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Parenting

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SGO Court order

3 replies

Sezz101 · 27/02/2022 20:47

Hi, I’m hoping there’s someone out there with some really good knowledge in this area…
My fiancé’s son lived with us for four years and I had been bribing him up alongside his father.. his mother wasn’t involved and had walked away two years previously. My fiancé/his father died in March last year and after one thing and another SS placed him into care in July 2021. I’ve been pushing and driving to have him back home again with me and my two daughters whom he calls sisters and I his mum… he is my son in every way sadly other than Law and biology… late October SS did a Reg 24 viability on me which was positive but he remained in care due to some statements he made about his father, they also started a section 47 due to what he had said about his father.. I told them that although he doesn’t lie, he doesn’t have full understanding of context either and to speak to his school, salt, Pead, a support worker involved with the family and gain a proper understanding of both his father and him and our family as these people worked closely with the family, as I say none of that was carried out they spoke to his birth mother and myself and the put a section 47 in place, before they carried out the REG 24 assessment, even though I passed that they still have contact supervision in place and won’t bring him home under that Reg 24. However SS are recommending that he live with me under an SGO, him, his bio mother, bio sister and bio maternal family all want him to be with me and began an SGO assessment in late November early December 2021… it’s still ongoing now we are I believe in week 17/18 of the process and the SGO assessor is about to write up her report but I’ve recently found out that nothing has gone through a court yet… and normally something would have been put through the court and a judge would have given a date for the Assessment to be completed… Will this add to the length of time this process is taking??
I don’t understand this at all if someone could help that would be great as I can’t afford a solicitor and don’t have PR to get legal aid and no one is helping me to understand what’s happening properly

OP posts:
PollyPolo · 04/03/2022 09:08

I don't think anyone has replied to to you yet.

I'm not an expert as such but do have an SGO for one of my children.

Are you not under the friends and family team?

I would have thought there would be a caseworker who you could talk to for updates.

An SGO is always preferable to fostering. I gather he wants to be in your care?

You shouldn't need to get your own solicitor.

What a stressful situation.

3773e · 09/03/2022 21:41

I'm a kinship carer of my nephew's half siblings, with the long term plan being to get an SGO. So I am by no means an expert, but I can answer based on my experience and what I've been told about the process going forward.

The fact that your stepson hasn't been placed with you temporarily if SS has started the process for an SGO seems very strange to me. It's always preferred for the child to be with family and ultimately an SGO is not usually issued until the child has been placed under a care order first, so the court can see the placement will work before it is made permanent.
Are you sure you are having an SGO assessment and not a Kinship/Connected Person's assessment? Because that seems to make more sense with your stepson not being in your care.

From what you've said, I would say that the court should have set the filing date for your assessment (else it wouldn't have been started) but because it has not yet been submitted then nothing further has happened.
Have there been court hearings not directly about the SGO, as you are not a bio parent and don't have PR you wouldn't be invited to court dates about the child and may not be informed of them (I only knew when court dates were because my cousin was at the hearings due to being bio dad of one of the children involved).
At court hearings relating to your stepson his SW should have told the judge that you are being assessed and that you are their recommended permanent carer, but that is not actually anything to do with the SGO.

If your assessment has started, I would recommend talking it through with your assessing social worker, it is their job to support you through this process. Your stepson's social worker may have some information too. Ultimately, some SW's are better than others (my assessing SW was amazing, but now the Care Order is in place I have a different supervising SW and he is useless. Children's SW is somewhere in between) it's the look of the draw.

Once my assessing SW had filed a positive report my contact with the children was unsupervised, so if your assessment has been completed but has not yet been filed with the court then your contact may remain supervised until the report had been filed but be sure to ask this question, as I was not told that I was unsupervised and allowed to take the children out until two months after the report was filed when I asked about taking them out for a Christmas treat.

Regarding legal representation, I was told right from the start (initially viability assessment, so before the actual assessment) that when the SGO is applied for I will need my own legal representation. There are charities that will support you with this, have you contacted Grandparents Plus? I have been told that they are pretty good.

You could also contact Foster Line for more information about Kinship care and SGO. They may be able to shed some light on the process.

I hope this has been somewhat helpful

bellac11 · 09/03/2022 21:50

What status is the child in care currently, under s20? If s20 is that with mothers consent or under the category of no one with PR being able to exercise that PR?

if the child is under ICO then there will be care proceedings ongoing but as you dont have PR you might not be party as yet, you might be joined later

You will need your own solicitor but some LAs provide a couple of hours of funded solicitor advice, you would have to ask the child's SW

Is the child's SW the person carrying out the SGO assessment?

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