Care proceedings, applying for party status.

[feistymama75]

The local authority has issued care proceedings in relation to my two nieces. The first hearing (CMH) was two days ago and the Judge is apparently writing us a letter telling us to put in an application for party status and for an independent social work assessment within a deadline of 4 weeks. The father stated at the hearing that he does not consent to us being made parties, the mother does as we are her first choice of permanent carers. We should receive this letter next from the Judge next week as the LA wanted to write it but the Judge has insisted on doing it herself.

We do have solicitors but no CLS funding as yet as not parties so I am going to draft the application for party status myself. My question is about the application for an independent social work assessment. Would I need to identify a specific ISW myself or do I just ask the Court for an ISW to be instructed? Once we are made parties I am guessing we will be awarded CLS funding at that point as I know we qualify from a financial point of view. I am anxious to get on with drafting my application as the dates for the final hearing haven't been set whilst they are waiting to see if we make our application for ISW and to be parties. The LA wanted the hearing date fixed and set for 3 days and the Judge was adamant that it needed to be 5 days if we are to be parties and she was adamant that we must be given a chance to put our case forward due to our significant relationship with the children.

This is slightly out of my comfort zone but are the local authority not biting your hand off to take over the care of your dns? Usually family members are the first people who are looked at. My experience is usually social care are the group pushing for party status for suitable family.

I think isw are usually court appointed but would stand to be corrected on this.

If your solicitor is applying for you the Court will expect them to identify possible ISWs, timescales, costs etc

If you're applying yourself the Court is more likely to lean on the other parties to help identify an ISW if the Court thinks there should be one.

Once you have party status you will get funding provided your solicitor can satisfy the LAA in terms of both means and merits.

We failed the viability but we know we have an excellent chance of passing an ISW as the viability was bizarrely overwhelming positive and the negatives we have dealt with appropriately in the past and can prove this.

Thank you both for your help, I will get on with drafting the application now and finish it off when the letter comes from the court.