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Not sure if this is the correct place but here goes.
Despite there being no court order a mother with a 2 year old has been told by a social services worker that she can only see her child if supervised, not by a social worker but by anyone who's a friend or member of the family.
The mother has some mental health problems, none of which involve violence, & which are now under control. She also has a drink problem which occasionally manifests itself by her become drunk. This latter event usually takes place in the evening after the child is put to bed
The child on the other hand goes without nothing is always immaculately turned out, well fed and most importantly well loved
Therefore I suggest that without a court order that this workers action may be unlawful & that they may have overstepped their authority
Any comments from those who know & understand the workings of social services appreciated
I am definitely inclined to agree with you. Sounds like someone trying to punch well above their weight!
Would definitely speak with the Social services where this 'officious employee' works and ask them to account for their staffs actions and advice, and primarily under what legal capacity they intend to enforce such a statement.
Who does the child live with? Why are social services involved?
Who puts the child to bed?
Despite there being no court order a mother with a 2 year old has been told by a social services worker that she can only see her child if supervised, not by a social worker but by anyone who's a friend or member of the family.
The mother has some mental health problems, none of which involve violence, & which are now under control. She also has a drink problem which occasionally manifests itself by her become drunk. This latter event usually takes place in the evening after the child is put to bed
Normaly the mother however recently the single mother was ill & in hospital so agreed that a family friend who is a registered minder & the child's father would look after her until discharge. The father then involved the SS & may be attempting to obtain custody in order to enhance his lot by way of greatly improved accommodation & benefits
Is there a partnership agreement between SS and the mother that she only sees the child at specified times? Or does other things that will enable the child to be reunified back into her family home and care?
What is stopping her taking the child home?
I am guessing this child is meeting the Child in Nedd Criteria (Children Act 1989 - s17), and the child minder has a private fostering agreement.
SS won't get involved in custody, now known as residency however if the father has parental responsibility why did the child not go to live with him during the mothers hospital stay? No one other than a court could stop him.
Seems there may be some concerns around this?
Believe me, that doesn't necessarily make a difference.
Edit: What I am trying to say (I am not making much sense this morning, sorry) is that I would first check that the child hasn't been put on the at risk register unknown to you or the mum.
No there is no agreement other than the mother agreed to a temporary arrangement whilst in hospital.
The claim the child is at risk because of the mothers drinking based mainly I might add on the estranged fathers evidence & which I believe is a nonsense because it does not appear to have impacted on the care of the child in any way
The child did live with the father for a short period but because of work commitments he was unable to continue care whilst the mother was in hospital so what was thought a temporary solution was found namely staying with a friend of his
The mother although she has primary (or had) care of the child has never obstructed the father in maintaining contact in fact much to the shagrin of other family members because of the distress he causes the mother whom he knows to be vunerable
she needs to get a solicitor that deals with family law and get it into court for the mother to get a residency order to get the child returned to the home that she has always lived at
the judge will order a cafcas report and the judge usually goes by the cafcas report in the meantime the the best thing the mother can do as s s say as it will go in her favour at court
i am giving advise on what my daughter had to do when her x partner decided not to return my grandson after a visit to him he went to ss and alleged all sorts
i wish i could have been in court when the judge called him an incompetent father she will get legal aid for this if she is on benefits
Jon - if there is no partnership agreement and no court order and no child protection plan in place, then there is absolutely nothing stopping the mother going and taking the child home - however you need to ascertain under what legislation the child is staying away from home - it may be a voluntary care arrangement (s20 - CA 89). Find out, the mum can just ring the social worker and ask, and then I'll be able to advise you further. See what paperwork she has from SS and what she has signed if she still has any.
The child will not be on the register without a CP conference and legal representation having taken place.
unfortunately i don't think the mother can just take the child from the father as he has made an allegation to ss
i am only going on what happened in our family
my daughter never stopped her ex partner seeing there son and they had made an arrangement between them when he would go to his dad
this worked for almost a year until my daughter met someone else and moved in with him
a few weeks after she moved in he failed to return my grandson he went to s s and said her new partner was hitting his son and until this was investigated by ss he had to stay with his father however while this ss were investigating the father had applied to the court for full residency
based on these allegations the ss found the allegations to be untrue and urged the father to return the child to his mother
he refused to do this and there was nothing ss could do as they couldn't force him to return the child we had to go to court to get my grandson returned to his mother as i said this was our experience and i would urge anyone who has an allegation made against them by an absent parent to go and see a solicitor
unfortunately i don't think the mother can just take the child from the father as he has made an allegation to ss
i am only going on what happened in our family
i relay am sorry i thought the father had failed to return the child to the mum after she came out of hospital and the child was at child minder when he was at work then going home with him after work
i would still go to a solicitor because there is nothing stopping the father going to the court for full residency which i think he will need if he is using the situation to enhance his lot regarding housing and benefits i believe the only person who can claim benefits for a child is the person who receives the child benefit thats what my daughter was told
the mum should go to court to get a residency order because there is nothing stopping him doing this to her again a few month after she gets the child returned to her if there is still no residency order been put in place by the court
i hope you understand i am only trying to help its a heartbreaking situation for any mum to be in and i saw the heartbreak it caused my daughter and a Friend of mine years ago when she lost her kids because she left her husband for another woman the judge was homophobic and her ex only took kids to get back at her and to get a house and benefits
it upsets me when i think about any mother who has to go through this because of an ex doing this for his own gain and not for the child's welfare
i count my blessings ever day that the judge could see right through my daughters ex and returned my grandson to his mum calling him an incompetent father and giving my daughter full control of the access my grandson has with his father
Since posting there has been a case conference where the child's SS was questioned, by me on behalf of the Mother, about her authority to 'insist' the mothers visits could only be supervised & what evidence could she produce which would substantiate such action. This was not produced & the SS agreed that the mother could collect the child immediately
It is isn't Although I'd love to claim it was all down to me I can't. Whilst I did put forward the arguments I had recruited a number of the mothers family, sisters etc who came to the meeting at my behest & I'm sure that even though the arguments had merit the family showing support added great weight
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Originally Posted by Bookworm
