Someone else's twins.

squirrelchops

Hi there.

Could you please clarify a point for me please?

Did social services place the child(ren) with you? By this I mean a specific conversation that asked you to have the children or else they will have to be looked after (i.e. put into care?). Or did you find out the situation and step in as a family an offer?

You may think I am barking for asking such specifics but this can have a difference regarding what social services have a duty to provide.


NB: I ask as I am a social worker so may be able to provide some pertinent information.

Spacker

Hi Squirrelchops,

With the boy I believe we stepped in and offered as it was obvious to us that she would not be able to cope with him (he was under medical care at the hospital for first few weeks). The mother was/is visited regularly by social services for her mental health problems and they were aware of the situation. When it was obvious his sister was being grossly neglected social services asked us to take the girl.

Edit Update - A report was generated by social services that the mother could not cope with both children and suggested that we look after the boy (we already had him with us). I believe the father told them that he lives with us (he does not but does take advantage of the spare room once a week). Social aren't aware of the fathers drug problem but there is a police report where he was found in a drug dealers house during a raid but was not carrying anything.

squirrelchops

Hi Spacker,

Ok. In that case with you taking the little girl too the local authority (ie social services) basically 'negotiated' the removal of the child from mum and PLACED her with you.

I have highlighted PLACED as the LA must have removed the child from Mum either voluntarily (ie Under Section 20 of The Children Act) with Mum's consent or if they got a Court Order. Therefore the child either way should have been a 'Looked After Child' as the LA has some kind of legal responsibility to her.

Getting LA's to agree this in retrospect is very difficult but I have known relatives to challenge under what basis the child ended up with them and I have also known relatives to have got a hefty back payment as they should have received caring rates.

I would ask the LA about 'family and friends assessment' but again this may be difficult in retrospect.

Anyway, as others have said you need to, in some way get legal security for these children. Yes a Residence Order will give you some legal security but if I were you I would advocate for getting a Special Guardianship Order (SGO).

This is the most legally secure Order in your position and would also give you access to support services - support needed has to be properly assessed under this and can include financial recompense amongst other things (e.g you may need support accessing psychological services).

You don't go for SGO then adoption - SGO was designed for perhaps older children who will, over the course of their lives continue to have some kind of relationship with birth parents. So think of it as 'nearly adoption' for want of a better comparison. It will give you parental responsibility but the birth parents do not lose this (although their powers of PR are diminished).

If you decide to go for SGO you must legally give your LA 3 months notice, in writing of your intention to apply for this Order. This is because the LA must assess it and write a SGO report for Court.

Spacker

Ok that's a brilliant piece of information. Thank you.

If we apply for SGO and the LA object to it (I cannot imagine on what basis they would) - is there an outcome where we might lose the children?

squirrelchops

The LA would have to evidence why you aren't suitable to be the children's Special Guardian. They will also have to gain views and wishes from birth parents.

Worst case scenario is that the LA might assess you as unsuitable carers but as the children have been with you a signficant amount of time they would have to have heft evidence why this isn't in the child's best wishes. If the outcome of the SGO application is a resounding 'no' to you being the carer then yes, the LA would have to find an alternative home for the children. Please do not let this stop you from applying - remember, these children need this stability.

cwtw

Hi Spacker, Squirrelchops advice seems spot on to me. My only additional advice is to try and find a solicitor who is on the children's panel, as they're the experts in family law. Wishing you and your family the best of luck in securing the twins' future.

Spacker

Squirrelchops, thanks very much. I can't see that the LA could possibly have a problem, I think the only thing we're doing wrong with them is spoiling them rotten - which we're working on! I just wanted to know the worst possible outcome. We're going to take the route that CTWT suggested and get a solicitor on it and start the ball rolling. Thanks very much everyone. Will post back when we have a result!

RuthnJasper

Spacker wrote: »

Squirrelchops, thanks very much. I can't see that the LA could possibly have a problem, I think the only thing we're doing wrong with them is spoiling them rotten - which we're working on! I just wanted to know the worst possible outcome. We're going to take the route that CTWT suggested and get a solicitor on it and start the ball rolling. Thanks very much everyone. Will post back when we have a result!

Fab - yes; please do keep us informed Spacker - we're all really rooting for you and the children. Hope all goes well. x

DaftyDuck

Nothing useful to add, except I'd echo those who've said what you've done is wonderful, really wonderful. I hope any authorities that you come into contact with rapidly realise what this thread has realised, and ease your way to a happy life as a family. Best wishes!

danielley

Hi there,

I echo everyone else's comments about what a fantastic thing you and your parents have done.

I do worry though that as the mother is used to the child benefit that the threat of this being taken away may result in her kicking up a fuss. I would definitely recommend getting some stringent legal advice before informing her of your plans, as also I know the benefit is probably the last thing on your mind, it may be the first thing on hers.

Good Luck - I have 5 year twin nieces and the thought of them being neglected and unwanted is so upsetting.