Maypole I agree with you that the system has many flaws. However sws cannot remove a child from its family unless they can evidence in court that at the time of removal the child was suffering from significant harm or likely to suffer considerable harm. The likely bit is to cover cases where eg parents have had 2,3 whatever children already removed and there has been no change in their lifestyle (maybe drink/drugs) and so the baby can be removed at birth, rather than having to go back to bps and sws wait for baby to be neglected/abused. There are many other reasons but that is just one of them.
Are you saying Maypole that you have had a "short term" placement for more or les 7 years? If so this is shocking and a decision should have been made a long time ago, because as you say a young child has far more chance of being adopted. What is the care plan for this child, IF there is one?
You mention only some children being removed from parents and others left with them. I can honestly say I have never heard of this. Either parenting is good enough or it isn't. Makes no sense to leave some of them at home, unless of course they are over 18.
I am a little puzzled by your comment at what you have heard in LAC reviews about these situations, because you would only be present at the LAC review of your own children in placement, unless you are on the fostering panel as a foster care member - is that the case?
You have mentioned before about the birth parent's needs coming before anything else, and I can see why you think that. However (and I've probably said this before) is that come the final hearing, when the bps are legally represented, then their lawyer will try to pick on any single thing where the LA have not "gone by the book" i.e. followed the legislation. The issue about contact is one that bps lawyers love to pounce on, because the legislation states that contact must be promoted until the final hearing where the child's future is decided. If the bps said they couldn't afford the bus fare, their lawyer would go for the sw and ask why was finance not made available, and would strart to weaken the LAs case. This is the reason Maypole, not because the sws are bribing them to go to contact. It's so that all the eyes are dotted and Ts are crossed.
It isn't a case of bps dictating what they want. Lawyers (and they will get legal aid in most cases) will make them aware of their rights and I can't argue with that. As far as "stalling procedures on adoption" is concerned, the only right the bp has is to oppose the LAs application for a Placement Order at the final hearing. This Order "frees a child for adoption"
I know things get very dragged out for months and even years and I do think things should be speeded up but of course each case is different and some are more complex than others.
I agree with you that many children are most probably left in abusive situations when they should be removed. I think this is changing though becasue since the publicity surrounding Peter Connelly, the applications for Care Orders nationally has risen by 50% which means that social workers are giving up on supporting the family (which again is a legal duty) and removing children and getting the matter before the Courts.
I know it looks easy from the outside, but honestly it is a very complex business and rights of parents have to be balanced against the need to protect children, and the first duty of the sw is to do everything they can to keep the family together, and yes this goes on far too long in some cases.