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Advice needed please
#1
Hi , kinda new to forums in general , and I'm a master of not making sense anyway , but here goes .

Oct 31'st last year , my daughters social worker made an unannounced visit to my ex's home ( where daughter lives )following a multi agency meeting and decided the conditions were too bad for my little girl to stay there , she went to my parents for the night ( I wasn't considered as I only have a small one bed flat ) and I returned home myself on the social workers advice so things weren't "weird" for my little girl , emotions and all that , I understood and complied. 

Next day, all hell breaks loose , my parents are at my house not long after school starts telling me they had to report a bite mark on my daughters shoulder to social services and of course the police. Not long after the SW is on the phone to me , she needs me to be present for a medical assessment on my daughter at the local hospital , I complied , the police arrived whilst we were there to document and photograph the bite mark on my little girls shoulder etc etc . after the hospital were done with us , the SW drove me and my daughter back to my parents house and said I had an hour or so " free time " with my daughter before she was taken into care , no ifs or buts , and when she returned she had me sign section 20 with no real explanation of the ins and outs and that's the last real time I had with my daughter .
The current state of play is as such , little girls mother was never charged with the assault , and social services are doing their best to deny it ever happened , or that there is any evidence at all . There is a new social worker now , as the last one was found to be not doing things properly , yet I haven't been offered any explanation on that at all . The new SW's attitude is horrendous , they are doing everything they can to shut the whole case down , but in the meantime make me their scapegoat due to issues in the distant past ( I've been clean and sober and compliant with MH services for nearly 4 years ) and make things as difficult as possible for me by using my past against me . they know I have a contact order that was written in 2010 and they haven't applied for anything at all against me and I think that they think I'm stupid and frightened of them , so my question basically is , do these people have the authority to make seeing my daughter difficult for me whilst there is a contact order already ? My daughter has told them she wants to see me , her mother agrees as she know how positive the bond is , and I'm seriously questioning who the hell they think they are , surely they would have to go to a judge to challenge my contact order if they wanted me to have supervised contact and so forth ? they refuse point blank to talk about the law with me , and I don't think my solicitor wants to directly challenge them .


Apologies for super long post , hope I get some replies , Bill
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#2
(02-20-2017, 08:13 PM)Captainbill753 Wrote: Hi , kinda new to forums in general , and I'm a master of not making sense anyway , but here goes .

Oct 31'st last year , my daughters social worker made an unannounced visit to my ex's home ( where daughter lives )following a multi agency meeting and decided the conditions were too bad for my little girl to stay there , she went to my parents for the night ( I wasn't considered as I only have a small one bed flat ) and I returned home myself on the social workers advice so things weren't "weird" for my little girl , emotions and all that , I understood and complied. 

Next day, all hell breaks loose , my parents are at my house not long after school starts telling me they had to report a bite mark on my daughters shoulder to social services and of course the police. Not long after the SW is on the phone to me , she needs me to be present for a medical assessment on my daughter at the local hospital , I complied , the police arrived whilst we were there to document and photograph the bite mark on my little girls shoulder etc etc . after the hospital were done with us , the SW drove me and my daughter back to my parents house and said I had an hour or so " free time " with my daughter before she was taken into care , no ifs or buts , and when she returned she had me sign section 20 with no real explanation of the ins and outs and that's the last real time I had with my daughter .
The current state of play is as such , little girls mother was never charged with the assault , and social services are doing their best to deny it ever happened , or that there is any evidence at all . There is a new social worker now , as the last one was found to be not doing things properly , yet I haven't been offered any explanation on that at all . The new SW's attitude is horrendous , they are doing everything they can to shut the whole case down , but in the meantime make me their scapegoat due to issues in the distant past ( I've been clean and sober and compliant with MH services for nearly 4 years ) and make things as difficult as possible for me by using my past against me . they know I have a contact order that was written in 2010 and they haven't applied for anything at all against me and I think that they think I'm stupid and frightened of them , so my question basically is , do these people have the authority to make seeing my daughter difficult for me whilst there is a contact order already ? My daughter has told them she wants to see me , her mother agrees as she know how positive the bond is , and I'm seriously questioning who the hell they think they are , surely they would have to go to a judge to challenge my contact order if they wanted me to have supervised contact and so forth ? they refuse point blank to talk about the law with me , and I don't think my solicitor wants to directly challenge them .


