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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I've been issued a S37 report based on inaccurate information

Resolved Question:

I've been issued a S37 report based on inaccurate information provided by my partner which I'm beginning to question my partners sanity. She has also made allegations against my brother who is not mentally well. How best do I prepare for a S37 report? What information and evidence will they require? Do they want to see medical reports etc?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
To start - please may I ask:
- has a Section 37 report been ordered in children act proceedings?
- are you currently a party to the children act proceedings?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes to both questions
Expert:  ukfamilysolicitor replied 1 year ago.
are you a parent?
what are the allegations/issues?
have you met the social worker yet?
Customer: replied 1 year ago.
I'm the father.
Ivenot met the social worker yet. This was only ordered on Thursday gone.
Where do I start with the allegations!1) my brother attacked her in 2012. this unfortunately happened. He was provoked by her and was not mentally stable at the time.
2) my brother allegedly came to our house and became violent and aggressive injury 2014 (this actually never happened)
3) my brother at some point in 2010/2012 attempted to rape her - again not true and has never been reported to the police.
4) my mum apparently said our oldest child was to be "given" to my brother a his missus not long after our eldest kid was born. In 2011
5) my brother threatened to kill her and my kids on seperate occasions.
6) apparently I told her to withhold information to cafcass.My brother has Asperger's syndrome and was diagnosed with this a few weeks before the attack in 2012 and had only been on medication for a few days. He is now a totally different character. The medical report will suggest this.
Expert:  ukfamilysolicitor replied 1 year ago.
thank you for this information.how old are your children? who do they love with? who made the original application to court?has there been involvement with SS before?
Expert:  ukfamilysolicitor replied 1 year ago.
typo - live with
Customer: replied 1 year ago.
Children are 4 and 1.We were living together until four months ago when after an argue net she had me arrested for allegedly pushing her and then took the kids back to her parents house in a different city. The school wasn't notified of the move or any of the kids after school activities etc. She just upped and left. I still don't know what school my eldest is in.I was getting no response from my partner or spoken to my boys for ages and so I made the application and all of a sudden she has started talking to me!There has been no previous SS involvement.The cafcass report has said that they think that I do not appreciate the risk my family pose with regards ***** ***** of the children which again is untrue as I totally understand the issues regarding my brother and always make sure my boys are protected if they meet him at family events which is very rarely at the best of times.
Expert:  ukfamilysolicitor replied 1 year ago.
does cafcass raise any issues in respect of the mother?
Customer: replied 1 year ago.
i did say a few things about her trying to manipulate the kids and putting things in the kids heads so they had those concerns. As well as the fact that they are currently living in a cramped household.In reality I held back and didn't say too much negatively about her but could have. I should have now that I've seen what she said!
Expert:  ukfamilysolicitor replied 1 year ago.
thank you for this information.I am sorry to hear about the current circumstances.A Section 37 - is quite a serious report for a court to order. This type of report is ordered when the court wants the local authority to make a decision about whether or not the local authority considers that they should be seeking a public law order in respect of your boys.Public law orders are either a care order - where the local authority shares parental responsibility for your boys or a supervision order - where the local authority have the legal right to monitor your children. A social worker will be in touch with you shortly to start this report. You need to make sure that you address the concerns that cafcass raise - that being that you are able to safeguard your children. You should not be seen to priotise your family over your children. You should demonstrate an understanding of the risk that your brother may pose and you should demonstrate that you could safeguard.
Expert:  ukfamilysolicitor replied 1 year ago.
The social worker will not normally ask for your medical records - although they may ask you questions about your medical history including mental health. If the court though it was necessary - then it would have already directed that your medical records should be obtained.
Expert:  ukfamilysolicitor replied 1 year ago.
can i assist further?
Customer: replied 1 year ago.
Will they not want to see the medical report of my brother as a lot of the allegations are surrounding him?
Expert:  ukfamilysolicitor replied 1 year ago.
your brother isnt a party to the proceedings - so the court cannot order that his records be obtained. The Local Authority will be able to undertake safeguarding checks with your brothers permission - which includes police and social services check - but not his medical records.
Customer: replied 1 year ago.
