Good evening folks,
I’m at the very beginnings of the next part of my journey.
For a bit of background, I was arrested in August 2021 for IIOC. Admitted guilt at first interview and second again. Gave them all the info and it came back as I had been telling the truth etc
I have two beautiful daughters and a fiancé. I obviously had to leave the home and had supervised contact with the children since.
Sentenced a few weeks back in Crown and my SHPO doesn’t restrict contact with my two children or any child under 16, which is what I was hoping for so I could then go home and be a proper father to my children as they have suffered without me there and I’ve missed them more than I can say.
SS closed our case in March as they were happy that my fiancé supervised contact with the children.
So now that I’m sentenced I obviously want to go home and be a family again; and this is what my fiancé wants too.
I’ve asked my Visor and they said to hold off moving back home to see what SS say. I had my first probation induction today as my sentence is to be served in the community and they also said they need to wait and see what SS say.
My head is just swimming. I’m so glad the worst part is over and done with but this all now just feels like it’s going to be another uphill battle with the SS
I don’t know who has authority and who doesn’t and it’s all just pissing me off. All I want is my family back and to get back to as much of a semblance of normality as we can. I made a terrible mistake and I’m paying for it, and will be paying for it for years but all this just feels like even more punishment when it’s entirely unnecessary
I was recently told that the SS are bound by law to follow the terms of the SHPO. Any truth in this ?
Like, for example, if I just decided tonight to move back in tomorrow, what’s the comeback ? What will happen
None of them seem to have a clue…
Shpo - Visor - Probation - Visor - HELP PLEASE!
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LannisterDebts
- Posts: 2
- Joined: Sat Oct 22, 2022 9:13 pm
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Bossman1959
- Posts: 42
- Joined: Mon Aug 23, 2021 10:51 am
Re: Shpo - Visor - Probation - Visor - HELP PLEASE!
Hi, this must be very distressing for you all.What Kind of legal advice did you have? The reason I ask is that they may be able to say for certain if the ss are duty bound to follow the order.
Personally myself,I don't see why they shouldn't, the court have made an order which doesn't say no contact. You would think the ss could not get a court order to stop you against a court order that says you can.
They may want an involvement to monitor the situation, which I suppose could be distressing for you all. I think the best you can do if no one knows is to talk to a family law solicitor, they should know..
Hope all goes well.
Personally myself,I don't see why they shouldn't, the court have made an order which doesn't say no contact. You would think the ss could not get a court order to stop you against a court order that says you can.
They may want an involvement to monitor the situation, which I suppose could be distressing for you all. I think the best you can do if no one knows is to talk to a family law solicitor, they should know..
Hope all goes well.
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LannisterDebts
- Posts: 2
- Joined: Sat Oct 22, 2022 9:13 pm
Re: Shpo - Visor - Probation - Visor - HELP PLEASE!
Hi there, thanks for the reply.
Sorry for not putting in the initial post, but yes my solicitor, who I’ve been using since the arrest has told me that they’re bound by the terms of the shpo.
Visor and Probation have both made sort of veiled threats that the social can just immediately take the children away if I were to go back without their permission. Which has worried my fiancé to no end.
I’m sure they can’t do that but I’ve got nothing to back that up, I don’t know where to look for the right information etc.
I accept that the SS will be involved, but I don’t want them ruling our lives and constantly breathing down our necks
Sorry for not putting in the initial post, but yes my solicitor, who I’ve been using since the arrest has told me that they’re bound by the terms of the shpo.
Visor and Probation have both made sort of veiled threats that the social can just immediately take the children away if I were to go back without their permission. Which has worried my fiancé to no end.
I’m sure they can’t do that but I’ve got nothing to back that up, I don’t know where to look for the right information etc.
I accept that the SS will be involved, but I don’t want them ruling our lives and constantly breathing down our necks
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WhiteOrchid
- Posts: 16
- Joined: Thu Aug 12, 2021 9:07 pm
Re: Shpo - Visor - Probation - Visor - HELP PLEASE!
Hi LannisterDebts,
Hopefully I can shed some light onto your situation by sharing what I know/have learned from others who are in similar situations.
Your solicitor is right in that SS are bound by the conditions of the SHPO. They cannot enforce any further restrictions that are not listed on the SHPO. They can of course, make recommendations and threaten escalation if these are not met. SS nor the police, can enter your home and remove your children on the spot. For SS, they would need to apply to a court and prove your children are in immediate danger for this to be approved, likewise with an emergency order. In both cases, you would be notified so that you can present your case.
I would not recommend that you return home without informing SS though as court proceedings should be avoided but you could inform your visor and social worker that your long term goal is to return home and set a plan on how you feel this would be achieved. If your suggestions are ignored, then escalate but I would start here first. Hopefully this helps.
Hopefully I can shed some light onto your situation by sharing what I know/have learned from others who are in similar situations.
