Section 37

[CrazyCatLady159]

Have just had our section 37 report back from SS. I'm devastated.
They're recommending that my dd goes to live with her father full time & for myself to have -
Minimum: EOW & 1 night in week OR
EOW & 2 nights in week

They're reasoning for this is that I am unable to protect her from emotional harm.

I'm beside myself with worry and concern now.

I cannot get hold of my solicitor until Monday, I'm panicking and have been sick, can't sleep. Is there a way to fight this? Do the judges always go with recommendations?
This would be detrimental to my dd who I've had living with myself for 8 years and does even like being away for 1 night with her dad

What is their reasoning with regard to you 'being unable to protect her from emotional harm ' ?

Why did the decision about contact end up in court ?
Have you been negative to her about her father ? Or do you have a partner who is not kind to her ?

It's very difficult to add any kind of advice without more details.
The only thing I can say about a SS report is that the Judge tends to err on the side of the report - as not much point in commissioning a report just to ignore its recommendations.

Is there something you are doing that could be stopped or changed - that you could present at court as a reason not to go with the recommendation?

@Thehouseintheforest

We've been in court ever since my dd was born.
But for this instance, My ex had a domestic incident with his new partner: police were called and they were removed.
I didn't have any other details so went to court to get a prohibited steps order to keep his new partner away - the judge couldn't grant this so granted one against her dad instead. Her dad then didn't see her for 9 months while courts assessed the situation.

No, I've been positive and saying that everyone needs to see there dad, how she'll have fun etc
They contacted the school who said when they speak to my daughter it sounds like she has "adult themes" in what she's saying

Since he's been having overnight contact again, we've been getting along quite well, we're able to communicate well etc

My daughter has stayed throughout every report she "clearly lives with mum" but would like to see her dad more than she does now.

They're saying my obstruction of contact between them both and the history of the processing's that have not resolved contact problems.

I've always had residency and at his maximum time he had 8 nights a month. They're now proposing that I have 8 nights a month visitation and my daughter to live there

Obviously I'll be taking legal representation - but for now I can't eat / sleep

this is the wrong place for you to be asking. Either you'll get reassurance from people meaning well, which will be based on insufficient knowledge of your case so is meaningless, or you'll get slated for putting your child at risk of emotional harm. You need to wait it out and speak to your solicitor.

And yes, the court can go against the findings. Often they get very junior SWs to do the s37 reports. You have to challenge the basis upon which they draw their conclusions (ie have they assumed certain facts that are still in dispute) and their logic in getting to their conclusions.

@Collaborate thank you. They did get a newly qualified social worker to do it.
They have assumed many things without actual facts.

I was unaware if I can challenge the SW report / if cafcass will attend etc but seeing you have said I can helps.

I will contact the solicitor tomorrow but the waiting and the unknown was/ is making me ill so just seeing that I can do something gives me some hope

What you behaviour match with how you proceed with contact will tell the judge what they need to know.
My report was awful and also missed the whole point of how contact was meant to progress. It actually didn't mention it, just stated that I was preventing and he should have more.
Issues was I wasn't I actually asked for a regular EOW and once/ twice a week.
Anyway the judge disregarded it because I had a contact plan to put forward which was reason and that he wanted to delay because he was going to a festival, he currently hadn't had regular contact so the judge told him that he had to come back and see the dc.
The only thing I added that people may not of agreed with was that I would always get Christmas Day unless the dc choose different and he could have the in the evening or and Boxing Day.
Which he agreed because I had been to fair for him to not allow me one extra.
If I was you I would rewrite down you case, leave it a day or so and then read it from an outsiders point of view and see if you are being to controlled with contact.
At the end of the day he is his dad, and as much as he maybe bad or uncaring it is extremely hard for a dc to go the rest of their life's not wanting contact.

Be aware of your own inconsistencies. You’ve claimed in this thread that your daughter doesn’t like spending even one night with her dad but is telling CAFCASS that she wants to spend more time with him. Consider that your daughter is telling you what you want to hear.

@noworlater13 thank you - I hadn't even thought about this. Will do it today before I see my solicitor tomorrow.

@IDontBelieveYou She has always said she doesn't want to stay at his house overnight - but she would like to see him more than just a day a week.
I understand she may be saying what she thinks I want to hear; but she has been saying she doesn't want to stay there for years - she only wants to go for the day / daytime contact.

