Wife wants step children back.

@kittensinthekitchen well you'd sort of assume he'd need to provide evidence from a reliable source he has been sole carer.

Which will actually be quite hard for him to provide given the school situation, and lack of SW intervention.

Basically it could be his word against hers. How's he going to argue against 'He threw me out and wouldn't let me near my own kids'

Again, I am not familiar with the process, which is why I asked.

So would the mother have been invited to the hearing that was scheduled for the following morning? What if the court couldn't contact her?

I know others have referenced the children not having medical care and or/scheduled vaccinations on a few comments. this may not have been said or confirmed by the OP, it's a really long thread and I've read it in parts over the course of several days.

it is up to the parties to challenge the evidence and present their case to the court.

At the hearing the following morning? That's what I'm asking about, not any following hearings.

I am asking what evidence the court would need to see at an emergency hearing in order to issue what I now understand is called a Interim Child Arrangements Order and a Prohibited Steps Order to legally place children with a person who does not have parental responsibility for them?

It’s not aggressive, care order is a totally different order and is applied for by local authority to keep children from harm.
the court would ask the mother, the tutor. Where is the suggestion that they have not accessed medical care, been to the dentist, had jabs etc?
the court will check what evidence is put in from of them to make a decision and order further assessment. Courts do not check authenticity of emails, texts etc it is up to the parties to challenge the evidence and present their case to the court.

Your response to my question comes off as quite aggressive.
I think it was clear that I didn't know the process - which is why I asked.

And by unrelated, I guess I mean someone who does not hold parental responsibility.

Because the children have not been in school, not accessed medical care etc, what 'proof' that the children have been in the step-father's sole care for two years would the court be looking for? The court would not be able to check the authenticity of emails and or text messages at such notice?

I don’t know why you have quoted me to tell me that. I was the one who posted that exact information on the thread earlier today.

OP’s DSD’s are attending an illegal unregistered school rather than being EHE.

And if the child has never been registered at a school there is no obligation for parents to inform the local authority that they are being home schooled.

Why would it be a care order? It would have been an emergency hearing for an interim child arrangements order and prohibited steps order to stop the children being removed from his care whilst assessments were undertaken. He is not an unrelated career he is their step- father who has been their sole carer for over 2 years under a family arrangement which their mother has agreed to. The risk now is that she wants to change the arrangement and risk their stability, and emotional well being. The court will make a holding position whilst assessments and investigations are undertaken.

Can anyone actually confirm, what would the court hearing have been for? Some sort of temporary care order I assume?
Has the OP mentioned that the wife's alcohol abuse is documented in any way? If not, how can the court be assured of a risk to the children to grant a care order to an unrelated carer?

Where is the justifiable concern ?

The tutor running an illegal unregistered school. That would be the same whether it was the mother, father, step-parent, grandparents, or anyone else posting. Who started the arrangements doesn’t change that.

Not specifically related to the OP’s situation, but you may find it interesting LAs can fine step-parents for non-attendance of their step child when they e.g. the DC are out of school for a holiday. Some LAs only fine the resident parent(s). Some LAs will also fine the NRP too. Some LAs will also fine step parents living with the child if they have care of the DC. And the law allows that.

@TheSilkWorm not impossible at all, rare I admit but if it comes in the morning, mash get lucky with phone calls for info, it could make it to the duty team the same day.
Literally happened yesterday in my team.. call first thing, pretty clear cut referral and no history to consider (as not known) , arrived to me by 2pm, my duty worker went out.

Granted if mash needed further info from police or health it would sit there for days

My response would be no different were it a step mother. And again, report any abuse you see. It won't be coming from me.

In which case both parents are responsible. The OP is only continuing what their parents started. Or did that fact pass you by ?

Where is the justifiable concern ? OP is trying to do the best for these children in the face of the mothers’ inability to cope and getting his arse handed to him here. Some posters are clearly not reading or understanding the OP or the updates and are making up circumstances as they go along. If this was a mother posting the replies would be very different.

Yes we have no idea what sort of education these girls are getting with this tutor.
They might be doing a wonderful job or they could be getting a very questionable one sided education

This brings us to another issue. The sometimes fine line between ‘schools’ and ‘out-of-school settings’ that some settings, e.g. some settings who teach a wholly religious curriculum, skirt to try to prevent being seen as a school. They are not always successful if investigated by OFSTED.

The Schools Bill was never passed. It was scrapped. And the ramifications had it been passed would have applied to more than those EHE.

Good luck

I did hear a couple of years ago they were trying to push for homeschooling families to register that they were homeschooling. I think it was more to do with COVID and the worry of losing children.

The building doesn't matter its the number of hours and the number of children that matter.

We know their are 100s of illegal mainly faith schools in the UK. The issue it trying to find them an get them closed down.

A tutor’s residential property can still be an unregistered school.

A residential property that has occupants living in it with their family is not a school it's a home. It's a tutoring business she is running from her living room or kitchen.

If your child has never registered at a school then they are classed as missing children. They are meant to register that they are homeschooling with the local authority but a lot of families don't know that unless they join the homeschooling community.

There is no legal obligation for parents to inform the LA they are EHEing. See this government guide.

”If I choose to educate my child at home, what must I do before I start? 4.1 If your child has never been enrolled at a school, you are under no legal obligation to inform the local authority that he or she is being home educated, or gain consent for this.”

They are not automatically CME either. As you can see by reading this CME government guidance - ”who are not registered pupils at a school and are not receiving suitable education otherwise.”

As I said, if the SW has not raised concerns about an illegal unregistered school it is negligent. However, not all social workers are aware of the legal definition of an unregistered independent school and it has been known that they have slipped through the net. Dealing with an illegal unregistered school goes beyond dealing with OP’s situation. There are other processes to go through rather than just looking at DSDs’ situation. It is never in a child’s best interests to remain in an illegal unregistered unregulated school.

If it wasn't in the children's best interests to remain with the tutor the sw would have said something. They can through the courts force him to put them in school.

As I said, it wouldn’t change the rules anyway.

How can anyone possibly comment on the SW and her finding when hardly any information about her, the assessment or the finding has been posted? If she has not raised concerns (which may not have been told to the OP since there are official channels to go through) about an illegal unregistered school, it is negligent.