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Foster to adoption advice

CawlCennin August 27, 2013 10:56
Hi all. I''m after some advice for my brother and his wife. They were given a baby 11 months ago, and told that they would probably be able to adopt the baby, this was said to them various times by various people from social services. Because of this, they let their guard down with the baby, more so than other children they foster because they thought they’d be adopting the baby. A month ago though, they were told that the baby would be going to England to live with a blood relative. This has devastated my brother, his wife and their existing child. They decided to fight because they feel they were lied to and misled by social services. At the start of September they would have had the baby for 12 months, and, as you probably know, they would have a lot more rights then. However, social services went there yesterday and told them they’d be taking the baby this Saturday and put with another foster family until she goes to live with her new family in England. The reason they have done this, is my brother and family were supposed to be going on holiday for two weeks on Saturday, and when they return, it would have been 12 months they had the baby. Social services know this, so they’re taking the child to deny my brother and his wife their rights and ensure they don’t have the baby for 12 months or more. Also, they know thew baby wont even be meeting their new family until at least November, so the baby will be in a new foster family at least another few months, so the child''s best interests are obviously not top of social services life. I know it’s very late in the day to do anything, but my brother is now desperate because he feels like he has no rights. As far as I''m aware, until the baby is with their new permanent family and still with the state, I think my brother has a fighting chance.This is a condensed version of what has happened, but I didn''t want to overload you with information. They have spoken to solicitors, who both said my brother and his wife may have a chance, but they''d have to formally take on the solicitor and pay before anything can be done. My brother and his wife will pay what it takes, but they don''t want to pay a solicitor only to be told because they had the child less than 12 months, they have no rights whatsoever. All offers of adoptions were verbal, but my brother and wife were asked to apply in writing to adopt the child, which they did, so the only paper trail in this case is the adoption application.This child has built up big bonds with my brother and wife and their daughter, and cries when apart from them. Now to pull the child away from this and put with a new foster family for at least 2 months, then to move the child again to a new family, to me a cruel, and is not whats best for the child. I think they just need to hear that cases like this have been won before and that they do have some rights, but they''re not entitled to legal aid, they feel so so betrayed by social services, and have no idea of their rights, they just need someone to offer them any glimmer of hope and put the issue to rest by telling them they have no rights. All SS have done is try to frighten and scare them off, and jump ahead of them every step of the way offering no support to a family who have nothing but try to do what''s right for the children in their care.Thanks in advance for any help guys
Edited 17/02/2021
loadsofbubs August 27, 2013 12:21
I've pm'd you
Edited 17/02/2021
minnie7 August 27, 2013 12:57
Contact Martin Narey ASAP.
Edited 17/02/2021
lilyofthevalley August 28, 2013 08:12
HiThis sounds a very stressful situation. I would assume that the family member must have come forward fairly recently and requested to be considered as a kinship carer for the child. The person or couple would have to be assessed for their suitability and might not be deemed to be suitable to be kinship carers. I think your brother's problem will centre not just on his legal rights but on the duty of local authorities to consider an application from a family member to be assessed as a kinship carer for the child. This may well take precedence. You could do some legal research yourselves. You would need to look at relevant legislation and also practice guidelines for social service departments. Sometimes these are available online. You could also write to the social service department asking them on what legal basis they are planning to move the child when the child is happily settled and a permanent home is being offered by your brother and his wife. It might be a good idea for your brother to see his MP and for the MP to request this information from the local authority as local authorities have to respond very quickly to requests for information and explanation from MPs.Lily
Edited 17/02/2021
FIM August 28, 2013 08:39
Members if auk can get a single free legal advice session, but even if not members it may be worth contacting auk helpline to ask about specialist solicitors, as I'm guessing this is very tricky legally. It may also be worth contacting the child's guardian to see what they think. BAAF deal with both adoption and fostering, so if you haven't already done so, it may be worth contacting them to see if they know the legal position
Edited 17/02/2021
fortress August 29, 2013 19:02
Oh how stressfull for everyone involved!Are they members of The Fostering Network - if so they give free legal advice to members. Would they consider not going on holiday, hence not needing the respite if LO wasnt going with them? I have given a paid holiday away rather than have children move to respite & not be returned due to an incompitant and lier of a SW'er. Saying that if SW are adamant the child is moving at the weekend I think they will be in much need of a holiday but will by no means help them get over their broken promise and dream of adopting the child. I really feel for them all.
Edited 17/02/2021
CawlCennin August 30, 2013 14:02
Hi all,To the repliers and people who have PMd me, thank you so much. After spending a lot of time looking for information and feeling so betrayed and neglected, it's been a real boost to read these posts. And at the end of the day, while we have hope, we have something.I'm giving all this info to my brother and wife so they can read and digest and work out the next steps.I've never seen my brother like this, and SS keep harping on about this new family who have a child and how they'd feel if they didn't get custody of this child, but they seem to have forgotten about my brother, his wife and their daughter who have done nothing apart from try to do the right thing, and been shafted in return, and seem to lost at the moment it's breaking my heart. But this upset is slowly turning to anger, and we know that wont help, so we're trying to channel this hurt into something proactive and positive.Again, thanks all, I'll let you know how it goes.
Edited 17/02/2021

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