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Legal matters

Do I need to attend?

4 replies

Adoptingachild · 12/01/2017 14:36

I'm actually posting on behalf of a friend.

In relation to an ex-foster child of hers, she was asked to write a statement for the social workers about this particular child and a matter that happened. There is more to it however the case is going to court and the social worker has said she needs to attend court to give her statement.

She has not been summoned to court and has never given a formal statement to the police or cps. She has told the social worker she does not want to attend as she is petrified as this ex-foster child and their family live local so she does not want any comeuppance.

The question is, does she HAVE to attend when the case goes to court (in under 2 weeks time)? The social worker just keeps saying yes she has to go....

TIA

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Ilovecaindingle · 12/01/2017 14:41

Unless she has had a letter from the court saying she has to attend then then she doesn't have to. A sw wouldn't have authority to give such an instruction I wouldn't have expected.

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MrsBertBibby · 12/01/2017 14:57

Is it the criminal court, or the family court?

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Adoptingachild · 12/01/2017 15:30

It's a Family Court. The information (I have just received) is that she was told the following:

"Further to the Issues Resolution Hearing today [in December] you have been directed to attend the on the second day of the final hearing in order to give oral evidence."

Thanks again.

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MrsBertBibby · 12/01/2017 15:39

If she's a regular foster carer for that local authority, then there may be contractual consequences if she doesn't show.

But generally speaking, you can only be made to go to court to give evidence if served with a witness summons.

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