Grandchildren have been taken in to care

[PGGYFW3]

My 4 Gran kids have been put in foster care under a section 20. Currently Children Services are saying it be in court with the next 3 weeks.

The reasons were home conditions, both parents have failed drugs tests and my Son’s partners Mother has made an allegation of domestic abuse. The domestic abuse is unfounded and the police said it will go NFA. There is literally no evidence.

The kids are 8,5 and 2 year old twins.
Before the section 20 I had the 2 eldest kids almost every weekend and 3-4 days a week during school holidays.

The social worker is being very dismissive with me being a Grandparent and while I attended the contact centre with my Son twice a week for a hour. Now she is saying I can only attend 1 session every 2 weeks.

I did apply for an emergency SGO assessment for the 2 eldest but I failed it due to they said with me working and some nights per month no plan was made where they would be staying, everything else was positive due it was like a second home them. They have everything in place for when they stayed, clothes, toys, bikes etc and their own room.

Obviously I am worried of the very close bond I have with them, even the foster carer has said it’s Grandad this Grandad that from the eldest ones.

I am not really clued up on family law and can’t really afford to start paying solicitors to get involved if it’s possible for me to even apply for any court orders ie arrangement orders etc.

Any advice where to start or what route to go down would be grateful

[Suzie, FRG Adviser]

Dear PGGYFW3

Thank you for your post and welcome to the forum. My name is Suzy, I am an online adviser and will be replying to you today. You have posted on the parents forum therefore I will answer here but technically because you are a grandmother, you should post on the kinship carers forum.

I am sorry to hear of your situation. It must be a stressful and difficult time for you.

Your four grandchildren have been placed in foster care under Section 20 of the Children’s Act 1989. Children’s services have indicated that due to concerns regarding neglect – poor home conditions, domestic abuse, and drug misuse, they will be making an application to court for an interim care order within the next three weeks. The police were initially involved but presumably, following investigations have decided there is to be no further action on their part.

Prior to the children being placed into foster care, you cared for the two eldest children almost every weekend and several days during the school holiday. You feel the social worker has been dismissive of your role and has reduced contacted between you and your grandchildren.

You put yourself forward to be assessed for a special guardianship order but this was not successful. Children’s services acknowledged the positive aspects of care you have and, could continue to provide for the children, (this is further acknowledged by the foster carer), but they were concerned about the lack of overnight plans for the children when you work nights. You are concerned that your bond with the children is being diminished. You are seeking advice and support about the court process and possible next steps.

You do not say whether you challenged the negative SGO assessment. If you wish to be assessed independently from children’s services you may wish to consider making an application to join the proceedings when they begin. This will allow you to ask the court for an independent social worker to carry out the assessment. I have added some further information HERE which discusses kinship care and a link HERE to the government website which which which provides information and guidance when making a application to become party to proceedings.

I wonder whether a Family Group Conference has been held or is underway. This could be useful when thinking about who might care for the children whilst you are working nights. A family group conference is a family-led decision-making meeting. A child’s wider family and support network come together to develop a plan to support a child and keep them safe. This network may include grandparents, aunts and uncles and sometimes close family friends. The meeting is supported and facilitated by a trained and skilled independent coordinator. They help the family prepare for the meeting and attend to support.

When children’s services put plans in place for contact, they must first consider what type and level of contact will meet the children’s needs and who has parental responsibility for the children. I have added a link HERE which discusses the duties of the local authority in this capacity. Children's Services Duty have a general duty to promote reasonable contact with children in care, including wider family members such as grandparents and siblings. You describe a close bond with the children, something the foster carer has also noted.

I think it would be a good idea to email the social worker, their team manager and the independent reviewing officer (IRO) to raise your concerns in respect of contact with the children. To outline your concerns at the reduction of contact and to ask for a written response to your concerns. Depending on their response you may wish to challenge via a complaint or the court process, should it reach this point.

If it is decided that the children cannot return to their parents care or come to you and you remain concerned about contact between you and your grandchildren, you may wish to consider making an application for a child arrangements order. You would first need to seek permission from the court and if this was successful, you could make an application for a child arrangements order. I have added a link HERE to child law advice who have some helpful information and guidance on this process.

One of the IRO’s main role is to make sure children’s services are meeting the child’s needs. Every looked after child must have an independent reviewing officer. The are responsible for monitoring and making sure the child’s care plan is carried out. They must assess whether it is an effective response to the child’s needs.

I hope you find this information helpful. If you would like to talk to an adviser at Family Rights Group about your situation, please call the freephone advice line on 0808 801 0366, Mon to Fri, 9.30 am to 3.00 pm. If you prefer, you can post back, use our advice enquiry form or webchat. Please refer to our website for further information.

Best wishes, Suzie