Will I get my baby back?

[AnonymousMum]

Hi, I posted in December about being accused of NAI.

The experts reports came back in late March with a view generally that there could be several other explanations for the alleged injuries. The Local Authority proceeded with the view that both of my children should be removed from my care permenantly.

An independent social worker ended up getting involved due to the local authority not completeing assessments on tome as my sw went on the sick, and came to the conclusion that my both of my children could be rehabilitated back to my care, even if the judge found the injuries to be inflicted, with protective measures in place. Suggested children could be on a care order at home initially to make sure they are safe. So obviously I was over the moon with this news.

They've now come back and said actually, I can have my eldest child back, but not the baby, who should go to live permenantly with my brother, as he needs better parenting because whilst they have been out of my care its been discovered they have some additional health needs (which are completely unrelated to the alleged injuries)
The final hearing has not happened yet, how can they say I will never get my baby back? My solicitor says the judge will not agree to this as my capacity to meet their needs in terms of their health condition has not been assessed but social services are saying they will and are pushing forward their plan. I don't understand how this could be allowed to happen? The hearing starts next week and I'm terrified.

[Suzie, FRG Adviser]

Dear AnonymousMum

Welcome back to the parents’ discussion board and thank you for your post.

Your children’s situation has moved forward and you have the final hearing next week. It seems there has been conflicting recommendations made in relation to the proposed care plan for your baby.

It is good news that the plan is for your eldest child to return to your care. However, children’s services are now recommending that your baby is not retuned but is placed with your brother. I am guessing that this would be under a Special Guardianship Order not a care order? You are understandably distressed and scared about this. It would also mean that your children would not be raised together. Sibling relationships are very significant and are the longest relationships we have.

Your solicitor’s view is that the court is unlikely to agree to this, as your capacity to care for your baby, who has been found to have additional health needs, has not been assessed. Your solicitor will consider how best to address this change of care plan in court.

Do you know what the Guardian’s recommendation and final analysis is? This will be important.

When making decisions for a child, the court must consider their welfare first and what is in their best interests. You may find it helpful to look at this explanation.

Your solicitor will help you respond to the local authority’s care plan and help you prepare for the final hearing.

If the court makes a decision that you believe is wrong in law or in how it was made you should raise this immediately with your solicitor. Orders made at the end of care proceedings can be appealed but the timescale is short. This is explained in this FAQ.

Do you have support in place for yourself to help you next week? There are a number of parenting support services who offer a listening ear, in the evenings and some at weekends as well as during weekdays so do call if you need to. Please see below for some links:

Family Lives
Family Line
You can find more useful links here too.

If you would like to speak with an adviser at Family Rights Group our freephone advice line, 0808 801066, is open Mon to Fri, 9.30 am to 3.00 pm. Or you can post back here, use our webchat or advice enquiry facility.

I hope this helps.

Best wishes

Suzie