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Hello, I’ve been asked to look at this for you, thank you for your patience.
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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?
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 As it can be withdrawn at short notice and if it's now proven that there isn't a risk currently the local authority will not succeed in getting an ICO.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?
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?
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?
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?
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?
Thanks and you too.