home assessment

[santa fe]

How long does an assessment take for the SW to do so my son can come back home from care?
He is 15 and 16 in September
Or would having the care order discharged under the children's act 1989 section 39 be quicker?
Thanks

[ange301126]

Dear santa fe,
While you are waiting for an answer, can you tell me what s39 says.My children are on a care order til they're 18.Are you saying I have a chance of getting them home at 16. My daughter is 16 in December.

[santa fe]

http://www.legislation.gov.uk/ukpga/1989/41/section/39
this also may be relevant

http://www.legislation.gov.uk/ukpga/1989/41/section/22

http://www.legislation.gov.uk/ukpga/198 ... view=plain

http://www.legislation.gov.uk/ukpga/198 ... view=plain

Discharge and variation etc. of care orders and supervision orders.
.
(1)
A care order may be discharged by the court on the application of
(a)
any person who has parental responsibility for the child;
.(b)
the child himself; or
(c)
the local authority designated by the order

you may be best to seek legal advice also
My judge said last year " X is now of an age where he is flexing his independent muscle and can vote with his feet"
My Brief said he could just pack his bags and move back home and the SW wont be happy and try and get him back to the carer and the police would be loafed to get involved due to his age.

Saying all this he stayed with the carer but is coming home I think in the next few months either to his mums or mine.
Good luck

[Suzie, FRG Adviser]

Hi Santa Fe

If your son is under a full care order then the local authority are under no obligation to assess the possibility of returning him to your care. If they are in agreement that this is in his best interests, however, they could do this in a relatively short timescale. The best way to get a clear answer would be to discuss your questions with your son's social worker and/ or IRO.

Applying to revoke your son's care order is unlikely to be a quicker process than working with the local authority, particularly if there is already a tentative agreement that your son should indeed return to your care. Without revoking the order, however, your son will remain "looked after" by the local authority, even if he is placed in your care. This means that the LA will continue to share parental responsibility for him and should be consulted regarding all major decisions about his care.

I would advise you to read our advice sheet about reuniting children in care with their families

I hope this helps.

Best Wishes

Suzie
FRG Adviser

[santa fe]

Thank you for that
How can he still be partly in the LA care when he 16 and living with me?
Whilst he has been a looked after child he has been in constant trouble something he never was when at home.

Thanks again
very nearly went into rant mode over the LA

All the details will be handled by my solicitor or I will get my son a solicitor