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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have an issue with our local Social Service department regarding

Resolved Question:

I have an issue with our local Social Service department regarding a derogatory report against myself, relating to the welfare and upbringing of my adoptive granddaughter.
Whom should I contact in the legal department to represent my case against them?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What was wrong with the report?
Clare
Customer: replied 3 years ago.

 



In short -- I adopted my granddaughter with my ex-husband 12years ago when my son died (note: my ex-husband is not the birth grandfather).I divorced my husband 6years ago due to his inappropriate behaviour with my granddaughter, whom I treat as a daughter and she refers to me as mum. My ex had fortnightly, weekend access visits. However, I stopped the overnight stays approx 20months ago through a court order as my granddaughter’s behaviour became worse every time she returned from a weekend visit with him. Since then we have had countless visits and referrals from Social Services, and through my ex-husbands manipulation he has convinced the Courts and the Social Services that he is a very responsible parent and I am the one causing all the problems. My granddaughter, who is 14years of age, has a mental capacity of 10-11yr old yet thinks she is 21. She is very easily led, and through my ex’s strategy and bribery has now persuaded her to reside with him! Social Services have now closed the case file regarding my granddaughter and are satisfied that she is in a save environment with my ex-husband even though I have battled constantly with them regarding his behaviour towards her. Yet in the report it states that it is I who has the problem! On the Core Assessment I had to undertake with Social Services, I was classed as an excellent parent who had a very good rapport with my granddaughter, yet my ex-husband did not have to be assessed! The above details are very very basic, and go a lot deeper than can be explained on this forum. I am worn out, my partner is worn out. We need the right person to defend our integrity and ensure the safety and well being of my granddaughter is preserved before something unforgivable happens.



 


 

Expert:  Clare replied 3 years ago.
Hi
I what way do you believe she is not safe?
Clare
Customer: replied 3 years ago.



Apologies for the delay in replying, the reasons for her safety and well-being have been fought endlessly through the Courts and with Social Services.


Whereas I set boundaries and certain ground rules, my ex-husband has none.


He allows her out late, and even all night on some occasions, roaming the streets, drinking alcohol. She self harms is abused by her boyfriend, yet none of this was picked up by Social Services, or, they accepted this as being normal teenage stuff!


My ex-husband has manipulated Social Services and my granddaughter to such an extent that she and Social Services are convinced that it is I that has been emotionally abusing her due to the fact that I set certain boundaries.


In the final report Social Services have twisted everything around to suit themselves so that the problem will go away. As a result, their report states that I am the one emotionally abusing my granddaughter.


I find this very upsetting and derogatory to my character, to which I would prefer a legal representative with some clout, to challenge this report and subsequently provide a greater degree of safety for my granddaughter. I cannot fight the system any more on my own

Expert:  Clare replied 3 years ago.
Hi
Do you wish to appeal the Order?
Clare
Customer: replied 3 years ago.



No, this is not an 'Order'. This is a final Report from Social Services which gave a derogatory report against me which related to the welfare and upbringing of my adoptive granddaughter.


Without all the past documents regarding this case you have no idea what I have had to endure, be it from my ex-husband or Social Services. Although I have had excellent reports on parenting skills from Social Services, their final conclusion condemned me as the instigator in my granddaughter now living with my ex-husband.


All I am requesting is who, and what section of the legal profession do I approach in representing my case against Social Services derogatory statements?

Customer: replied 3 years ago.

You have sent me an email message at 20.21 this evening stating that you have answered my question.


Cannot find no record of it! So what was your reply?

Expert:  Clare replied 3 years ago.
Hi
As I understand the Report was made as part of ongoing legal proceedings - is that correct?
Clare
Customer: replied 3 years ago.



No, the Report was made as a subsequent to my granddaughter self harming and her behaviour problems following access visits with my ex-husband.

Expert:  Clare replied 3 years ago.
Hi
What was the name of the report (you say that you passed the Core assessment so it wasn't that) - this is important for deciding the way forward
Clare
Customer: replied 3 years ago.

Single Assessment under S17

Expert:  Clare replied 3 years ago.
Hi
Thank you that is helpful - what triggered it?
Clare
Customer: replied 3 years ago.

Triggered what?

Expert:  Clare replied 3 years ago.
Hi
My apologies
I am unclear as to what led to THIS report being made -especially as the Core assessment went so well
Clare
Customer: replied 3 years ago.



The Core assessment was made whilst my granddaughter was living with me. This final Report was made once my granddaughter went to live with my ex-husband, and I have gone through how manipulative he can be.


He has turned the tables completely around and in the process completely undermined the code of moral upbringing, which I have always tried to maintain, of my granddaughter.


Moreover, Social Services believe him!


Therefore, could we have no more talk over the how’s, why’s and when’s.


All I require is a straight forward answer to my very first question, which is that I have an issue with our local Social Service department regarding a derogatory report against myself, relating to the welfare and upbringing of my adoptive granddaughter.


Whom should I contact in the legal department to represent my case against them?

Expert:  Clare replied 3 years ago.
Hi
The first thing to be aware of is that you are not taking Legal Action against them - there is no basis on which you can do so.
They have prepared the report in accordance with the requisite Legislation which protects them from allegations of Libel
If you disagree with it then you are entitled to complain about any contents which are factually untrue and that is done through the Complaints procedure which is relevant to your local Children's Services Department
You do not agree with the opinion of the Social Worker writing the report and the conclusions that have been reached (and from what you have said you have very good reason to be concerned) BUT the only way that the current position can be changed is by a further court hearing - not made against Social Services but via a further Residence application in the Family court
In terms of the complaint you do not need a lawyer at all - in terms of the Residence application you need a solicitor experienced in family law.
I remain uncertain that this is what you needed so please ask if I have not covered your question
Clare
Customer: replied 3 years ago.



Your right, I do not need a further Residence application as I still have the original one in place


So going back to your suggestion, of going through the complaints procedure, would this be more effective if I put my complaint to the Children's Services Department via a solicitor?

Expert:  Clare replied 3 years ago.
Hi
I am sure some solicitors will say yes but frankly it is just as effective to do it yourself.
And I am afraid that if the child is with your ex now you DO need to apply for a further Residence order if you wish her to be returned to your care
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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