but given his mental state wouldn't his medical report would be quite beneficial for my argument in this scenario? And then also demonstrating how I'm safeguarding it.
Expert:  ukfamilysolicitor replied 1 year ago.
its a hard line for you I can see that you would want to substantiate that your brother is not a risk and by all means if you can get a letter from his GP then ok my concern however is that Cafcass already consider that you are not understanding the risk - I wouldn't want the Local Authority to get the same impression - and if you are trying to 'defend' your brother then they may well take the same opinion that cafcass did. This would be harmful to your position. my advice would be that you emphasis that you could safeguard against any risk by always making sure that your children are supervised with your brother and not left alone in his care
Expert:  ukfamilysolicitor replied 1 year ago.
can i clarify anything for you
Customer: replied 1 year ago.
I agree I already do the safeguarding things. I'm certainly not defending my brother.The medical report could show that he is a changed person since he was diagnosed. Still a risk nevertheless. But if it comes across as me defending him then we need to be careful
Expert:  ukfamilysolicitor replied 1 year ago.
spot on . The LA are going to want to know that you are able to prioritise your children over your brother can i assist further? please remember to kindly rate positively if you have found this service useful so that we receive credit for our work
Customer: replied 1 year ago.
Once he report is done and sent to court, what decision can the court make? Am I right in thinking they could say one of the following Which would then help them decide on shared responsibility and supervision;A) Father is a concern but mother is ok
B) mother is concern it father is ok.
C) both parents are crazy!
D) both parents are ok.
Customer: replied 1 year ago.
Kids come first. That's a no brainier!
Expert:  ukfamilysolicitor replied 1 year ago.
Yes that about sums it up if a) or b) - the are unlikely to seek a care order - but to support your boys living with the parent that they think is ok. possible supervision order if needs some assistance but unlikley if c) you could be looking at care proceedings if d) unlikely to have any LA involvement - court needs to decide how the children spend time with you both
Expert:  ukfamilysolicitor replied 1 year ago.
glad to hear that!
Customer: replied 1 year ago.
Sorry another question. Could there be a hybrid scenario where they say both/one parent is ok but we have a few minor concerns? If so how is that dealt with?
Expert:  ukfamilysolicitor replied 1 year ago.
LA may decide to offer some lower level support there are various levels:- child in need plan- child protection plan These mean that the LA could offer support without a public law order such support could include courses, support groups etc
Customer: replied 1 year ago.
Does that mean they would continue with making a decision on access etc or will these courses/groups have to be taken first and satisfied before making a decision.
Expert:  ukfamilysolicitor replied 1 year ago.
If you are offered any support then take it. The court will continue to make its decision in these proceedings after it has received the report hopefully the author of the report will give her opinion in the report about such issues either way the courts consider that children act proceedings need to conclude swifty - its likely that the case will be listed for a final hearing in the future so that the court can decide these issues this is of course all based on the view that the LA say that they dont need a public law order of the LA do apply for a public law order - your current proceedings will end and those decisions will be made in the public law proceedings if this was to happen - you would automatically get free legal aid in public law proceedings (as you are a parent) please kindly remember to rate positively
Customer: replied 1 year ago.
Under what circumstances would they make a public law order? In my circumstances would it be a case of where they are saying the children's safeguarding is not been satisfied.Or on the flip side of these allegations are deemed to be untrue (which some are) will they not question whether the mother is deemed fit to look after the children?
Customer: replied 1 year ago.
As she is making some crazy allegations.
Expert:  ukfamilysolicitor replied 1 year ago.
yes - if they deemed the children were at risk of harm be careful about trying to defend allegations - as per above advice the S37 will go into some detail but the SW will not be investigating if each and every allegation is true or not - they will simply not have the time to do that the social worker will be looking at risk of harm if they consider there is a risk of harm - then a public law order could be sought and the court woild then look at matters in more detail tread carefully in defending your brother - if you try to defend they may not trust you to safeguard
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok so basically I need to demonstrate what is already in place regarding safeguarding. That's not too difficult to demonstrate as its already in place.Thanks Caroline. No doubt there will be lots of other questions I will come across.
Expert:  ukfamilysolicitor replied 1 year ago.
yes - thats correct I am glad I could assist please do not hesitate to ask if i can assist you again I hope it all goes well kindest regards Caroline

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