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NOTE: This information as been written mainly for
Grandparents and carers, but the information in it is also for other people,
including other family members, who are involved in the welfare of a child
and may become involved in family court proceedings. For specialist legal advice
we recommend you
seek the professional assistance of a experienced Solicitor.
If you are a grandparent, and your grandchildren have been unjustly taken by
the social services my heart goes out to you.
"I am a parent that this has
happened to and I have seen my elderly parents heartbroken, in tears and in
massive emotional pain because of their frustration and total devastation with
the social services snatching their grandchildren. As well as the worry over how
I'm coping without them."
It doesn't just affect the parent. It effects the whole family. If your
children have been taken, or are going to be taken by social services you can
apply for a interim residence order or a full residence order. (see
care proceedings) on
this website. Speak to a solicitor about your options. (But expect social
services to use your age against you. I have seen it done many times, even when
the grandparents are early 50's). Fight as hard as you can to keep the
child/ren within the family.
DIFFERENT TYPES OF CARE
The Children’s Act 1989 states a child as being "looked after" if he or she
is in the care of (e.g. foster care), or being provided with accommodation by a
local authority.
If your grandchild is accommodated
This means that the child is being looked after by the local authority with
agreement of the parents/those with Parental Responsibility. The parents retain
their Parental Responsibility and the local authority does not require it
throughout the time the child is in accommodation.
If your grandchild is in care
This means that a child is being looked after by the local authority under a
care order or an emergency protection order. (E.g. Fostered). The parents (and
others with Parental Responsibility) retain Parental Responsibility, but the
local authority also acquires it. * Note:- A grandparent only has parental responsibility if there is an order
made by the court for it to be so, e.g. a residence order.
CONTACT FOR GRANDPARENTS - IF CHILD ACCOMMODATED
If your grandchild is accommodated only your daughter/daughter in law has
parental responsibility, or your son/son in law if he qualifies (see the
paragraph on Parental responsibility in "the care plan" on this website). She
can decide whom her children can and cannot see. The social services cannot
allow them to see you against her wishes. If your daughter/daughter in law does
not want you to see the children you should try and persuade her to agree to
this.
As a last resort you can apply to the court for a contact order. (see
"completing a contact application" on this website).
CONTACT FOR
GRANDPARENTS - IF CHILD IN CARE
If your grandchild is in care
the local authority also have parental
responsibility for them and they decide whom they see. Although it is absolutely
unfair you do not have a right to contact with your grandchildren, unless you
have parental responsibility. However, morally they should give you contact.
Contact may be at a contact centre. (No matter how friendly the contact centre
staff are, they are usually in line with social services so do not trust them,
or speak much with them). If the local authority refuse you contact, you must
apply to the court for leave to make a contact order under section 34 of the
Children Act 1989. To do this you must speak to a solicitor and he/she will sort
it out for you, or see "completing a contact application" on this website. You
will have to go to court and the judge will decide what contact you should have.
If you get contact the social services will probably try and stop it or cut it
down as much as possible all the time, with ridiculous reasons such as "it's
inappropriate", so read the tips below.
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Indirect contact
Ideally contact should be face to face so that you and your grandchild can
enjoy each other's company, as you did before they were snatched. However, if
the local authority will not allow this, ask if you can have indirect contact,
eg. writing to them, sending cards, photos and small presents. It is not as
valuable as direct contact but it will let your grandchildren know you still
love them and think about them. It will keep your memory alive for the child.
Also ask if they can phone you, or you phone them. Ask if you can send them
audio or video tapes. You can ask the court for indirect contact as well, if you
apply for a contact order. (Expect the social services to say no. They limit
contact as much as possible. They may want to read and see everything you want
to send to your grandchild to check its its ok to be sent. You can write and
tell them you are missing them and love them. But you can't say anything about
coming home or they will not let the letter be sent. Try not to get frustrated
with this. They do it with most people. They make you feel like a criminal, but
you are not, so try and stay calm and let them do their ridiculous procedures. My
mum and dad told the social worker that checking letters like that is like going
back to World War II, when my dad was in the Merchant Navy and his letters were
censored!)
Tips to use with social services, and at court in order
for you to get, and keep contact:-
Remind them of your grandchild's rights by stating the following:-
"According to paragraph 15(c) of Schedule 2 to the Children Act 1989 the
local authority have a duty to endeavour to promote contact between the child
and....any relative.....".
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Also:
"According to Article 8 of the European Convention on Human Rights - Every
child should have a right to respect for his family life."
Tell them/court how much the children are missing you, love you and how
much you saw them before. Include all the things you did for them.
Tell them/court how much you are missing them, and are desperate to see
them.
State the following or write a letter containing this, and
if needed give a copy to the judge at court.
"We feel that it is absolutely necessary for the family,
especially the grandparents to retain valuable family links with the children.
Simply knowing that the family love the children and want to remain in touch
will increase their self esteem. Family can provide a sense of stability and
belonging, which we feel can be vital to the child's well being.
Grandparents who have been in the children's lives since
birth can provide continuity and an understanding of family and origins. You are
denying the children a relationship with the family representing half of their
ethnic origin and identity. Grandparents are especially important"
GRANDPARENTS HELPLINES
Grandparents
Apart Self Help Group - Scotland "For The Sake Of Our Children"
http://www.grandparentsapart.co.uk/
Helpline: 0141 882 5658
Grandparents
Action Group - http://www.daric.co.uk/gagindex.htm
Fighting for your rights Telephone Helpline: Tel: 01952 582621 Email:
gagjasper@aol.com
Grandparents Association - We know that a special relationship can
exist between grandchildren and grandparents and we are here to provide support
to enable this relationship to flourish
http://www.grandparents-association.org.uk/ The Advice line number is 0845
434 9585.
News,
views, features - on all things to do with Grand-parenting - including
grandchildren!!
http://www.seniorsnetwork.co.uk/grandparents/
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