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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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my little brother is 10, he lives with his dad, stepmum and

Customer Question

my little brother is 10, he lives with his dad, stepmum and son for a week then with my mum and other brother for the next week as per court order states. At the age of 9 he was sexually abused by his 15 year old step brother. Unfortunatly because he was scared he retracted his statement. The court agreed for him to go back to his dads but with a safety order (he is not allowed to be left in the house alone with his stepbrother). A week ago my little brother said that his dad left him in the house with his stepbrother for the whole day. My mum immediatly got a court hearing as to get the contact order suspended. She went along yesterday to be told that there is no proof, social services will not intervene and the police cannot inforce the safety order as it clashes with the contact order. my little brothers dad has breached the safety order. What is the point in a safety order if when it gets breached nothing happens? What can my mum do now?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
Does you brother wish to spend more time with his mother?
Clare
Customer: replied 2 years ago.

He tells my mum that he would like to spend more time with her, but he is not brave enough to tell anyone of authority because he has learning difficulties.

Expert:  Clare replied 2 years ago.
Hi
Did his father admit that the Order had been breached?
When did the shared care arrangement start?
Clare
Customer: replied 2 years ago.

No because the court turned my mum away whilst she was doing all the paperwork before the hearing. They told her that they would only get involved if social services said to.

The contact order started when he was about 2. so about 8 years ago. He initially was seeing my little brother for 2 days a week, then he went back to court demanding more and more so now its based on 2 weekly period, he gets my brother for 7 days, my mum the other 7 days. So it is split equally.

Expert:  Clare replied 2 years ago.
Hi
When did that change take place?
Clare
Customer: replied 2 years ago.

about 2 or 3 years ago it was changed to exactly half and half

Expert:  Clare replied 2 years ago.
Hi
Why were Social Services not prepared to take action?
Clare
Customer: replied 2 years ago.

There was not any proof that my brother was left alone resulting in safety order breach

Expert:  Clare replied 2 years ago.
Hi
I see.
Was there any independent evidence of what happened?
Clare
Customer: replied 2 years ago.

no, only my brothers word for it.

Expert:  Clare replied 2 years ago.
Hi
I see the problem.
Have the school raised any concerns about any differences in his behaviour when he spends time in his father's home?
Clare
Customer: replied 2 years ago.

yes.

Expert:  Clare replied 2 years ago.
Hi
What kind of things have they said and when?
Clare
Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Clare replied 2 years ago.
Hi
I am sorry - do you still need assistance - if so I do need to know what the school have said as this may well be the way forward for your mother
Clare