Advice

[Starwars90]

I have had involvement with Childrens services since January 2021 when I was arrested for possession of IIOC. I had bail conditions which prevented me living in my own home.

The children were put on the CPR before my conviction and after my release from jail . They were taken off the register about six months ago and now on a CASP.
I was given a 12 month custodial , 10 year SHPO preventing me entering, residing in a household with female under 16 as well as on the SOR for the next 10 year.
We are now onto our sixth social worker.

I saw my children prior to my imprisonment with my wife supervising
I have seen my children since with an elder sibling supervising. I can contact them in the week by phone. I have had very little communication from Childrens services about a plan when can get life back to normal. I sent an email today to again raise the matter and the response I had was as follows:-

As you have been advised , I would recommend you take the matter to court. That way a judge, who is independent of the Local Authority can review the concerns of the Local Authority and make a decision regarding future contact with your children.

I am aware that you have completed various courses through Lucy Faithful etc, however based on your recent re-offending, the Local Authority feel that future contacts should remain supervised with your children, until they are of an age where they feel more able to communicate any concerns. At this time, we do not feel that either child is able to verbalise concerns with their mother, therefore the recommendation of the Local Authority is for the contact to remain supervised.

I take responsibility for my actions which got me in this mess. I have gotten help, dealt with my problems and just want to get life back on track but social services making our lives a nightmare.

There was a report completed by Lucy Faithful ( which the council commissioned) recommending increased contact leading to unsupervised contact which they are now effectively ignoring and forcing me to have to goto court to resolve matters. I have been long term unemployed since release from prison

I am writing to ask for any advice /thoughts on these circumstances. Is there any legal funding I can get to fight my case


Timeline of key events

[PerfectlySafeDad]

You have my absolute sympathies. I am a Dad who was convicted for similar stuff (7 years ago!), served a community sentence with no reoffence and now discharged from everything (2 years ago!)- except social service harassment that is! Your case is typical, and I'm going through a similar thing trying to win unsupervised contact with my child who is not deemed old enough to self-protect. The fact of the matter is the social Services (local authority) simply do not want to take the decision, and will NEVER take the decision (in any case inolving sex offence), because they have a blanket approach to never taking the slightest risk with their reputation by endorsing unsupervised contact. Therefore they are forcing you to take it to court to force a judge to make the decision so that their backs are covered. The reason they have never given you a 'plan for progress' to this point is because they don't have one and simply wanted to avoid the decision as long as possible, and believe me they never had any intention of working with you towards unsupervised contact. Believe me, there is no hope other than court, unless you want to wait until your child is an adult. Take heart, though, it is not hopeless. What you have to do is this (and I have taken this action on the advice of a top barrister and should have done it long ago):

Applying to family court is easy to do online (gov.co.uk), and the process itself only costs about £300, and only takes a few months. It is solicitors and barristers who cost money, but you can do without if you're smart enough. I would recommend going 'Direct Access' to a barrister, though, who will represent you in the court itself. Rank and file solicitors are a waste of time and money, out of their depth, and they would only refer you to a barrister in the end, ruthlessly charging thousands for being the middle man and every letter and phone call.

You will have to get a specialist risk assessment done on your 'risk' towards your own children (it will include assessment of your risk of reoffending in general), which we know is zero but the judge will need to see a report that says this to cancel out the Local Authority, otherwise he'll simply rubber stamp what they say. The experts who do these things have a background in criminology, sex offences, internet offences, probation work, social service work the lot. My own barrister has assured me "nobody will care what they (the SS) say in the end, and they will have to wind their necks in, the court has jurisdiction over them." This is dependent on getting a special assessment that says 'low risk' or 'very low risk' to your own child, of course. I have recieved one which says just this, and have a final hearing in January that I should now win (if my barrister is to be believed). Your human rights to family life (and your child's) then outweight the alleged 'low risk'. Another barrister I went to for advice seconded this.

