Nephew in care....what are my rights?

AimeesMum_2

Yes this is the nephew with the rather strange name which all seems to have been proven as some kind of joke now as this is not the name that the social services has listed him under.

The Mum has history of alcohol abuse as does my brother but I don't believe this is known to the social work department and more just an observation from myself and other family members.

My brother went round to my Mum's last night to say that they have put in writing to social work that no member of my family or the Mum's have to ever have contact or to know of any developments.

I have written a very detailed letter to the social work department and also asked that it be kept on file as I will be holding them accountable for any harm that comes to my nephew if they put him back in the care of his parents while they are refusing any kind of support. (I know that's extreme but I want to make sure that if any harm comes the social work will be fully investigated).

The social worker would not confirm to me that he wasn't being looked after by my brother and his wife but at one point made the comment "I find it worrying that they are claiming still to be looking after him".

I will just need to wait and see where the complaint takes me.

AimeesMum_2

Delain...the Mum wasn't Nigerian. She is Scottish as is my brother. The middle names Bong and Nigeriano are not appropriate middle names...but this was clearly just a joke to wind the family up ever more.

puddy

im a bit confused, what makes you think (or how do you know) that the child is in care, had you already been told this by social services?

the law is different in scotland (if thats where you are), i dont know childrens law up there, there are similarities but its different legislation.

its an interesting point though, if the parent refuses to give SSD details of extended family, but extended family are keen for contact and/or assessment to care for the child, where does SSD go with this? I would like to believe that the childs needs override that of the parents in these cases and the child would be able to enjoy a relationship with his family

delain

AimeesMum wrote: »

Delain...the Mum wasn't Nigerian. She is Scottish as is my brother. The middle names Bong and Nigeriano are not appropriate middle names...but this was clearly just a joke to wind the family up ever more.

Ahhh OK. I think by the time I got to the thread bits of it had been deleted because it wasn't making a whole load of sense.

Has your brother said why he and the mum have said no contact ever? Seems odd that SS doubt their judgement enough to take the baby at birth but trust them to decide whether the baby gets to know ANY of his family.

If the worst happens and he is adopted, I believe he will be able to know that you were looking for him, as it will be in his paperwork. I'm not sure, but I think you might be able to write a letter (addressed to him, as he'd by then be 18) and ask for it to be included with the information they will give him if he chooses to locate his birth family.

puddy

it doesnt happen like that. assuming that parents dispute the application for care by social services, there will be a (long) series of court hearings, findings of fact about mother and father, assessments to see if they are capable of change and protection and the LA has a duty to consider birth family FIRST before deciding about perm foster care (it would be adoption in this case due to his age)

therefore, im confused about how SSD can override the childs needs in this case and abide by parents request to keep info from the extended family.

AimeesMum_2

Initially she told my Dad that he was removed from their care but I haven't spoken to him any further to know the extent of how much information she went into.

I asked her hypothetically what would happen if I was to ask to be considered for him to be looked after by me and her response was that they ask the birth parents if there is anyone who they would like to be contacted with the possibility of the transfer of care going to them.

If they say that there is no one and they would not be willing to consider myself or any member of my family then the social work wouldn't look on this as an option.

My brother has sent me a very violent email telling me that I am going to lose out and going to pay for getting involved. There is obviously something very disturbing that they aren't trying to hide...or maybe I am overthinking!

I started to tell the social work lady my concerns and she stopped me and said that she was VERY aware of the mothers history and problems - I just wish I knew the whole story.

usinnit

I feel for you I am in a similar situation. My Nephew and his brother have been placed in care. There mother was volitile and abusive towards the father. To cut along story short, my nephew was placed in his care, but because of her constant "bunny boiler" routine, it resulted in my bother finally hitting her back. She reported him to the social services, which was then taken back to court and he was then removed from his care also. Even though he has never been convicted of any domestic violence, he did admit to his wrong doing. After this happened my bother went off the rails he was offered contact in a contact centre, but let my nephew down due to not been able to even get out of bed. He was diognoised with depression after everything that had gone on. Then he got incarcerated. With everything I was on the phone to the social nagging and pestering to see my nephew, trying to convince them that in my nephews best interest his family should be involved with him. Finally the whole family have been given contact with him twice a month in a contact centre. Only 4 people at a time. It's hard with us having 25 people wanting to see him. My nephew was placed with a family friend of the mothers who was close to both the children. She is now being accessed to be a foster carer (as she wasn't currently 1). On the day the courts ruled for her to take the children the social asked my brother "well what would you have prefered the children to reside with, the mother or the family friend" he replied "ofcourse the family friend". He didn't realise he should have put his family forward. 1 of us has come forward and asked to be assessed to take him, but we have been told that he is settled where he is and he's close to his sibling. They have made us feel we shouldn't be really trying to disturb him now. The social has advised they will be supporting the family friend due to the fact the siblings will stay together. They feel it is important for this to happen. It's heart breaking.. I have been to see a solicitor and was advised - If the child was still with the parents and the parents said I couldn't see the child there is nothing in the law for me to take them to court and fight this. The only way to fight this is to be part of the care proceedings. If there is any family member which is willing to take the child on a full time basis then they must go see a solicitor. If there isn't and it is only visitation the whole family wants then write a letter to the social worker asking. If they refuse then there is legally nothing you can do..

gizmo111

puddy wrote: »

it doesnt happen like that. assuming that parents dispute the application for care by social services, there will be a (long) series of court hearings, findings of fact about mother and father, assessments to see if they are capable of change and protection and the LA has a duty to consider birth family FIRST before deciding about perm foster care (it would be adoption in this case due to his age)

therefore, im confused about how SSD can override the childs needs in this case and abide by parents request to keep info from the extended family.

This child may already be with an unknown family member.
OP if you are considering caring for the child then go and see a solicitor and see about becoming party to proceedings, you can then apply for special guardianship/residence if approriate.

Oldernotwiser

delain wrote: »

If the worst happens and he is adopted, I believe he will be able to know that you were looking for him, as it will be in his paperwork..

Why would this be such a bad thing?

esmy

How much Social Services can share with extended family partly depends on legally how the child is being looked after - it could be a voluntary arrangement between parents and Social Services, in which case parents have parental responsibility, don't share it with anyone else and in that sense hold all the cards about who in the family is told what. If the Courts have become involved and the child is on a care order or equivalent then PR is shared with the local authority which gives them a bit more scope to speak independently with interested family members. I believe Scottish law to be similar to English in this respect.
I'd suggest OP that you write to Social Services, not complaining and threatening, but to state your interest in and relationship with this baby, what your concerns are regarding the parents and what you are offering to do for the child.