Care proceedings with no information

[marmitehorse]

Dear All

My son has ADHD and ASD and it has been hell at times looking after him over the past two years. He can be aggressive and have melt downs. We have been told to call the police when he is aggressive even when it is nothing. The last time he bit me and did not leave a mark but we called them as social services state we have to do this.
Over the past 4 months things have improved and he has not been aggressive and has also been going through puberty.
6 weeks ago he moved in with his dad who he has had little contact with and who has been aggressive to him and myself in the past. This did not work well and his father injured him so social services took him under a S20 to residential. I asked for him to be returned as they did not ask me or even contact me and they have now issued care proceedings as they state he is beyond parental control. He has not harmed me, has not got into trouble in the community but is difficult at school. I have been asking for him to change school for 2 years and was turned down. When he is educated in the exclusion unit his behaviour improved dramatically. He has a risk assessment and a SEN but school have stated they can cope with him yet professionals have stated they do not think right place. He has now been excluded permenantly from school due to silly behaviour where he was not supervised as per the risk assessment.
There was a child protection conference convened however they sent our letters out with the wrong date and we turned up at the wrong time but they still went ahead with the conference which ended up being one sided. I emailed them and they apologised.
I received a care proceedings letter dated 26th June by email and then a hard copy in the post 4 days later with a different date. I have appointed a solicitor who has not spoken to me yet as she only got the papers yesterday.
The social worker has not told me the grounds of care proceedings as she has had no contact with me and I only found out when the solicitor emailed me yesterday.
It states that they can see I love him very much but that he is out of my control and a risk to me and they state that I do not take the risk seriously. He is not a risk to me and better than a lot of teenagers. All I have stupidly done is ask for help. They state that they have given me the maximum amount of help yet we questioning what this help is as they have suggested but not followed through. They also state acrimonious relationship with father as cause but I have never stopped my son seeing his father as the social worker tried to set this up last year and he was abusive to everyone. his father turned up here the other night and forced his way in and yet they are still saying this is my fault in some way.
I am so desperate for advice as my solicitor has not been able to talk to me as there is no court date set yet.
Has anyone else been through this as I am unable to sleep at the moment and just so upset. It is hanging over all our heads.

[Suzie, FRG Adviser]

Dear marmitehouse,

I am sorry to hear that care proceedings have been issued in respect of your son.

You seem very surprised that this step has been taken and I wonder whether you were warned that this might happen if you withdrew your consent to your son remaining in care?

Before care proceedings are taken (unless there is an emergency), I would have expected children services to have followed the pre proceedings process (public law outline)-setting out their worries and what you can do as a parent and what support they would offer to you to help your son remain within your family with the hope of avoiding the need to go to court.

The first section of our advice sheet on care proceedings
outlines the pre proceedings process. I think you would find it helpful.

When children are "looked after" in the care system, children services owe duties to them. This includes preparing a written care plan for your son telling you how his needs (emotional, educational, health contact with family) will be met. You sons care plan is reviewed at a looked after children's meeting on a regular basis. The meeting is chaired by an independent reviewing officer. See pages 17 onwards of advice sheet
Duties to children in the care system

What are the plans for contact with your son? While he is "accommodated"-no court order having yet been made you-children services should be promoting contact between your son and the rest of his family unless it is not reasonably practical or consistent with your sons welfare.

Please see our advice sheet about contact with a child who is accommodated

I hope these advice sheets help but please post back if you have any questions.

Best wishes,

[marmitehorse]

Thank you for your reply and I was extremely shocked. I did not sign a S20 as they did not even ask me and in fact they told me there was nothing I could do just accept he was going to a residential home 3 hours away. I had no contact from SS for 6 weeks while my son lived with his dad. I phoned the duty social worker who told me everything and my rights. The next day due to a complaint email I sent they visited me and told me if I did not sign the form they would start care proceedings. I then received an email just stating the local authority will be starting care proceedings and take this letter to a solicitor no other detail. I waited two weeks for the court papers and the details on their application. We have a court date for next week but my son has been appointed a guardian who is on holiday and might not get time to see him prior to court. The child protection meeting was held 3 weeks before this which we were unable to attend as they gave us the wrong date and time. I complained by email and to date have heard nothing. My son has improved a lot in my care and then they took him of his medication in April with concerns for his health. His behaviour escalated in terms of silly things and this is what they are going on. They want to put him into a care home 365 days a year. I think this is appalling as I have had no respite for years and no proper help and for two years I have been requesting that he change school as he has a SEN. I was told that he could not change school as we were turned down for apartaid funding however I found out today the application was never submitted by the social worker even though it is minuted as having been applied for. I believe most of my sons behaviour is his stress from school and when he attended a course for 6 weeks was a totally different person. In a report from CAHBS and in the care plan there are recommendations of help that he needs but nothing has been done.
I am desperate to get my son the help he should have and not to lose him as he is extremely upset but I can't believe that the authority do not have to follow their own procedures and that they are so sure they will get their order. I have had no support and at the moment can think of nothing else. The only thing I am grateful for is that they are not accusing me of abuse.

