[Solved] Hi all im a new newbie

Hi there,

I think you need some legal advice from CCLC about how to go forward.

If the Social Services were as good at their job as they are about getting it wrong, we would have an excellent service! If you have correspondence from them concerning your ex and daughter over a period of time, then I think you have grounds for a complaint against them for failing to inform you that your daughter was placed in care.

I feel that if your tag is only as a result of harrassment and to make sure you didnt go to your ex's address, and was not for violence, then you should at least be able to have contact with your child. The fact that you were on medication a year ago and are now on your feet, shouldnt have much bearing on your situation now either. If you have offered a loving and caring home to your child and have no record of drink or drug problems, then as long as your accommodation is suitable, I dont see any reason why this option shouldn't be considered, perhaps not immediately, but after re-establishing contact with her.

I'm sure someone who can give you more definitive advice will be along soon. Hang on in there.

Hey Marko

Welcome to the site

It sounds like you are having a tough time of it - I definitely feel that you would benefit from some legal advice and the Childrens Legal Centre will certainly help you - there is a link at the bottom of this page.

Just because you wear a tag doesn't make you an unfit parent but you will need to convince many people you can provide a safe loving environment and unfortunately there will be many people who will oppose you.

It will be a long hard battle so ask yourself are you prepared for it and if you are then I wish you the best of luck

Keep in touch and stay strong

I've asked the CCLC and the Family Rights Group if they can advise - I suspect because of the issues involved, the CCLC will want to speak to you directly, so as said above, probably best to contact them directly.

Dear Marko

Thank you for your message.

We would need to obtain some information from you in order to advise you further. We would be grateful if you could contact us to discuss your matter in more detail.

We would need to know how your daughter is in care and whether this is a voluntary agree with the mother (Section 20) or whether the child was removed from the mother's care without her consent.

We would also need to know whether you have Parental Responsibility for your daughter. You would have this if:
• You were married to the mother;
• You are named on the birth certificate and child was born after 1st December 2003
• If the birth has been re-registered after 1st December 2003.
• If you have a Parental Responsibility agreement with the mother;
• If you have a Parental Responsibility Order from the court;
• If you have a Residence Order from the court

Once we have this information we will be in a better position to provide information to you.

You can contact us via our webchat facility which can be found at www.childrenslegalcentre.com and is available Monday to Friday 9am to 6pm.

Alternatively you can contact our freephone advice line on 0808 8020 008 which is available Monday to Friday 8am-8pm.

We look forward to hearing from you.

Yours sincerely

CORAM CHILDREN’S LEGAL CENTRE

Dear Mark,

I am sorry about the difficulties that you have been having with children services (new name for social services). I am also sorry that your daughter has been placed in foster care without first of all consulting you to find out whether you could have looked after her.
Your daughter would have gone into care either with Mums agreement (called accommodation) or by an order of the court (called care). There are important differences and as the CCLC have said you need to find out whether there is a court order. Here are some more pointers as well as the advice you have already been given by the CCLC.

Whichever way (court or agreement of Mum) a child comes into the local authority care system, the social worker should decide where the child is to be placed by the following list:
• First, they must consider a parent or other with parental responsibility.
• Second, with family member, friend or other person who is connected with the child-who would then need to pass a fostering assessment.
• If none of these is available then stranger foster care and finally a children’s home.
Even though you had been in correspondence with the local authority, they failed to notify you of what was happening or consider placing your child with you.

You have done the right thing by writing to them with your details and your wish for your daughter to be placed with you.
I also suggest the following:
• Seek advice from a children’s law solicitor. If children services took court proceedings, then as dad you will be entitled to free legal aid, whatever your income.
• You could also find out from the social worker the name of the independent reviewing officer(IRO). That person’s job is to keep an eye on your daughters care plan while she is in care, chair a meeting to review your daughters plan. The IRO should also make sure that the social worker is carrying out the plan.
• Ask for a meeting with the social worker and the team manager to discuss what needs to happen for your daughter to return home. For example, there would have to be an assessment of you.
• What about having contact with your daughter?-Children services have duties around arranging contact for children they look after and their families.
• If your daughter is accommodated (ie there is no court order in favour of children services) and you have parental responsibility for your daughter, then you as well as Mum can be involved in the decision making about your daughter. It is important that you discuss all your options with a solicitor, or you could call FRG’s advice line, before taking any action.
Please see our advice sheet about duties to children in the care system (number 11) and parental responsibility (number 2). advice sheets

If you wish to discuss further, please post back or you could call our free and confidential advice line on 0808 801 0366. It is open from 9:30 to 3:30 Monday to Friday.