Apologies for super long post , hope I get some replies , Bill

If you have a Court Order from 2010, and any aspect is not being followed, File a C79, applicaiton for Enforcement.

Only a Court can discharge an order once made.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Thanks for replying . 

So even social services are subject to these orders ? They've never even asked if I have one and when I informed them that I do they basically changed tactics and tried to tell my parents that they have the power to make me do things their way , yet to my knowledge they haven't been to ask the court for anything , or I would have had the opportunity to be present , if that makes sense ? 

Thanks again for replying 
Bill
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#4
(02-20-2017, 08:41 PM)Captainbill753 Wrote: Thanks for replying . 

So even social services are subject to these orders ? They've never even asked if I have one and when I informed them that I do they basically changed tactics and tried to tell my parents that they have the power to make me do things their way , yet to my knowledge they haven't been to ask the court for anything , or I would have had the opportunity to be present , if that makes sense ? 

Thanks again for replying 
Bill

If anyone with PR applies to vary an order, they need to have good reason to.

If Social Services wanted to end it, they would have to apply to court also, and because the applicaiton is not being made by someone with PR, you would then get Legal Aid.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#5
Thanks for replying .

That sounds really positive , but they aren't actually doing anything other than , messing me around , their basic stance is " well she's back in her mothers care under our supervision , so now you have to do as your told " . I know I probably sound stupid and repetitive , but I want to understand for sure , they would definitly have to talk to go to court to make me comply with them in this case and my contact order would mean I could tell them to politely shove off ?

Apologies again if I sound thick or boring , I just want to be sure before I start raising hell .
Bill
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#6
Hi,

Where is your child now?
In LA foster care or back with mum?

Are there care proceedings initiated from social service? Surely, they can't not just ask you to sign a S20 and take the child away.

Are they aware that you hold a contact order?

Copy the order and write to the new social worker that they are in breach of a court order and that you now immediately ask for contact to re-established or failing that you will file for enforcement.

F.

A court order is a court order and only a court can vary or discharge it. Social Service can't do that on behalf of a court.

F.
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#7
Frisbos - child is back with mum now , which Im assured will be fine , the SW tells me that they want to avoid any further actual care proceedings and aren't even treating it as a child protection case , no meetings , no reviews of what happened for the 8 weeks she was in care , nothing . I've asked several times to have things explained , to see the team manager , all I get is excuses and told I have to play ball with them . Its just my opinion , but I feel like they're doing everything they can to cover up the previous SW's failings/wrongdoings and finger me in the process so it looks like their doing something . My parents have been brilliant helping me through all this , but even they don't think I have any grounds to question anything Sad

Thanks for replying
Bill
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#8
Hi,

You have the right to question EVERYTHING, especially with Social Service and when it concerns YOUR child.

So, child is back with mum and you have a contact order. The situation is as it was before, right? There are no charges or allegations made against you, right?

What on earth or who on earth is saying you can not have contact with your child as per your contact order?

F.
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#9
Frisbos - basically social services are saying so unless I do it their way and fulfill their " assessment " , which means I have to take advice from somebody from a family center for a number of weeks whilst also being supervised , because and I quote " It will be helpful to you as parent " . No charges against me , no allegations made against me , I've done nothing but cooperate with them and now this is what they think I " need" . My parents negotiated with them so the contact can take place at their house , and the family worker comes to us , but I cant let go of the idea that SS's have suckered me into agreeing to that and hoping I wont think I can challenge them on it , thanks to the advice here , I feel like I can fight them again.

Thanks for the reply
Bill
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#10
Hi,

What is their assessment? Have you seen it? What is that based on? What the heck?!

Why are you even discussing this with Social Service? If they want supervised contact then ask them to file it to court for a variation of your order.

You have a valid contact order which stands.
Next time you can't see your child because of them go to the Police and get it on record. Report the social worker who is interfering with your order to the Police. Then inform them about it and file for enforcement of your current contact order.

F.
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