Court Case Friday - Children going in to care

[user1467227699]

Hi Everyone, I'm really not sure I'm in the right place, but let me explain the situation.

Although I am not a parent myself, I have two elder sisters, one of whom has 5 children.

On Friday, she has a court case to consider taking the younger three from her. I don't necessarily see this as a bad thing due to the living conditions the children currently face.

By question however is regarding the middle child, a 12 yr old girl. My sister is claiming the social worker cannot force the child to go in to care. However I cannot believe it is as simple for her as just refusing. I understand they cant physically grab her and throw her in a car, but surely they have ways of controlling the situation?

Could anyone enlighten me, as a google search brings no real help!

Thanks

Try posting in "Legal matters" someone might be able to give you the answer you are looking for www.mumsnet.com/Talk/legal_matters

i may be wrong, and please correct me if i am, but I understood that children over 13 had a say in where they lived and over 16 it was out of the ocurts hands.

Can someone confirm?

I think you're confusing this with children over 12 who can state with which parent they want to live when there is a dicorce happening. If a child has been deemed at risk by authorities, then the child can be forcibly removed.

BUT the child can appeal against the decision...as can the parent...within 21 days.

www.citizensadvice.org.uk/relationships/looking-after-people/children-and-local-authority-care/

Hi I'm a Social Worker and as VioletBam said if the 12 year old is at risk then as a child she would also be taken into care. Obviously her views are considered, but the Social Worker and Courts would not remove younger children and leave a 12 year old at risk. They look to family members to take the children in the first instance also so perhaps if any extended family are willing to take on the children this would be the first option. Hope this helps x