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Has any one took on the local authority social works on in court and won

(32 Posts)
nattygk Sun 21-Aug-16 19:25:49

Hi I'm a mother whom hasn't had my daughter in my care for over a year due to social services using my learning disabilities mental health and my fibromyalgia against me. I have found the social worker to be rude bias and broke confidentiality by sharing information to a 3rd party I've fighted them for months on end and exhausted the complaint procedure the thing is that the local authority are lodging a petition in court for a permancey order under section 80 of course I've apposed the order and I'm asking for my daughter to be returned to my full time care I'm not the monster they are making me out to be Yes I made a mistake but only cause I was under so much pressure and was getting abused by my family whom I have no contact with can anyone advise what my chances are

IndecisiveLife Sun 21-Aug-16 19:30:07

What was the "mistake"?

AntiqueSinger Sun 21-Aug-16 20:42:44

Sorry but need to know more. Could you provide more detail? It certainly seems as though you've had a lot to deal with and living with fibromyalgia is difficult.

Sorry no first-hand experience, but I did hear a woman (on the radio) recounting how she got her son back after SS described her as being mentally unfit (she had suffered from bipolar depression) she got medical reports together, hired an expert witness in her condirion and hired a private law firm to fight her case. However I'm thinking that you may not have availability of funds to do thissad. But some lawyers can at least advise pro bono.

JudyCoolibar Sun 21-Aug-16 20:50:00

Have you got lawyers? I think you get legal aid automatically for care proceedings.

nattygk Sun 21-Aug-16 21:10:53

The mistake was I was wrongly charged with assault on my daughter I'm appealing against the conviction as the court said that it was unfair as I was itergated by the police and because of my learning disabilities and mental health problems I didn't have the right people put in place there should of been a social worker and a lawyer Whitch I wasn't giving so that part of the evidence had to be chucked out

nattygk Sun 21-Aug-16 21:12:40

I'm apealing agaist the legal aid as it was wrongly calculated

User545454 Sun 21-Aug-16 21:12:53

Depends what mistake you made. Do you currently have supervised access to your daughter?

User545454 Sun 21-Aug-16 21:13:29

So you didn't assult your DD?

IndecisiveLife Sun 21-Aug-16 22:01:48

You said you made a mistake?
Are you now saying they accused you of assaulting your DD and you,in fact, have made no mistake?

fastdaytears Sun 21-Aug-16 22:03:45

If you were wrongly accused then what was your mistake?

SharonfromEON Sun 21-Aug-16 22:05:11

Was the mistake you assalted your DD or that you were charged and procedure not followed ?

nattygk Sun 21-Aug-16 22:15:40

Both i was charged and police didn't put the relavent things in place that was the mistake so I've completed to the police commioner

nattygk Sun 21-Aug-16 22:18:11

No I am not getting contact with my daughter as the social worker is being a cow saying that my daughter didn't want to see me also my daughter didn't sustain any injuries so why was I charged there's a difference between giving them a smack to beating them

SusanAndBinkyRideForth Sun 21-Aug-16 22:20:08

So did you assault her?

AnyFucker Sun 21-Aug-16 22:20:25

Erm...

Lj8893 Sun 21-Aug-16 22:22:32

Sorry to hear all this, it must be really difficult for you.

However, I don't think posting on a public forum calling your social worker a cow is the right way to go about this.

Hope somebody can give you some good advice.

BaronessEllaSaturday Sun 21-Aug-16 22:24:00

How old is your daughter?

Lacystacie Sun 21-Aug-16 22:24:41

Well it must have been more than a smack for you to be charged with assault ??

angeldiver Sun 21-Aug-16 22:25:57

How old is your dd. If she's saying she doesn't want to see you, do you think she's scared of you?
What do you think is best for your dd?

eyebrowsonfleek Sun 21-Aug-16 22:27:11

People can be abusive without leaving a mark OP.
You don't know whether or not your dd said that she wanted to see you.

catchthetide Sun 21-Aug-16 22:29:51

In my experience social services don't take children into care without every correct reason. In fact, it's bloody difficult to get them to take children into care full stop without SIGNIFICANT reasons, usually over multiple incidents and a prolonged time.

I am sorry for your difficulties but rather than blaming them, you need to consider your own faults that caused them to remove your child. The parents who start with their faults and genuinely give everything to change themselves do get their children back.

Change is unfortunately extremely rare though.

TearingDownTheWall Sun 21-Aug-16 22:38:40

nattygk, it is of course possible to fight the recommendations of a local authority child protection team however you need to be very focused and really listen carefully to their concerns. Don't dismiss them or assume they are against you - they are approaching their decisions based on your child's best interests. You need to work with them not against them to achieve a positive outcome.

I would recommend looking at the linked 2 sites. This one childprotectionresource.online/ explains the process fully and will give links to support. This survivingsafeguarding.co.uk/ is a blog of a mum who lost her children and turned her life around in order to overturn the care/adoption plans. She gives excellent, clear advice on how to understand the issues being presented and resolve them. Both make clear that you need to recognise the issues, deal with them, make the necessary changes and sustain them.

SharonfromEON Sun 21-Aug-16 22:39:35

Reading between the lines..It seems the technicality is what you are grasping too..

For reasons we are unaware of you were interviewed and seen to be sufficient evidence for the police to charge you..You may not of broken her bones but sounds like there was evidence for you to be charged.

The fact your DD does not want to see you seems to be supporting this..

Why do you think your DD doesn't want to see you?
How old is she ..Is she old enough for her views to be taken into account

Benedikte2 Sun 21-Aug-16 22:41:55

Your chances don't look good from the facts you've given here.
The Social worker does not make the final decision to go to court.
The Local Authority's solicitor has to agree that there is sufficient evidence and the Independent Reviewing Officer will have recommended it and the Children's Guardian. You will have been invited to the regular review meetings and have received reports about your daughter's progress in care and the reasons why the Local Authority believes she should not return home.
Was a report or assessment regarding your parenting ability requested from an independent doctor or social worker?
Were you offered or did you request parenting classes, or help for issues that were identified as being a problem for you?
Unless something has really changed since your daughter was taken into care then you have a difficult case to argue.
The standard of proof regarding the assault on your daughter is different in the Family a Court from that of the Criminal Court system so even if you were found not guilty that does not mean the Family Court would return your daughter if it believed that she was at risk of significant harm.
I'm sorry I do not have more positive info for you. Maybe if you tried to work with the social worker she could help facilitate contact with your daughter. Maybe starting with phone contact?

User545454 Sun 21-Aug-16 22:42:06

Children are removed as an emergency (very rare) or after recommendations have been made and no progress. They wouldn't lie that your DD doesn't want to see you and you did assult her so not sure you'd have a case

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