I do really like my solicitor, the other four in my area told me flat out there was no hope of legal aid and weren't interested at all in even a free consultation, presumably because I didn't have an unlimited wallet. As soon as I phoned her office, she called me back within hours, how she wangled legal aid I'll never know. She was incredibly frustrated that social services made accusations against me because it put the delay on court. She is very wary of court because she said the section 7 wouldn't be done by cafcass, it would be done by social services this time - which means a big black mark against me already if they are already biased towards the situation for whatever reason!
I'll definitely look into contacting my MP and look into case review.
...in the link to a previous thread that Nannyjane provided there is a post by Greyling that I thinkyou could use to try and escalate this...I've copied and pasted it for you... Greyling has knowledge of SS procedure.
Hi Emelus, you are going to see your children again, Nannyjane and DaveR are right you need to to escalate this, first do you have it in writing that Social worker wants you to admit guilt, if not get it, short letter to them stating having been cleared by court can you confirm you are still requiring me to admit guilt before you will allow me contact with my children. If they confirm that they are, you then ask for case review, you put this into Social Workers manager making formal compliant stating that you will be asking judge for hearing with both Social Worker and Manager present to give evidence they have against you, you can also say that you are considering legal action if this matter is not resolved. Remember to keep everything you discuss child centered, nothing bad about your ex whatever she has accused you of, your main aim is to have children taken off Child Protection Register, if you need any help in dealing with this get in touch, just keep in mind YOU WILL SEE YOUR CHILDREN AGAIN.
As they have made accusations about you you could write formally and ask them to confirm this is what they are relying on, get it in writing and then make a formal complaint and ask for a case review as explained above.
Good luck
That's the thing, the emergency assessment they did for the initial child protection conference was all about me, absolutely nothing about the mother. Then at the conference the police and independant chairwoman completely blew the things about me out of the water and the child protection plan turned into the mothers temperament (due to her police history being as long as my arm) and mine and her relationship. Then at the meeting two weeks ago the manager said he was on it because of the things he was saying to me about his mother, caused by his parents relationship..!?
There's no consistancy. Even the social worker - she's told me to ignore what he says to me, report what he says to me, not talk to him about it, talk to him about it, not tell his mum, tell his mum.. I have no idea what they expect of me anymore. Apart from shutting up and letting her do whatever she wants.
Sorry if I'm repeating myself! I feel like I'm going round in circles. I really appreciate anyone reading this and the advice. Thankyou.
I think your solicitor could address these inconsistencies if you do not feel confident enough to do so....perhaps if your solicitor were to tackle them and threaten legal action and state that she will be calling on the SW and senior manager to give evidence... A judicial review perhaps.
If you did go to your MP they could also escalate it up to the Omsbudsman in charge of social care.
This may help, you will need to make a formal complaint to SS first but this link explains the procedure.
http://www.lgo.org.uk/publications/fact-sheets/complaints-about-children-care-services/
I spoke to my solicitor and she hasn't had any information/copies/reports at all from social services despite requesting them weeks ago. She is extremely frustrated and said all she can advise is to wait and see what happens at the child protection core meeting to see if he is kept on it and the reasons why. Bottom line is apparently unless I can get a letter from social services saying that they would recommend he comes to me, I have no chance in court.
How on earth can the system let this happen to a child his whole life.
Social services really can do whatever they want!!
I got sent an assessment which was done in the immediate lead up to the initial child protection conference months ago. It is full of lies, insinuations and opinions. A lot of "we don't know but it is believed.." and "one hypothesis is..". They have made me out to be a power tripping father causing mayhem just because I can.. it actually says that they don't know why I tell them things but as I have repeatedly told them (apparently!?) that I want full custody, one hypothesis is that I am just doing everything to gain evidence for family court! They have written that I have told them that I am autistic and they therefore think that because of my autism, I take things too literally! AUTISTIC!? I'm not [censored] surprised he's on a child protection plan based on thid pack of lies!
In the latest assessment, apparently a month ago my son told the social worker a "story", she checked with school who said it didn't happen. The WHOLE assessment is centred around my son "telling a story that was untrue with no reason for doing so", using it as a benchmark for why he shouldn't be believed over anything he has as this is proof he lied. Well news flash - children lie! Neither his mother or I were spoken to about this "story" and the implications of "proving" that he lies until a ss meeting. BOTH of us individually heard the story and said YES IT HAPPENED. To which their response was "oh" and change the subject!
To date, our son has never said anything uncomplimentary about me or his home here. Yet he has said heaps about his mother to give an insight in to his life there. She never takes him out, as soon as he gets home from school he is sent to his room to watch tv for the evening, his sibling is treated better than he is, she's angry and shouts a lot at him.. etc. I'm surprised he's even said that much as he believes that the social worker and his mother are friends so he doesn't think he can trust the social worker.
They are still obsessed with his mother and I's relationship "causing him to tell stories that are untrue" even though they now can't give any examples of untrue stories. They keep telling us to carry on trying to get along. Well they sent me a timeline of most of the times police and social services have been called and I'm furious! While we were in family court last year, while she was crying to the judge at every hearing swearing she had no idea where her "ex" was and had no contact with him.. it is documented by the police that the "ex" was in the house! Also documented by the police that she used him for childcare AFTER the court order banning her from letting our son anywhere near him!
She is the one with the history as long as I am tall of lying to social services and the police and repeatedly putting her children in to danger yet they let her get away with everything. Cancels FGC? Fine. Refuses to look into stress management classes as ordered? Fine. Son says things about her? Fine. Ignores orders to stop slapping him? Fine.
They have completely set me up. Unless I nod and smile and kiss everyones rear ends then I am treated as maliciously trying to steal my son away from his amazing mother.
Speak to your solicitor, surely with this timeline it will give you the opportunity to challenge her version of events and show that she breached orders and lied to the court.
I don't have my solicitor anymore, I couldn't continue to get legal aid funding while social services are being so unbelievably backwards. During the last conversation we had, she said that given the amount of time since the breaches happened, it would be extremely unadvisable to go for that alone. Even though the delay was due to me not having a clue! She said the only way she could see to move forward would've been a letter from social services saying they would recommend that he comes to me, or at least him being on a social services plan just due to his mother, not both of us.
Would it be worth giving Corams Children's Legal Centre a call as they'll now be able to give advice as you aren't represented?
I phoned them and they echoed what my solicitor had said - that it would be a grey area going to court for breach of the order given the time that has passed. Especially as she moved away at Christmas and there have been no more reports of Him being there - apart from anon reports and our son but noone believes him. Also it wouldn't be the best idea to outright go to court for residency (or whatever they are calling it now!) given the huge unaccuracies in what social services are saying about me.
At risk if sounding like a child - it's not fair. Vague timeline -
Court hearing start of Jan 2014.
"Ex" seen at her house by police middle of Jan.
Final court hearing end of Jan.
SIX police reports over 2014, our son was present for some. Plus some credible reports to SS that He was living there which they investigated by phoning her and dropped it. The only ones I now know about were September and December which I found out six months and 13 months later respectively.
If I had known about them at the time then things would have been very very different. If social services had stepped in during the countless oppertunities they've had over the years then things would be very different.
It's not about wanting him to live with me. I've always wanted her to sort herself out, have a good relationship with our son and help to provide a happy, safe and stable life for him. It just hasn't happened. She has a "I don't care, my life, my kids, I'll do whatever I want no matter what social services/police/courts say" attitude.