Removing kids from parents - waiting to go to court, SGO

[Mrscreaea]

Hi just after some advice and what I can and can’t do. My social worker has filled for sgo order but the courts have the paper work. Can I remove my kids from my parents house while I’m waiting for it to go to court cause me and my partner still have our rights till it’s been sorted in court so was wondering if I removed them and changed there school can the police get involved or can the social worker put an emergency order on them

[Suzie, FRG Adviser]

Dear Mrscreaea

Welcome to the discussion board and thank you for your post. My name is Suzie, I am an online advisor and will be responding to you today.

I will be moving your post to its own thread on the discussion board because it does not fully relate to this thread. I hope in doing so, it may be helpful to someone else.

The social worker has filed a special guardianship assessment (SGO) to the court, and you have a copy of the assessment. You retain parental responsibility for your children and as such ask whether you can remove your children from your parent’s house and change their schooling whilst you wait for the court hearing to make a decision regarding teh SGO. You are seeking advice on what the implications might be for you and your children if you do so.

I would strongly advise you to work with Children’s Services in the best interest of your children. Should you remove the children in an unplanned way this is likely to raise their concerns and escalate risk. Further, it may result in your parent’s home being assessed as unsafe with the children not being able to return to their care (until, at the very least, an Order is in place).

You do not say whether Care Proceedings are ongoing, if there is a Section 20 in place or whether this is a Private Family Arrangement.

If care proceedings are ongoing there will be an interim care order (ICO) in place which means children’s services share parental responsibility with you, but they have the final decision regarding the children’s care.

If you have signed a Section 20, then you hold parental responsibility and they do not which means in theory you could withdraw your agreement and remove the children. Both arrangements would give your children looked after status. I have added a link HERE which you may find helpful. It explains what being looked after is and the responsibilities of children’s services in such circumstances.

If the application for a SGO is being taken under a private family arrangement, then the children will not be looked after and children’s services will not be involved apart from completing the assessment. I have added a link HERE to SGO information for birth parents and HERE private family arrangements.

I have also added a link HERE to our advice page regarding parental responsibility - if you click on 'quick facts' you will be taken to our sheet explaining parental responsibly and who has it.

Should you decide to remove the children from their grandparent’s care, children’s services and or the grandparents may decide to contact the police because they have concerns regarding the children’s safety. The police may use their powers to remove your children if they think they are at immediate risk of harm. This type of power can be used for 72 hours. I have added some information HERE which discusses this in more detail.

If there is a Section 20 or a private family arrangement in place children’s services may decided to make an emergency protection order (epo) application to court to remove the children from your care. They may make the application whilst the children are under police protection. I have added some information HERE which explains an epo in more detail.

If you are in care proceedings, I would suggest you work with your solicitor to discuss your situation and to seek their advice on this matter.

If you are unhappy with your children’s schooling and they are looked after children, I would suggest you raise this with the independent reviewing officer (IRO) whose role is to ensure the children’s care plan meets their needs. This also includes their educational needs.

I hope you find this information useful.  Should you wish to speak to an adviser please call our free advice line again on 0808 801 0366 (Mon to Fri 9.30a.m. – 3.00p.m) excluding bank holidays. Or of course, you can post again on here.

Best wishes, Suzie