Need to stop 2 yr old going back to Mother

[Carer5200]

This does.sound harsh on the face of it but hopefully I can explain. My wife and I have been foster parents to the child since 2 days old( now nearly 2) only viable parent was mum but she failed 2 assessments and we choose to get a SGO for the child we belive we can offer a much more stable life secure and very much loved by all our family we have become very emotionally involved and were given the likelihood this would go through with no problems with the LA blessing. As time.has gone on mother has been able to.be assessed for a third time as has reduced her alcohol intake and refrained from taking drugs the LA has now given a positive assessment and have it seems dismissed are application or put to one side as a contingency the SGO and back the child going back to mother . We are devastated. We dont believe this is in the best interests of the child at all his mother has no support systems in place still drinks alcohol and could relapse into drug use again and unfortunately has a history of abusive partners, we are terrified the child will be neglected. We have sw a solicitor they advised us to submit 2 forms into court ,
C1 and c13a stating our SGO intentions, which we will do but we.dont understand why our SGO application which did.have a postive out come they just needed clarification on how contact would work with dad, the SGO was never rubber stamped.
Is there anything else we can do, can we contest the LA's decision and could we get legal aid to.do this?
Any help would be very much appreciated by us all.

[Winter25]

Hi Carer5200,

This is a heartbreaking situation. You have been the only parents this child has known for their entire life, and now the Local Authority (LA) has done a "U-turn" because the birth mother has ticked the right boxes on a third assessment.

Since private messaging has been removed to keep us 'safe', I am posting this advice publicly so everyone can benefit.

You are entering a very specific legal battle: Attachment vs. Biology.

Here is the "hard-hitting" reality of where you stand and how to fight this.

1. The Legal Hierarchy (The Uphill Battle)
Under the Children Act 1989, the court is legally required to prioritize reunification with the birth family if it is safe.

The "Re B-S" Judgment: This Supreme Court ruling states that permanent removal (Adoption or SGO against parental wishes) is a "last resort" and "nothing else will do."

Because the mother has passed her assessment, the LA is legally covering its back by supporting her. If they didn't, she would sue them.

2. Your Strongest Argument: "The Trauma of Separation"
You cannot win this by just saying "Mum is a risk." You win this by arguing that moving the child now would cause significant harm.

The Law: Look at the Welfare Checklist (Section 1(3) of the Children Act). specifically (c) the likely effect on him of any change in his circumstances.

The Argument: This child is nearly 2. You are the "psychological parents." Severing that bond now to place him with a "stranger" (the birth mother) could cause Attachment Disorder and long-term emotional trauma.

Action: You need an Independent Social Worker (ISW) or a Child Psychologist to assess the impact of removal. The LA won't pay for this, so you might have to ask the Court's permission to instruct one privately.

3. The C1 and C13a Forms
Your solicitor is right. You need to file these immediately.

Party Status: By filing these, you are applying to become "Parties to the Proceedings." Without this, you are just bystanders. You need to be in the courtroom to cross-examine the social worker on why they think it's safe to move a 2-year-old to a mother with a history of abusive partners.

The "Statement of Facts": In your C13a, do not be emotional. Be forensic. List the dates of the mother's previous relapses. List the police reports regarding her abusive partners. Force the Judge to look at the pattern of risk, not just the last 6 months of sobriety.

4. Legal Aid (The "Money Pit" Warning)
To answer your question: No, you will almost certainly not get Legal Aid.

Foster carers contesting a care plan usually have to self-fund.

Exception: Sometimes, if the child has "Exceptional Case Funding" needs, or if the LA previously supported the SGO, you might argue the LA should contribute, but don't count on it. You are likely facing a bill of £10k–£20k if you take this to a contested Final Hearing with a barrister.

5. Can you contest the LA's decision?
Yes. The LA does not decide; the Judge decides.

The LA makes a recommendation. The Judge makes the Order.

Judges often disagree with LAs. If you can prove that the risk of the mother relapsing (given her history) + the trauma of removing the child = Significant Harm, the Judge can overrule the LA and grant the SGO to you.

In Summary
The LA has "flipped" because the mother passed a test. They are looking at a checklist, not the child.

You must represent the child's attachment.

You must highlight the "Recurrence Risk" (addiction recovery is fragile).

