Mother/family baby unit

[fightformykids99]

What rights do I have please? I'm currently going through court proceedings as we have been accused of non accidental injury. Both of my children are living with their grandmother until these proceedings are over with. One medical expert has said our explanation is possible and the other has a different opinions so there's an ongoing debate. However I've found out I'm pregnant with our third child. It is a huge shock. We do not want another baby taken away, we know it isn't the right time but everything happens for a reason. I've been reading into this and I'm wondering what my rights are on a mother and baby unit or family unit please? All of our parenting assessments are all positive and they do not have any concerns. Any advice would be much appreciated. Many thanks

[Suzie, FRG Adviser]

Dear fightformykids99,

Thank you for your post and welcome to the parents' board.

You say that you have been accused of non-accidental injury and you are currently in care proceedings. Both your children are in the care of their grandmother. Two medical experts have offered their opinion but there is no conclusion on how the injuries were caused. You have since found out that you are pregnant with your third child. You would like to know what your rights are in relation to a mother and baby unit. You have undergone parenting assessment which have all been positive.

Firstly, I am sorry to hear about the situation you are in, and this must be very difficult.

In relation to the current care proceedings, it is likely that a fact-finding will be held. This means that a judge will look at all the available evidence, including that from medical experts, and will decide on the balance of probabilities how the suspected non-accidental injuries may have been caused and who may have caused these. I would encourage you to discuss this with your solicitor, who will be able to advise you on what to expect.

You may find it helpful to take a look at this page on the stages of care proceedings. Following the fact-finding hearing, there will be a final hearing. This is where the judge will make a final decision about the longer-term care of the children. The judge will look at all assessments. The outcome of the fact-finding hearing will influence the judge's decision.

Congratulations on your pregnancy! It is understandable that you feel worried about what may happen next. Firstly, the social worker should carry out a pre-birth assessment. This is carried out in much the same way as other social work assessments but is completed before the birth. It will include the social worker speaking with the your midwife and other relevant health practitioners.

If children's services are concerned that your unborn child may be at risk of significant harm, they may consider initiating care proceedings once you give birth. This could result in your child being removed from your care if the court grants an order giving the local authority shared parental responsibility. The outcome of the fact-finding hearing is also likely to influence the steps that children's services take - if for example, the fact-finding hearing concludes that the injuries in question were non-accidental and attributable to both parents, it is less likely that children's services/court will support the child returning home with the parents or being in their care in another placement.

Nevertheless, the fact-finding hearing may not conclude this, and there may still be the opportunity for you to care for your baby in a mother and baby placement, or for you and the child's father to enter a family assessment unit. You will need to discuss this option with your solicitor, who can advocate for you at the initial court hearing, if proceedings are started.

I hope you have found this helpful.

Best wishes,

Suzie.