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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My 16year old granddaughter is in an adolescent psychiatric

Customer Question

My 16year old granddaughter is in an adolescent psychiatric unit following attempted suicide and self harm. A large part of her problems stem from her treatment by her father when he remarried. My daughter has recently lost her job. She travels the 40+ miles about 6 times a week for meetings and to support her daughter. When appropriate she takes her out to the cinema or for a meal. She provides all her clothes and personal items, things needed for school, trips to hospital and orthodontist etc She has the upkeep of the house with a room for her daughter and as part of the ongoing treatment she will come home for days and lead as normal a life as possible. She sleeps at the unit for her safety. My daughter also takes in meals for her as part of the rehabilitation to normal living.
My ex son- in-law refuses to pay any maintanence which at present is upheld by the CSA because she does not sleep at home!!
She also still needs her hair cut and clothes etc.

What would you suggest we can do.
Things are desperate.
Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
Your daughter can consider making a claim for child maintenance using Schedule 1 of the Children Act
It is an unusual use of the act - but not an unreasonable one in the circumstances
She can read more here
http://www.familybrief.org/Page_4.html
If there has not been a final order within the divorce proceedings then she could also consider a claim for spouse maintenance
I hope that this is of assistance - please ask if you need further details
C;are
Customer: replied 3 years ago.

Thankyou for your reply. They have been divorced for 14 years. My granddaughter is 16 so legally not a child?


 


Is there no evidence or loop hole we can use with the CSA


 


Do you know the wording of their policy regarding this sort of situation?

Expert:  Clare replied 3 years ago.
Hi
She is still legally a child as she is under 16.
I am afraid that the CSA do indeed work on where the child sleeps - although that does not mean that is tis not worth appealing the decision
Clare
Customer: replied 3 years ago.

That does not answer my question! I told you that she IS 16years old. Everyone knows that theassessment is done on nights spent at home. I already mentioned that in my original question.


 


I was hoping for more about the wording of their policy which I can not ascertain.


 


You have not given me any helpful information at all.

Expert:  Clare replied 3 years ago.
Hi
My apologies - I can understand your frustration - there was a typographical error- she is under 18 and that is what means that she is a child and accordingly the options I have outlined above remain open to your daughter (and will be successful)
However I will also get the relevant wording for you later today
My apologies for the error
Clare
Customer: replied 3 years ago.

You did say you would get back to me 'today' ie Friday and I still haven't received the information promised and for which I have asked.


Also you have not made it clear if we were to persue the Children Act possibility how we would go about it.


 


Is this something we can do ourselves or do we need more legal advice?

Expert:  Clare replied 3 years ago.
Hi
A second bad rating does me no further harm and still does not trigger a refund I am afraid - if that is what you wish to have then please ask and I shall ask the site to process it
I am still trawling through the CSA legislation for the wording and will add it when I find it - alternatively I am happy to give you a link to the legislation if you prefer
So far as the Children Act application is concerned then of course I am happy to give more information.
I assume that you have read the link that I gave you which whilst somewhat indigestible does give the overview
The form that is needed is here
http://www.familylaw.co.uk/system/uploads/attachments/0002/1995/c1_e.pdf
It should be issued in the County not the Magistrates court and the fee is £215
Using a solicitor is optional - but Legal Aid is not available
Clare
Customer: replied 3 years ago.

Thank you for your reply.


I am not after a refund but the situation is somewhat desperate and I just did not know how to proceed.


If you could let me know the CSA information I know how to proceed with the Children Act so we can make some plans.


 


I did read the section that you advised but because of the stress I am barely able to take in anything which is why I turned to you for advice.

Expert:  Clare replied 3 years ago.
Hi
Actually it was well worth the trawl as I believe that I have found the basis on which your daughter can challenge the decision
It is here
http://www.legislation.gov.uk/uksi/2001/155/regulation/7/made
The Psychiatric Unit is undoubtedly a Hospital and your daughter would have her child's care otherwise
You should do both - appeal and file the Schedule 1 - after all your daughter may need extra help - more than the CSA assessment
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for all the information is has been very reassuring.


They had a mutual agreement over payments until September when she was admitted to hospital and he cancelled the standing order.


If we went via the Children Act to persue this would we have to apply again later in the year when she will need transport to get to college.


The local school is not appropriate for her and she will need a taxi at least to begin with for her safety to get to school.


The cost is approximately £76 a day.


There is little hope that he will accept any responsibility for this cost.


Would we need to apply twice?

Expert:  Clare replied 3 years ago.
HI
It should be possible to deal with it all within one application
Clare