Dear Hollna22
Welcome to the parents’ discussion board. Thank you for your post. My name is Suzie. I am Family Rights Group’s online adviser.
I am sorry to hear about the difficulties you and your family are currently experiencing. You explain that your three children were recently placed in foster care under a
voluntary section 20 arrangement. You felt coerced into agreeing to this. You say that the children went into care because of you having ME, a condition you have had for 13 years. The children’s first
Looked After Child review is due to take place very soon. You have several questions about the review itself, and you want to know if the children could be returned to your care after the first meeting.
I will try to answer all your questions. But first, I wanted to clarify with you that section 20 is voluntary. You should not have been coerced or made to feel forced into agreeing that the children be placed into foster care. However, if the social worker believed that it was no longer safe for the children to remain in your care, and you did not want to agree to section 20 then they may have made a court application for an
emergency protection order or an
interim care order. This is what they suggested to you. It would have been for the court to decide if the threshold was met and the children’s needs required them to make an order allowing the local authority to share parental responsibility with you, and to remove the children from you, if that was necessary. If children’s services apply for a court order for your children, then as a parent you would be entitled to legal aid for a solicitor to represent you in court.
You can still withdraw your consent to the section 20 voluntary arrangement at any time. You do not have to give notice. However, if children’s services were still concerned that this was not safe for the children they could apply to the court as above or ask the police to take them into police protection.
As you have a LAC review due in a few days, it may be a good idea to take part in that meeting and to put forward there that you would like the children returned home; you can find out more about whether children’s services would agree to this and if not, what work they want you to do to and in what timescale for the children to return to your care in a planned way. If they do not agree to this then they should be able to tell you why not. But if they suggested that the children should remain in foster care for a longer and you do not agree they would need the court to make an order.
As the children’s mother. you have parental responsibility for them, and you have agreed to them being accommodated in foster care, you should be present at the LAC review. You may be sent a consultation form to complete. The children would usually be present for some if not all the meeting, but this depends on their age, understanding and wishes. The
Independent Reviewing Officer (IRO) must find out their views and include them in the meeting.
You should have a copy of all the LAC paperwork before the meeting. You can ask the social worker for the plans. If you have not received them then let the IRO know.
We have very detailed information about children in the care system under a voluntary arrangement
here. This explains in much more detail about these processes, and your rights as a parent.
If you have family and friends who could support you to care for your children or care for them (as an alternative to unrelated foster care) then please let the social worker know as soon as possible. A
family group conference (FGC) is a good way of bringing your network together so this is something you can ask the social worker to arrange if you think that it might help.
I am sorry to hear that you have ME. Parents are not usually asked to agree to their children going into foster care because a parent has a particular disability. As an adult with a disability, you may be entitled to some help for yourself from Adult Social Care so do look into this. However, if the parent’s health needs negatively affect their ability to care for the children safely and meet their needs then this could prompt children’s services to seek agreement to foster care. An FGC might also help identify what help your network can provide you to help you as a parent with a disability.
If you need some emotional support or practical advice, then the charities
MATCH and
Family Line may interest you.
If you would like to discuss your situation with an adviser, please call the freephone advice line on 0808 8010366, Mon to Fri, 9.30 am to 3.00 pm (except bank holidays. If you prefer you can post again with any further queries or send an advice enquiry form or use our webchat.
I hope that the children’s LAC review goes well, that you are clearer about your options and know how to progress the children’s return home, if possible.
Best wishes
Suzie