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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34906
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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We have a child placed with us and going through adoption but

Customer Question

We have a child placed with us and going through adoption but made a mistake by leaving her in the car whilst popping in a shop.the police were called and report was sent into social services.on arriving home we immediately reported the incident but the child was not removed.this was on 12the June, today we have been told they are removing the child. Is it worth appealing.she has been in our care for 10 months and this the only issue.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Given that the Police were called - how long were you gone and how old is the child?
Customer: replied 3 years ago.

The little one is 10 months and was approximately 15 mins the window was slightly open car was locked sunshade Down

She was not taken into care immediately as we assumed would happen when we contacted social services


Customer: replied 3 years ago.

We are still awaiting an update from you

Expert:  Clare replied 3 years ago.
My apologies for the delay.
How far as the process reached?
Customer: replied 3 years ago.

We have a placement. Order but not final court order.


Expert:  Clare replied 3 years ago.
Has there been a final Care Order regarding the child?
Customer: replied 3 years ago.

We have,placement order and our papers were served to the courts in march.there was a,delay as social services made a mistake in relation to the fathers name on the birth certificate which it was not this was known in November.if this had not happened the adoption order would have been granted by now as the parents had no grounds to appeal.therefore we would not be in this position

Expert:  Clare replied 3 years ago.
In fairness you could instead have been facing Care Proceedings yourself.
The question is whether or not this action would have been sufficient for the child to be taken into care if you were the legal parent.
I actually think probably not - although it would have flagged up Child Protection issues - which could suggest that an appeal is worthwhile - however the counter argument is that you should certainly have known better that to have done this - and if you were willing to do this whilst Social Services are still involved what could happen once they are not.
So those are the arguments you face - only you know the full facts of what I am afraid does seem on the face of it blatant neglect and only you know if you feel it is worth fighting it until the bitter end.
Please ask if you need further details