Best wishes,

Hi and thank you for all the good advice, Today I got a letter from social work advising me of a child hearing for my daughter Kim.In the letter it states my ex has willfully exposed kim in a manner likely to cause unnecessary suffering or injury to health, this being an offence in terms of the criminal procedure and an offence, this is because of her many arrests while drunk or drugged in charge of Km, the letter also states that the hygiene in the house wasn't suitable for a young child. charges against my ex are, drunk or drugged while in charge of a child, drunk driving while in charge of a child, smoking cannabis in front of a child, going out leaving a baby sitter and arriving home unable to care for a small child, other charges in this letter where the police have found my ex in no fit state to watch Kim and the police have found an adult to stay and care for Kim. Also in this letter it states the relationship between my ex and myself remains volatile and further episodes of domestic abuse are likely, how on earth can they say this when, I never in the past year tried to be near my ex, I don't want anything to do with her, but they are saying this will adversely affect the emotional well being of my daughter, as I said before I am tagged only to stay away from my exes home and she lives 350 miles away. I will be contacting CCLC tomorrow morning , and thank you all for replying ....... Mark

Mark,

Because Social Services are involved you are better off talking with The Family Rights group who are the experts in situations like this. Their confidential free advice is available on this number 0808 801 0366.

Good luck and keep us posted.

Gooner

Hi thank you for all good advice, just an update since I last posted and before I set off on the 19 hour journey for the hearing tomorrow. My exes situation is much worse now, I have more letters to state that she is now taking drug induced seizures, my concern is that even though this is happening she is still driving and at times has my daughter in the car. The letter stated that both my ex and my daughter are in foster care. My understanding of DVLA rules are that anyone taking seizures should not be driving, anyways I will sort this out tomorrow as it seems the police are attending this meeting. I phoned social services today to ask if when I am there if I could spend a little time with my daughter, they are not sure and will phone me back with an answer. All the papers and proof that social services wanted like bills I paid photos of me and my daughter over last 2 years have been sent, but they say they will decide what out of last 9 months letters and information I sent, will be used. In hearing papers my ex stated I was a drug user and had valium from my G.P I have given them permission to contact my doctor to disprove this, I have never proved positive for drink or drugs and having had a car and a motorbike I have been stopped quite a few times and tested in routine road checks. Oh and just found out that her currant boyfriend has been arrested due to him putting her in fear and alarm so he is due in court soon, this is the 7th guy in a row thats ended up arrested, will let you all know how hearing goes when I get back, take care everyone ... marko

Hi everyone I made the 14 hour trip to the hearing on the 7th they read out charges and my ex had to agree or disagree, she disagreed on 2 things, one being the willful neglect of a child, even though lots of police statements. On the 4th I asked social worker if I could see my daughter and she said she would ask my ex. My ex said yes but 15 minutes before I was due to see her she changed her mind and said no, so I didnt get to see her. I asked the social worker why they had not informed me when my daighter was taken into care, she said the case was new to her and she didnt have information of my address or phone number, despite the fact I had been dealing with same department for 6 months, I would have thought the information from previous social worker would have been passed on, but seems it wasnt. So now they have said they will go to the sheriff court for them to decide what has to happen with my daughter. Also my ex has taken 2 drug induced seizures and I asked if my ex was still driving, they said yes as a drug induced seizure isnt the same as just a seizure so she can carry on driving, I went to the police station and they seem to think a seizure is a seizure and they are looking into this. Many mistakes are being made at social work, wrong dates, wrong years they even at one point had my daughter at 8 years old, when in fact she is only 2, lots and lots of mistakes, so first thing in the morning I will contact my lawyer and take it from there. my exes social worker seems to think my ex is doing well having joined the mormon church and got her self a job, only reason shes working is because all her benefits have been stopped because of benefit fraud, I will keep you all informed and thank you again for the advice you gave me.. Marko

Hi Marko 🙂

Thanks for updating us... I think its disgusting that the SS is making so many mistakes, a childs well being is at stake here...and as for allowing the mother to make the decision as to wether you can see your daughter or not and then allowing her to change her mind at the last minute is incompetent. If I were you I would make a list of all the mistakes that have been made and give it to your solicitor. Perhaps you should think of making a formal complaint. I would even consider going to see your MP about it.

Good luck Marko 🙂

The most ironic thing in all this, given that social services have said my ex needs guidance on bringing up a child, is that my ex is a director and worker of a childrens nursery, I have asked my lawyer how on gods earth has she passed a police check, very disturbing, I told social services and they dont seem that interested, my ex is now making all sorts of allegations about me, as fast as I can prove my innocence she drops that and makes up a new one. I have been emptying boxes of papers and have found minutes of an agreement that myself and my ex made at a lawyers at my request when my daughter was 4 months old, my ex has agreed to me having both residential and non residential contact with my daughter so this being sent to my lawyer too... I also need to get some police reports as many times I have phoned the police because of her violence, even though I was injured I got arrested as she said I shouted at her, I keep you updated ...... Marko