be explained to have been caused by a underlying medical issue, that a fact-finding hearing will be held. You are worried about that your daughter may be removed from your care if the judge is unable to conclude who caused the injuries. Your daughter is being cared for by your parents and they are being assessed as special guardians. You would like to know what this would mean for you and contact with your daughter, if a special guardianship order is made. You would like to know if your contact would be limited, and whether this will be up to the local authority or your parents.

Firstly, I am sorry to hear about the situation that your daughter and family are in. As you say, it will be important that during the care proceedings there is a decision made about how these injuries happened and who may have caused them. This may require a fact-finding hearing - the judge may find that the injuries were likely to have been caused by your partner, or may find that the injuries could have been caused by either one of you.

The local authority will put forward a proposed care plan before the final hearing. This will outline what they think should happen in terms of the longer-term care of your child. They are more likely to recommend that your daughter return to your care if they feel satisfied that you did not cause the injuries and that you are also able to sufficiently protect her. This will be based on a number of factors - the outcome of the fact-finding hearing, your understanding and insights into the concerns and your ability to keep her safe.

Your parents are currently undergoing a special guardianship assessment. If this is positive and the local authority do not think your daughter can safely return to your care, they may ask the court to make a special guardianship order. This means that your parents will have parental responsibility for your daughter to the exclusion of all others. The local authority should assess your daughter's needs as part of this, and will recommend how much contact they think you should have with her - this should be agreed and finalised at the final hearing. Your parents will be expected to act in your daughter's best interests and to follow these recommendations, especially initially. As time goes on, special guardians may make changes to contact, however this should always be in the child's best interests and it is often best for them to advise the local authority of this. If they alter contact in a way that is not assessed to be in the child's best interests, the local authority may become concerned about their ability to keep the child safe.

You may find it helpful to read our advice sheet on special guardianship for parents for more information.

I hope you have found this helpful.

Best wishes,

Suzie.