baby in foster care, do i go to court?

[dellie_4eva]

my baby boy has currently been in foster care for around a 3 weeks. he was placed with my sister but she couldnt carry it on,

about the situation:
on 21st jan my ex (babies dad) broke my little boys arm. he lied about it, said he did it in the cot. about a week later he admitted to doing it and has said a few stories on how it was done (we broke up as soon as he admitted it and i havnt let him back since), i wasnt in the room and took him straight to hospital so only person who knows what happened is my ex, i have had a PLO meeting where they said i am to do 6 week parenting assessments to make sure i can keep him safe and provide for him. saying that there is an option to take it to court and my solicitor said he thinks i will get him back that way as social have no real evidence to keep him away from me. saying that he said he doesnt want to take that route but sitting waiting around for my assessments is killing me. i just want my baby back where he belongs

the reason for parenting assessments are that he has had a few trips to hospital for bruising (these didnt look like anything we could possibly do, like tiny cat scratches under the skin on bottom of his arm) they are taking these into account with the broken arm.

i have my first assessment next wed and will be once a week untill they are finished. i will also be assessed on my own aswell.

my question is do i go to court and fight that way or is it best to keep social on my side and do the parenting assessments. they just seem to keep taking there time, they spoke about doing assessments when he first went with my sister

im sorry if that is all a bit of a muddle, my head isnt in the best place right now

please feel free to ask any questions to help understand the situation better

[ange301126]

Dear dellie4eva,did the CS get a court order or is the baby in voluntary care?

[dellie_4eva]

it under sec 20.

more information came to light and i got arrested this morning and am now on bail.

turns out my son has an old fracture to his leg, this wasn't picked up first time around when they checked for old fractures, something seems very odd and im not sure what to believe, my son was standing with support from the age of 5 months (October) and they say the fracture happened between nov and jan. he never stopped standing..i would have noticed this as it all he ever wanted to do so it completely thrown me as to where they got this information from and why it didn't get picked up in the first place.

does anyone know where it will go from here..i was looking at getting him back after my assessments as long as they are positive and this clearly wont be the case no more. im completely heartbroken & terrified as to what is going to happen.

[Suzie, FRG Adviser]

Dear dellie_4eva

Welcome to the parent's discussion board.

Due to the complexities of your situation can I recommend you seek urgent legal advice via http://www.lawsociety.org.uk to help you at this time. You may find our advice sheets on parental responsiblity and when your child isaccommodated also useful to look.

Best Wishes

Suzie

[ange301126]

Dear dellie4eva,
You have parental responsibility and you should protect your son from harm. Who advised you to sign the S20 voluntary agreement? They did not consider his best interests. A child is always better off with natural parent/s when possible. You cooperated but the key social worker has dragged his or her feet. You can’t be accused of non-cooperation. Your solicitor has advised you that the CS have insufficient evidence to remove. Tell him to ‘take that route’, you wish to retract the S20 in the child’s paramount interests. You won’t be delaying due enquiries. It has the option to apply for a court order.
You are cooperating with the Law; so should the CS and any statements they make must be realistic and based on facts after full consultation with you and your advocates. To ensure correct legal guidelines are followed, I advise you to have a friend or relative at all meetings and home visits etc. Keep a record of everything said. Keep copies of written communications. You are also able, if you like; to record all conversations you have with the CS for your own use. You have a right to do so. It will encourage them to follow due procedures correctly. If it comes to it, you can apply to the Court for permission to reveal the tapes. This will help to prevent them from misquoting you and giving unlawful evidence. If the CS acts correctly, you will be okay but you are wise to take precautions. Should the CS appear not to be following procedures correctly in anyway by denying you your rights, if in doubt why not ring the FRG helpline for on-the-spot advocacy in front of the social worker, if necessary? It is very difficult to tackle rights abuses alone; the CS will accuse you of non-cooperation.
If the CS doesn’t take court action, they may devise a child-care plan. Don’t sign it without advice from this forum. Say you want a day or two to think about it.
Problems will only arise if the CS fails to follow procedures correctly. If that happens you should instruct your solicitor to inform the Magistrates immediately. It will only be the case if the CS lacks ethics and I hope it will not. I would be remiss not to warn you the possibility exists. We know that injustices are commonplace. The LGO has highlighted them.

Criminal enquiries and any case arising from them are entirely separate from any civil case. You will have a different solicitor representing you. If the Police have factual evidence that you have offended, they must charge you and take it to Court. If they don’t, there aren’t any relevant facts. If they do, you are innocent until proven guilty. It is not the CS’s job to remove children on the basis of allegations and innuendo. The onus is on the Court to protect your child in the interim, if necessary, after consideration of the facts. It can gaol you or impose bail conditions. Currently, I believe you are on Police bail. Not a problem. Your son can only be removed from you by order of a Court. You believe the allegations are unrealistic. If you claim you noticed no pain or fracture (considerable swelling) and neither did doctors and nurses at the time then there seems to be little they can blame you for. If you didn’t do it- and you weren’t aware anybody else had – plead not-guilty if charged and opt for a Crown Court hearing. Surely in law any CPS or strategy meeting should be postponed until all the facts are known. Ask both solicitors and the FRG.
Take up your option to be given copies of Police interview tapes. The CS may wish to merge its enquiry with the criminal one. If asked to grant the Police permission to reveal antecedent reports, FWIN notes or tapes to the CS, you have a right to refuse. Tell them you would rather they wait to see the outcome of Police enquiries and any decision by the CPS or a Court if you are charged. Put your solicitors on to them if need be to ensure your right.
Finally, make good use of your thread on this forum. Use it to record all that happens. Suzie and other parents will give you advice if they can. Use it daily and in the future, you will have a note of everything to look back on as and when the case develops.