[Suzie, FRG Adviser]

Dear Marmitehorse

Thank you for posting again. You have set out a number of issues in your post in relation the the lack of support you received for your son from Children Services

It appears that you were asked to sign a s.20 agreement and because you did not, Children Services had no alternative but to apply to the court for an order if they wish to share parental responsibility and make decisions about your son if they consider him to be at risk of harm.

As you now have a solicitor to represent you it is important that you inform your solicitors of the lack of openness on Children Services’ part in the process leading up to their application.

You have already been sent our advice sheet relating to Care Proceedings and you will see from page 11 that if Children Services believe a child is at risk of harm they can make an application to the court. They do have to follow procedure and if they have failed to do so then your solicitor will make this known to the judge at the court hearing.

Now that the case is before the court, the Guardian who has been appointed for your son is there to be his voice and to inform the court of what is best for his welfare. The Guardian does not have to agree with the plans the Children Services have for your son but if thought to be best for him then he/she might agree.

The court case might give the opportunity for your son’s needs to be looked at properly and Children Services will have to provide a care plan for the court setting out what they think should happen and why. The court main consideration will be your son’s welfare and whether the plans are the best for him.

I suggest that you make sure that your solicitor has all the information you wish the court to be aware of so you can get his/her advice.
I hope this information will make things clearer for you. However, now the matter is in court your solicitor will be the best person to advise you as they will have all the information relating to the case.

Best wishes,

Suzie

[marmitehorse]

To add to my terrible experience yesterday my son met with his guardian and solicitor.
He was accompanied by my 19 year old son.
He was very clear in what he said and the answers he gave and his solicitor left him saying he would be able to instruct a solicitor himself
Today I have spoken to my solicitor and at the meeting of advocates a very different story was told which I find very upsetting. Surely the guardian has to tell the truth.
My son has today asked to instruct his own solicitor and they have stated that he cant because of his condition autism. He 14 and is extremely articulate, communicates well and understands at a level of an adult. They feel it might be stressful for him.
He also requested a meeting with the judge- again they have said this would be too stressful for him.

The chairman of the child protection conference actually lied on his statement to court as we had recorded the conversation and only wish we had recorded the meeting with the guardian.

I really do not understand how professional people can actually lie
Is there anything we can do or is it a case of rolling over and dying

[Suzie, FRG Adviser]

Dear marmitehorse

I am sorry that you are still finding the court process frustrating.

In your post you say that your son wishes to instruct his own solicitor. It is sometimes possible for a child where he or she disagree with what the Guardian is proposing to the court on their behalf to ask to be separately represented.

Where the child is considered to have the maturity and understanding to make decisions and able to understand what is happening. The solicitor for the child should take instructions from the child rather than the Guardian. If this happens the Guardian will still report. Both the solicitor for the child and the Guardian has to consider whether it is in the child is capable of giving independent instructions and to be separately represented.

A decision has been made, with which you disagree, that due to your son’s autism it is likely to be too stressful for him to be separately represented. If your son has a doctor or other professional who understands his condition is able to say whether or not he could cope with instructing a solicitor in court proceedings, it might be helpful to ask them to give an opinion. If your son wishes, he could write a letter to the Judge to explain how he feels. It is possible for the Judge to decide whether or not to meet your son.

As you are worried that your son’s views are not being taken into account, you could ask your own solicitor to bring it to the Court’s attention that you are concerned that your son's voice is not being heard.

You may wish to contact the National Autistic Society 0808 800 4104 who might be able to give you more information about whether your son can cope with the cope proceedings or will find it too stressful. I have included a copy of our advice sheet relating to care proceedings for your information.

The National Youth Advisory Service (NYAS) 0808 808 1007 or Coram Voice 0808 800 5792 may also be able to give you additional advice. Both organisation offer support to children who feel their voice is not being heard

I do not think it is a question of ‘rolling over and dying’ but it is important that you understand the process and instruct your solicitor about what you think is important for you and your son.

In your post you ask if professionals should lie and the answer is clearly no but there may well be differences of opinion.

I hope you will find this information helpful. If you do wish to speak to an Adviser you can telephone our advice line on 0808 801 0366 Monday to Friday.

Best wishes,

Suzie