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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Section 7 report..

12 replies

Pebbledashery · 17/08/2021 10:50

Hi all. Sorry to post here, I didn't get much traction in legal.
Has anyone ever experienced an independent social worker being instructed to author a section 7 report? Ex is trying to force a request for an isw to do the section 7 report because he believes cafcass have been biased, as well as this he doesn't want the local authority doing the section 7 due to prior involvement that led to us fleeing domestic abuse..
Can anyone advise on the likelihood of an independent social worker being ordered to do the section 7?

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Ostryga · 17/08/2021 10:53

Honestly every time I read your threads op I wish your ex would just get hit by a bus. It’s awful that he won’t accept how fucking horrendous he is.

In my limited knowledge he can instruct who he likes to do one, but the court ordered one is the one that matters and the only one to be used in court. So if they’ve asked your past local authority to do one then that’s the one that will be used.

I’d let him try to go to court about it because the judge is going to be questioning exactly why he doesn’t want the LA to do it. He’s shooting himself in the foot here. Let him!

Pebbledashery · 17/08/2021 10:56

The judge has already provided written judgement in that he anticipated the former local authority should do the section 7 due to their involvement.. My counsel said if the local authority don't do it then it'll go to cafcass. He's using the excuse that an independent social worker would provide a "fresh pair of eyes"
Feel really scared about it. My solicitor said it's very unusual for an isw to do the section 7 and they have to be jointly instructed... Honestly don't know what I'll do.

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Getawaywithit · 17/08/2021 10:57

I’ve heard of it being ordered, I think to bypass long waiting times with CAFCASS when someone is trying to move/leave the country and has a job waiting, for example.

If you have a documented case of domestic abuse with Social Services involvement it is hard to imagine a judge would order yet another report. If it were to happen, your ex would need to pay for it and I guess you would need to assure yourself of qualifications and experience. An independent social worker may not have the background Social Services and CAFCASS have but that doesn’t stop you telling them and them being able to speak with both CAFCASS and social services.

I would try not to worry on this one. Sounds like everyone involved has his number and he is clutching at straws to try and get what he wants.

itsgettingwierd · 17/08/2021 11:00

Hopefully those involved will ask why the situation needs a fresh pair of eyes.

Because that so clearly reads that he wants to delete the history at best or have it re written at worst.

And it sounds like they already have and have accepted evidence of the past so will be hot on his reasoning.

SpaceBethSmith · 17/08/2021 11:00

I second him being hit by a fucking bus.

Hopefully the Judge will take a dim view of him trying to escape what he did to you both and will instruct your old LA to do the S7.

Pebbledashery · 17/08/2021 11:03

This is exactly it. He wants to delete and rewrite certain parts of what has happened. We've had multiple issues with ISWs and I wouldn't engage with another. Just feel a bit anxious about it. Spoke with my Counsel after and he said our position is more attractive. He can't give me false hope but we're asking for something that can be done, it's not like we're asking for the impossible.

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Ponoka7 · 17/08/2021 11:04

Judges and LA SWs are used to these tactics. This won't be paid any credence. He's making himself look even more unreasonable and showing that he has no awareness, so no will to make changes. Him doing this is going in your favour. He isn't just trying to discredit you, but every professional involved in the case. He'll start on the judge next and that will go well.

Pebbledashery · 17/08/2021 11:14

He wants an isw to do the section 7 because he feels the local authority and cafcass are biased towards me because they have reported that domestic abuse took place. There is categorically an ulterior motive as to why he wants an isw.

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daisycottage · 17/08/2021 11:47

The judge will take a dim view of it and will be used to bullying men using these tactics in order to get their own way. Just because he wants it to happen doesn't mean it's going to happen.

Pebbledashery · 17/08/2021 11:54

If domestic abuse has been proven and found to be true then why would an isw do the section 7.. Surely it needs to be those who can make the best determination of safety for DD.

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Pebbledashery · 17/08/2021 14:20

I'm secretly hoping the fact he doesn't show any remorse, accept what he's done or show any awareness of what he's capable of is going to go against him.

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Pebbledashery · 18/08/2021 14:29

Bumping if anyone can shed any light x

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