It is a fight between "Good Enough Parenting" (the mother) and "Best Interests/Stability" (you). The law leans toward the mother, but the welfare of the child is paramount.
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For full transparency, I am not an official adviser for this forum. I am a parent who has been through the legal system, offering strategic guidance based on lived experience. The information I share is for guidance, and it is always up to each parent to decide what is right for their own situation.

[Suzie, FRG Adviser]

This does.sound harsh on the face of it but hopefully I can explain. My wife and I have been foster parents to the child since 2 days old( now nearly 2) only viable parent was mum but she failed 2 assessments and we choose to get a SGO for the child we belive we can offer a much more stable life secure and very much loved by all our family we have become very emotionally involved and were given the likelihood this would go through with no problems with the LA blessing. As time.has gone on mother has been able to.be assessed for a third time as has reduced her alcohol intake and refrained from taking drugs the LA has now given a positive assessment and have it seems dismissed are application or put to one side as a contingency the SGO and back the child going back to mother . We are devastated. We dont believe this is in the best interests of the child at all his mother has no support systems in place still drinks alcohol and could relapse into drug use again and unfortunately has a history of abusive partners, we are terrified the child will be neglected. We have sw a solicitor they advised us to submit 2 forms into court ,
C1 and c13a stating our SGO intentions, which we will do but we.dont understand why our SGO application which did.have a postive out come they just needed clarification on how contact would work with dad, the SGO was never rubber stamped.
Is there anything else we can do, can we contest the LA's decision and could we get legal aid to.do this?
Any help would be very much appreciated by us all.

Dear Carer5200

Thank you for your post on the parents’ forum. My name is Suzie, online adviser at Family Rights Group.

I will respond to your post on this forum but suggest that you join the kinship carers forum as that is the best forum for you to get support and advise from persons who may have been in a similar situation to yourself.

It appears that there are ongoing care proceedings relating to the nearly 2 year old child you have been caring for as foster carers since she was a couple of days old. You now wish to be long term carers for her under a special guardianship order and have, it seems, had a positive assessment with the proviso that issues relating to contact with father needed more work/consideration.

Understandably, you and your family have formed a significant bond with the child and have decided you wish to continue caring for her/him and put forward your proposal to children’s services regarding a special guardianship order which was accepted and the assessment carried out. In the intervening period the child’s mother has it seems engaged with services and at her third attempt had a positive parenting assessment. This outcome, from your point of view is, I suppose, good for mother but not for her child, as you have reservations about mother’s ability to maintain her sobriety and the possibility of the child being neglected in her care. These are genuine and valid concerns for the child you have cared for all this time and formed an emotional attachment to.

In your post you describe the child’s mother as a stranger, does she not have contact with her child or has the child never been told that the person is her mother? It would be unusual for a mother to have no contact to a child in foster unless that decision was made in the child’s best interests.

During care cases, children’s services will consider family members or friends (including in foster carers) who put themselves forward as possible long-term carers if parents are unable to care. Parents will be given the opportunity to address the concerns that led children’s services to be concerned about their ability to safely care for their child.

I understand your concerns, but special guardianship orders (SGO) are never ‘rubber stamped’. It will be for the court to decide considering the welfare of the child as its paramount consideration what the long-term plans will be for the child. Children’s services put forward their recommendation but there is also a children’s guardian who considers the child welfare and make recommendations to the court about the best long term arrangement for a child.

Where a court is considering whether a child should be adopted the principle of ‘nothing else will do’ is important. This is where all possibilities have been considered and family members or others are assessed negatively so there is no one in the family network able to look after a child. The court would, in those circumstances, give permission to children’s services to find prospective adopters who would themselves have gone through very stringent assessments.

As you are clearly passionate about caring for this child and worry about the impact of a change in his/her living environment on emotional wellbeing, I suggest you consider the advice you have received from your solicitor and make an application within the ongoing case. You may find the information in this advice sheet about applying for a special guardianship order in care proceedings helpful


Here is information about care (and related) proceedingswhich you may find helpful to understand the court process better.

I hope you will find this information useful. Should you wish to discuss your situation more with one of our experienced advisers, you can telephone our free confidential advice line on 0808 801 0366. the advice line is open from 9.30am to 3.00pm Monday to Friday (excluding Bank Holidays)

Best wishes

Suzie