Guardian misconduct

[Fightingmumma]

Is it misconduct for a guardian to start giving her opinion on how my child feels when she's not yet been assigned as guardian for my child?

The guardian was assigned for my youngest child in care for their proceedings and during these proceedings within one of my discussions with the guardian, I also brought up my older child, who is also in care but not living with the younger child, and I told the guardian I was considering making an application for them as well. The guardians initial response was to say she can't discuss my older child as she's not the assigned guardian, even though she has been in previous cases. She hasn't seen or spoken to my older child in over 3 years, not since the previous proceedings from 2021. However, my older child is referenced heavily throughout my youngest child's statement from the social worker and I wanted to explain things to the guardian that had been written by the social worker that were false and blatant lies. The guardian wasn't interested nor would she investigate anything, even when I sent her proof by email that the social worker was lying in her statement.

Although the guardian had initially said she couldn't discuss my older child due to not being assigned as guardian, she very quickly changed that stance, and started giving me her opinion on my older child and warning me that if I raise an application for my older child that I will be ruining her life, alienating her and causing her nothing but problems as she wants nothing to do with me. I said but how do you know this when you aren't even the guardian yet and you haven't spoken to my older child in over 3 years? The guardian said because I remember her from before and I know this is how she felt and still feels. The guardian then started rudely stating incorrectly why my older child had stopped having anything to do with me from years ago, which she also got completely wrong, her facts were inaccurate and when I tried to correct her she just dismissed me and said I didn't have any ability to listen. She even got the facts wrong as to why my kids were removed from my care in the first place. She was insulting me constantly and I believe she was inappropriate to be giving me such an amount of
discussion and her opinions about my older child when she had not been assigned as guardian and she had not spoken to my older child in over 3 years.

My question is, do I have grounds with this to complain? Am I correct that the guardian has behaved inappropriately?

The guardian also did not follow up on any of the evidence I provided with regards to things about my older child when she was finally assigned as the guardian a month later. She'd made her conclusions without looking at any of the evidence I provided and basically said "I told you so!"

Do I have grounds to file a complaint against this guardian?

[Suzie, FRG Adviser]

Dear Fightingmumma

Thank you for your post and welcome back to the forum. My name is Suzie, I am an online adviser and will be replying to you today. I am sorry to hear of your experiences when engaging with a Guardian for your children. It must be a stressful and difficult time for you. You are seeking advice on whether there are grounds for you to make a complaint about the Guardian.

You explained that you have two children living in foster care separately. A Guardian was assigned to your youngest child and then eventually to your older child. During a meeting for your younger child, you raised the possibility of making an application to discharge the order for your older child. The Guardian informed you that she could not discuss this child because she was yet to be appointed to them. They later changed there mind and offered their views on the child’s situation, including taking a view on their current wishes and feelings, without having had contact with the child for three years.

After the Guardian was appointed to your older child, you say she did not follow up on your concerns contained within a report for your youngest child (presumably completed by children’s services) which you say included ‘blatant lies and ‘false’ information. You say the Guardian was rude, dismissive and not listening to you.

I am unable to advise whether you have grounds to make a formal complaint because I do not have all the information before me. However, I think it is fair to say that professionals should be open, transparent and courteous to the families they are working with. If you are not satisfied with their conduct, then I suggest you take a look at the link below for further information and guidance about making a complaint through the Cafcass formal complaints process. Please clink the link
HERE

You can also contact Family Rights Group’s advice service by calling our freephone advice line on 0808 8010366, Mon to Fri, 9.30 am to 3.00 pm, using our webchat or advice enquiry facility, please see our website for further information. You can of course, also post on here again. I hope this helps.

Best wishes, Suzie

[Fightingmumma]

Thank you the link to CAFCASS complaints was very helpful. Cheers