Your solicitor is right in that SS are bound by the conditions of the SHPO. They cannot enforce any further restrictions that are not listed on the SHPO. They can of course, make recommendations and threaten escalation if these are not met. SS nor the police, can enter your home and remove your children on the spot. For SS, they would need to apply to a court and prove your children are in immediate danger for this to be approved, likewise with an emergency order. In both cases, you would be notified so that you can present your case.
I would not recommend that you return home without informing SS though as court proceedings should be avoided but you could inform your visor and social worker that your long term goal is to return home and set a plan on how you feel this would be achieved. If your suggestions are ignored, then escalate but I would start here first. Hopefully this helps.
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Suzie, FRG Adviser
- Posts: 4996
- Joined: Mon Jul 04, 2011 2:57 pm
Re: Shpo - Visor - Probation - Visor - HELP PLEASE!
LannisterDebts wrote: Mon Oct 24, 2022 7:17 pm Good evening folks,
I’m at the very beginnings of the next part of my journey.
For a bit of background, I was arrested in August 2021 for IIOC. Admitted guilt at first interview and second again. Gave them all the info and it came back as I had been telling the truth etc
I have two beautiful daughters and a fiancé. I obviously had to leave the home and had supervised contact with the children since.
Sentenced a few weeks back in Crown and my SHPO doesn’t restrict contact with my two children or any child under 16, which is what I was hoping for so I could then go home and be a proper father to my children as they have suffered without me there and I’ve missed them more than I can say.
SS closed our case in March as they were happy that my fiancé supervised contact with the children.
So now that I’m sentenced I obviously want to go home and be a family again; and this is what my fiancé wants too.
I’ve asked my Visor and they said to hold off moving back home to see what SS say. I had my first probation induction today as my sentence is to be served in the community and they also said they need to wait and see what SS say.
My head is just swimming. I’m so glad the worst part is over and done with but this all now just feels like it’s going to be another uphill battle with the SS
I don’t know who has authority and who doesn’t and it’s all just pissing me off. All I want is my family back and to get back to as much of a semblance of normality as we can. I made a terrible mistake and I’m paying for it, and will be paying for it for years but all this just feels like even more punishment when it’s entirely unnecessary
I was recently told that the SS are bound by law to follow the terms of the SHPO. Any truth in this ?
Like, for example, if I just decided tonight to move back in tomorrow, what’s the comeback ? What will happen
None of them seem to have a clue…
Dear LannisterDebts
Welcome to the parents discussion forum.
My name is Suzie, online adviser at Family Rights Group and I will be responding to your post. I see from your post that you have been convicted for downloading indecent images of children and have been given a community sentence. You are currently having contact with your two daughter supervised by their mother, your fiancee and, at this time there is no children services (new name for social services)involvement. Children services were involved but closed their case because, as you state, they were satisfied with your fiancee supervising contact. I believe the fact that you were no longer in the home was a significant reason that may have led children's services to take the view that there were no ongoing safeguarding concerns at the time.
Now that you have been convicted and sentenced with, you state, no restrictions relating to children on the 16 on your SHPO, you believe that you should be able to return home to be with your family. You have been told that a referral will be made to children services and you are concerned about the likely impact of their involvement with your family. In your post you have stated that the advice you have been given is that children services has to work with the terms of your SHPO. There is no mention of registration on the sex offenders register or any period on the register. Is it the case that you are not on the sex offenders register?
It is important that you have an understanding of children services role as it relates to safeguarding to ensure that children live in a safe environment. As stated above, children services may have closed the case because you are not living in the house with the children. Now that you hope to return home the likelihood is that children services will want to carry out a risk assessment to find out what level of risk O(if any), they consider you may pose to the children. The role of the police in a criminal investigation is to identify evidence which will lead to a successful prosecution. Even in a situation where the police took no further action for whatever reason, children's services would still be involved because of their safeguarding role. In your current circumstances, children's services is likely to have the same concerns they did at the beginning of the process, now that you have been convicted of the offence. This is why I suggest that children services will want to carry out a risk assessment to satisfy themselves that the children or not at risk of harm.
As you and your fiance wish to resume living together as a family, the best way forward would be for you both to have an open on honest discussion with children's services about the current situation and how you both believe the children can be safeguarded in the home should you return. Whilst I understand that both you and your fiancee wish to move forward as a family it is important that you recognise, understand and accept the concerns children services are likely to discuss with you and be willing to work in a cooperative and open way with children's services. I think you may find it helpful to speak with the stop it now service on 0808 100 0900 as they offer advice to perpetrators and family members where sexual offences is the cause of concern.
You may find it helpful to read the information from our website website about what happens when children services receives a referral will stop it explains the kinds of assessment enter procedure that can be followed in particular cases.
Should you wish to speak with an advisor you can call our free confidential advice line on 08 08 801 03 66. The advice line is open from 9:30 AM two 3:00 PM Monday to Friday (excluding Bank Holidays)
I hope this is helpful
Best wishes
Suzie
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