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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34122
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My name is***** and I'm writing on behalf of a

Resolved Question:

Hi
My name is***** and I'm writing on behalf of a friend. Her 12 year old brother, C, lives with her on the basis of a Special Guardianship Order, along with her her son (10yrs) and daughter (7yrs). A week ago today she discovered that her brother had sexually abused her daughter and duly contacted the police.
C was arrested and interviewed but not charged. Instead he was bailed into the care of the Local Authority. As she is the only witness neither the police nor the local authority are allowing her to see C even though she holds parental responsibility, and is happy for contact to be supervised. C's mother was murdered last year and his father is homeless and uncontactable.
Two questions:
Bearing in mind that C has not been charged with any offense, cvan the police bail him into the care of the Local Authority without parental consent?
Can the police and social services prevent my friend from having contact with C?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHave the local Authority spoken to your friend at all?
Customer: replied 1 year ago.
Only when she has rung them. No one has visited either so apart from lack of communication they have no idea about his routines, likes dislikes or most importantly his history and the needs arising from that.C has suffers a life time of abuse. His mother was murdered last summer but the trial didn't conclude until a few months ago, and his maternal grandfather is due in court in May charged with 19 counts of sexually abusing children. He also has a diagnosis of ADHD and is in receipt of disability living allowance.C's sister understands that he can't come home until safety plans, and appropriate therapeutic support for both her daughter and C has been put in place. However she believes that the actions of the local authority are likely to do C significant harm and perpetrator or not he is still 12 years old.I didn't realise how angry it makes me, Thanks Moray
Expert:  Clare replied 1 year ago.
I am not surprised - this is absolutely unacceptable.Whatever the circumstances your friend has Parental Responsibility for the child and HAS to be consulted even if there are evidential problems involvedIt appears that there have been no Care proceedings instigated and without those the Social Services have no right to have the child in their care without the agreement of your friend.This is an issue for which Legal Aid is still available and your friend should see a local family law specialist as a matter of urgencyI hope that this is of assistance - please ask if you need further detailsClare
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks
Expert:  Clare replied 1 year ago.
You are welcome - Your friend may find this group helpfulwww.frg.org.uk