Listen a child will by default tell you what you want to hear. Just like a 3 year old with have a Tantrum and tell you that hate you. Because they know it will hurt your and it's upsetting.
Contact is for the dc but and it's a HUGE but SS and judges hate conversations that are had with dc and dc said this, because it means that the dc has an understanding of the breakdown in contact and it has caused the problems.

In the nicest way you need to look at it with a clear head, and plan how you end the fight between you both not continue.
I still don't like exh, but for the last 7 years I haven't had to deal with the extreme stress going to court brings or the hate.
I know he's an arse but I also know that when my dc are hurt by him my job is to support them not fight him.
Time will help with this

@noworlater13 - I don't think I explained it very well, sorry, she has said to SS / cafcass that she doesn't want to stay there and only wants to go there for the day. She's been saying it for at least 3 years; Not just to me but she's written it down for them during activities consistently for 3 years.

All I wanted was to know my daughter would be safe when with her dad after the domestic violence incident. courts took months to check this - even though I had offered contact during that time - now that they have said she is safe, I'm happy to send her there and have been encouraging her to have fun and how it will be safe there and myself and her dad have made a plan and we've said if it happens again this is what we will do etc.
We have took steps to make sure we both have a better relationship for the sake of our child and we have been going in the right direction.

He went into the court room and said he wanted residency; which they then started the section 37 - and now we are here - because we have been in court for her whole life.

On the face of what you've said that recommendation is nuts. So either there is a lot more (do you have a partner? Has she witnessed DV in your home) or it's a mad report that you can Effectively challenge. Do you have a lawyer? If not, beg and borrow the money to get one. A good lawyer will pull this to pieces (if it as you say) but if you have to self represent you could come unstuck.

@CodenameVillanelle

No I don't have a partner & no DV in my home at all.
I have one, I'm due to see them next week - I only got the report late Friday and they had closed by then so have sent emails to get in with one next week.

They're basing their recommendations on me not being able to protect her from emotional harm.
I'm hoping my solicitor can use all the previous court orders showing how her dad has done things that prove his house is unstable as is his new partner etc

I think challenging it is the best way forwards.
We had a previous cafcass report which stated she should stay where she is - with me - and that cafcass Officer is coming to the courts with us as well as the social worker who wrote this report.

that's fantastic - they will absolutely want to hear why two social workers came up with such different recommendations. The courts never want to change the status quo unless there is compelling evidence why so there really needs to be for such an order to be made.
I've had to go to court to give evidence on a section 7 that contradicted the recommendation of the previous SW and the judge looked very dimly on the LA for that. Some SWs can overstep the mark for sure.

Op I'm not making judgement just offering from my experience. My dc actually said they only wanted contact in a contact centre as it's the only time he plays with them.
And there was allegations made about his family and their right to be nudist in front of my dc would felt uncomfortable as they didn't know them very well.
But still it is what it is and basic order seem to be made and I only offer you advice because I hope that people can sort their situations as court case are just awful and it caused me in the end nothing but misary

@noworlater13 sorry I'm not great at typing with this atm - I don't want it to come across like I'm being sarcastic - I'm grateful for everyone taking the time out for me

I am recently going through court proceedings with a paternal grandparent and I found the cafcass worker at the court to be very biased too, my ex partner has never attended any hearings or spoken to cafcass, it’s clear to all he is not interested in his children and clearly states on the cafcass reports that he drinks heavy and used substances plus he recently got charged with affray. The cafcass worker said she’d spoken to my ex and he said he can be responsible for pick ups and drop offs to his mother too to which I refused. I feel both of my daughters are more at risk by being with him than the applicant but cafcass recommended he take my elder daughter before so what these people say has to go all by a 20 minute phone call. I wish you the best and you must fight this with the help of a good solicitor.

Just to update:

Barrister said I was challenging the recommendations and the judge allowed it.
Barrister said report was biased, factually incorrect and not done sufficiently, and made by a junior SW.
Listed for a 3 day hearing.
SW called to give evidence

She's confident. I feel slightly better now especially as she has all the evidence ready to show them the timeline of how we ended up here-which shows her biased and lack of knowledge of previous proceedings.

Thank you to everyone who gave advice on the thread