It's very important that you get to the first court hearing and in your position statement you suggest the specialist assessment is the fairest way forward. That way the SS are then signed up to it under the supervision of court, the relevant expert is agreed, otherwise the SS would simply ignore it and you'd have wasted £2,400 on an assessment if you do it privately outside court as some people make the mistake of doing. Get a barrister if youh can afford one, get a specialist risk assessment (Lucy Faithful do this, or Willis and Palmer to name but two). The court orders the costs of it to be split equally 3 or 4 ways (you, the mother, the child's legal rep and the SS). I don't think you can get legal aid for a barrister, but if you can't afford it then you can still represent yourself (and have a 'McEnzie friend' with you in court for support). Simply stand your ground on asking for this assessment, keep a record of all the good work you have done (Horizon stands you in good stead), and insist it is a proper expert.
I was deemed 'low risk of reoffence, low risk of any contact offence, VERY low risk of any harm to my own child' by the expert. I'm sure you would achieve the same, and that is what you will need to win. Forget any idea that the Local Authority will ever show compassion and confidence in you. You HAVE to get this specialist assessment, otherwise the judge would only rubber stamp the Social Service's 'concerns' (they did not tell you this, I am sure, and would not of their own accord tell you to get such an assessment because they don't want to be liable for any costs towards it or to be beaten in court; they are 'economical with the truth' make no mistake).

[Suzie, FRG Adviser]

I have had involvement with Childrens services since January 2021 when I was arrested for possession of IIOC. I had bail conditions which prevented me living in my own home.

The children were put on the CPR before my conviction and after my release from jail . They were taken off the register about six months ago and now on a CASP.
I was given a 12 month custodial , 10 year SHPO preventing me entering, residing in a household with female under 16 as well as on the SOR for the next 10 year.
We are now onto our sixth social worker.

I saw my children prior to my imprisonment with my wife supervising
I have seen my children since with an elder sibling supervising. I can contact them in the week by phone. I have had very little communication from Childrens services about a plan when can get life back to normal. I sent an email today to again raise the matter and the response I had was as follows:-

As you have been advised , I would recommend you take the matter to court. That way a judge, who is independent of the Local Authority can review the concerns of the Local Authority and make a decision regarding future contact with your children.

I am aware that you have completed various courses through Lucy Faithful etc, however based on your recent re-offending, the Local Authority feel that future contacts should remain supervised with your children, until they are of an age where they feel more able to communicate any concerns. At this time, we do not feel that either child is able to verbalise concerns with their mother, therefore the recommendation of the Local Authority is for the contact to remain supervised.

I take responsibility for my actions which got me in this mess. I have gotten help, dealt with my problems and just want to get life back on track but social services making our lives a nightmare.

There was a report completed by Lucy Faithful ( which the council commissioned) recommending increased contact leading to unsupervised contact which they are now effectively ignoring and forcing me to have to goto court to resolve matters. I have been long term unemployed since release from prison

I am writing to ask for any advice /thoughts on these circumstances. Is there any legal funding I can get to fight my case


Timeline of key events

Dear Starwars90

Thank you for your further updating post regarding the difficulties that you are continuing to experience regarding unsupervised contact with your children and get your life back to normal.

I note that you refer to your children being on CASP (Care and Support Plan) which suggests that the children’s services you are involved with is not in England. Social services procedures in your area is different to that in England and our service remit covers England. I see there are a number of posts and responses based on the assumption that you were within the remit of the service.

The quote in your post sets out the local authority’s position on unsupervised contact and I understand your wish to move forward. I suggest you go back to the local authority and ask them to explain why they are not following the recommendations in the report they commissioned with Lucy Faithfull. The local authority has expressed their concerns, but you could point to the fact that Lucy Faithfull are experts and would have taken all issues around your offending into account when assessing you.

Once you receive a response you can then make an informed decision whether you go down the court route so a judge can decide future contact with your children.

You have had a very detailed response from another poster who has experienced the similar difficulties with unsupervised contact and suggested you go down the court route.

You may not be entitled to legal aid, but you can get advice from a family law solicitor who will be able to advise you about the merits of the case. Legal aid is usually considered on a means and merits test. You may be able to get an exemption for issuing an application to the court by completing the appropriate from which is an EX160.

I hope this is useful.

Best wishes

Suzie