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plclegal, Barrister
Category: Family Law
Satisfied Customers: 8120
Experience:  Barrister at law
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Once in court can a section 47 be downgraded to a section 17

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once in court can a section 47 be downgraded to a section 17 and dismissed from court, if there was a perceived risk but now that risk is gone or unfounded? Baby has been in S20 family placement since June 2019!

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Customer: replied 1 year ago.
I am happy to wait for an answer, thank you.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
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Customer: replied 1 year ago.
Please keep looking I really need an answer! A good family law or care proceedings professional/solicitor/senior social worker would hopefully know. I am happy to wait for a responce. Thank you.

Hello, I’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I will look over this and come back to you shortly with a response.

The s47 process will have come to an end when the court proceedings were instigated. This will now be under the remit of s38 and s31 - interim orders and care orders.

Therefore it is not helpful to try and downgrade the s47 as it's no longer relevant.

I hope this makes sense?

Customer: replied 1 year ago.
Thank you for your reply.
According to the court papers the hearing is a fact finding hearing and a key issue is whether an ICO (interim care order?) Is required.
The baby is still under a S20 voluntary care arrangement.
Surely if circumstances have changed and there is no longer a risk, does this not change the situation? And the family, moving forward, should benefit from support and empowerment rather than further examination/judgement etc.
Thank you, ***** ***** just trying to understand the process, this has been in the court arena since September 2019 and baby under S20 since June 2019.

Is there a current court order I can have a look over?

If there is no risk, then why is s20 still ongoing? As it can be withdrawn at short notice and if it's now proven that there isn't a risk currently the local authority will not succeed in getting an ICO.

What is there a fact finding for if you say there is no risk?

Customer: replied 1 year ago.
The fact finding is to try and determine how baby came to hsve the bruises as the explanation offered by the father has been disbelieved. And my daughter is still with him. The SW parenting assesment says she believes there is no risk to baby moving forward (but can't be sure until the out come of the fact finding)

The there is still a risk as your daughter remains with the father. So nothing will change unless the fact finding exonerates him. I hope that clarifies things?

Customer: replied 1 year ago.
What if they live apart
What if they split up
Would that change my daughter's situation ? Thay both said in their very first court statements that they would be willing to do this if it ment baby could be reunited with my daughter.

Yes, if they separate, then this could change things. The issue will be whether the local authority believe that they can actually separate, or whether they are just saying that they will do this to have the baby come back to your daughter. It's a very difficult thing to simply walk away from a partner that is the father of your child.

When is the fact finding hearing?

Customer: replied 1 year ago.
Thank you for such a quick reply.
I know what you mean, but my daughter has now even mentioned this too me recently and apparently her partner would be in agreement (I have a feeling he might be, deep down, relieved not to have the responsibility) would he still be entitled to contact with bsby though, so my daughter would still see him anyway?The hearing is due mid July with the next irh/chm due on the 4th July ( the psychological report on her partner will be submitted by then too)

If she was to separate from him, and have her baby placed back in her care, any contact with him would be supervised by the local authority and not her. He would not be allowed to be alone with her and the baby.

I imagine with the FFH only 4-5 weeks away the LA would be opposed to a move until the hearing has been concluded for risk of disruption to the baby who will be settled in placement, I'm afraid.

I would suggest the suggestion of separating from him should be put forward but as a plan for reunification should findings be made against the father.

I hope that assists?

Customer: replied 1 year ago.
Thank you, ***** ***** all make sense.
If, as my daughter's solicitor has hinted, there is no evidence to suggest my daughter had anything to do with the injuries (mobile phone analysis shows no collusion etc) and she is willing to leave him, would that potentially take her out of the pool of perpetrators and increase her chances of being reunited with baby and negate the need for a fact finding hearing?

It could take her out of the pool, yes. It would not negate the need for a FFH though as the father's position would still need to be challenged as would her possible collusion (I appreciate there is no evidence on the phone but the LA need to test the case rather than simply saying nothing bout your daughter).

There's no way of getting out of the FFH with non-accidental injuries I'm afraid.

Can I assist further today?

plclegal, Barrister
Category: Family Law
Satisfied Customers: 8120
Experience: Barrister at law
plclegal and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you.
I appreciate your information.
I think that's it for now. I hope your day goes well.

Thanks and you too.