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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My granddaughter is on the autistic spectrum. My

Resolved Question:

My granddaughter is on the autistic spectrum. My granddaughter gave her solicitor instructions, but I believe the solicitor ignored these. How should a solicitor behave towards a client who finds it hard to understand what is happening. My granddaughter has been seen twice by her solicitor but has been sent endless reams of paperwork which she is unable to understand. I also watched my granddaughter take a phone call from her solicitor which took about 10 minutes, at the end I asked her what the solicitor had said and she said she didn't know.... What can I do to help my grandaughter.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

What type of case is it?

Customer: replied 1 year ago.
Interim care order for baby 6 months of age. Grandaughter did not want her daughter to be taken into foster care and therefore asked solicitor to request that the baby be reside with her mother or me. According my grandaughter SS asked for foster care and her solicitor agreed which is not what she wanted. The Judged thanked my grandaughter for mAking the right decision, but my grandaughter said she did not know what decision she had made.
Expert:  Clare replied 1 year ago.

When was the hearing?

Customer: replied 1 year ago.
30.6.2016
Expert:  Clare replied 1 year ago.

When is the next one due?

Customer: replied 1 year ago.
22nd September 2016. IRH 5th December. Interim care order ends 29th December. My daughter is going through 12 weeks of checks to see if she can be a special guardian. My partner and I have just gone through a viability assessment and are awaiting the results. We don't hold out much hope as I am 58 and he is 75. If my daughters SGO is not successful and we are too old then SS have asked for adoption. When SS took the baby on 30.6.16 her mother had a psychotic episode and has been in a mental hospital ever since. Her solicitor had her checked for capacity which showed that she does not have it at the moment. We are hoping she will be discharged to fully supervised care in the next week. My daughter and I have helped SS all the way we agree with them that the mother is unable to care for the baby safely. When my granddaughter had 'melt downs' when she couldn't cope my daughter and I were called by SS to help out or they said they would put her in foster care. We said we didn't want this for the baby and we dropped everything to look after her. My daughter works full time, but she would leave work and fetch the baby and then phone me and ask me to help. On three occasions I came back from Windermere where we have a holiday lodge to Birmingham to look after the baby. On one occasion I drove down one day and took her back with me the next day and looked after her for eight days. I do not understand why we are unable to have her reside with us and allow my granddaughter supervised access. My grandaughter has agreed that she is unable to care for the baby. We have never had any dealings with SS before and do not have a criminal record. I worked in General Practice for 28 years 18 of these as Practice Manager, my partner was a General Practitioner for 35 years in his own practice. Can an interim care order be overturned or does it now have to take its course?? What can I do about my granddaughters solicitor not helping her to understand what is happening, they do not like us looking at the paperwork they send her, but she gives it to us and asks us to read it and explain what it means.....
Expert:  Clare replied 1 year ago.

I am very concerned that the solicitor knows that your grand daughter lacks capacity but does not ensure that she always has someone with her when he sees her.

Frankly the paperwork is almost inexplicable if you are fully well and are not under any stress.

If she lacks capacity then the Official Solicitor should hav ebeen approached. Usuall they will leave the case with the current solicitor - but given the lck of support that can be challenged

Your daughter should never go to see the solicitor without having someone with her who can take notes and check that she has understood what is happening- make an appointment to see him with her as soon as possible and ask that he explain the current situation clearly

Please ask if you need further details

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