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Clare, Solicitor
Category: Law
Satisfied Customers: 35088
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can I get legal aid to appeal against a care order made in

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Can I get legal aid to appeal against a care order made in September last year. And to discharge a prohibited steps order, my son is going off the rails in foster care he's not engaging with me, and being very negative about discussion to come home or improve his care he has reduced contact with me based on his wishes and feelings and won't listen to any adults around him , he's emotionally withdrawn and rejects me and any support given he's just happy to live alone in care and the foster carer allows him to do as he pleases as long as his not eude to her and abides by her rules communication outside that environment is very difficult hes 14 years old and all my friends and family are in kenya, I don't want him sent to kenya but allowed to visit regularly without a prohibited steps order in place . I would also like to reassessment to persuade him to come back home or if there's any way I can connect with him more regularly, I have changed since they took him in 2012 I can look after him if given a chance. I can't cope with him being in foster care for another 4 years. Please help.

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 was the reason the Care Order was made and what does the Prohibited Steps cover?

Customer: replied 1 year ago.
The care order was made because I am under mental health services suffering from depression and I have been assessed by the LA as unable to look after my son due to the danger of him suffering significant harm
The prohibited steps order covers that he should not be removed from the UK for a maximum of 6 weeks a year
I feel like the child is suffering emotionally in care but has refused to come back home and is rejecting regular contact he his happy to go along with any thing the LA prosposes and says even if it is not in his best interest
I just can't sit back and need to challenge the LA about his care plan
I feel there must be greater family involvement since the child has a mother that loves him so much I can't sit and watch things go wrong in foster care.

Will your CPN confirm that your mental health has improved?

Customer: replied 1 year ago.
but my review is in September and they are saying its up to social services, so am not sure what the final report will be

When did you last see you son and when is the next LAC review?

Customer: replied 1 year ago.
I see my son once a week even though am allowed to see him more these are his wishes and feelings since a month ago he says hes busy and resisting me yet am the only person who can make him embrace discipline and good behaviour required in a family setting and connection to his roots and heritage. The next LAC review is in December. I had asked for overnight stay even just once a month but my son wont embrace this he just wants to do as he pleases and am not happy about his care. He also has a mentor whom he treats the same way hes not engaging with all the services provided and in his placement his left on his own just sits at home thats when he comes to me on a sunday because hes bored and the foster carer seems to need a lot of respite which my son wont understand I can take over because social services don't encourage him.Please help I am worried about him and the care and that they aren't promoting contact even the chils social Worker doesn't see a cause for concern.

For clarity - do you mean you last saw him a month ago?

Customer: replied 1 year ago.
The last time I saw him was on 4th of August, he's on holiday for 3 weeks in Kenya at the moment. I do see him once a week

When is he due back?

Who is he with?

Customer: replied 1 year ago.
He lives with the foster carer and I see him when he wants to see me. It should be twice a week but sometimes he only wants once a week and I have tried to get overnight contact but my son just won't agree to it and the local authority haven't agreed to this either I am having problems connecting with my son due to the foster carer, she doesn't encourage or communicate properly with him. But he's in foster care. He's my only child.

Who has he gone to Kenya with?

Customer: replied 1 year ago.
He went to Kenya alone but my mother has an SGO but has since relocated to Kenya in March 2016 due to pressure and to look after her elderly husband . He went to see his grandparents alone and has now returned. There is a prohibited steps order which prevents him from living with his family in kenya and I don't think he would agree to leave his education in the UK and go to Kenya. I feel abandoned because his grandmother, who is 70 will not leave kenya and come back to look after him for another 4 years. How can I appeal the prohibited steps order, so he can live with family back home or how can I appeal to have him back with me in the UK.

Are you still under the care of a CPN?

Customer: replied 1 year ago.
Yeah, but I want to complain against the police and NHS to have my diagnosis removed or changed they are forcing me to take drugs that I don't need and threatening me with not being able to see my son if I don't engage with them and social services as well

Are you actually taking your drugs?

Customer: replied 1 year ago.
Yeah, I actually go for depot every month but am scared if I stop things will get worse for me with social services, what do you think I should do am tired of taking drugs, it's been a few years now and I don't see the difference how do I quash my diagnosis and live a normal life again as the treatment is making my life worse am trying to complain to the NHS about it meanwhile I don't know what to do?

If you wish to be in a position to have your child with you again then you must commit to taking the drugs indefinitely and persuade the medics that you will do so.

It is unlikely that you will be able to change the existing arrangements prior to the next LAC review.

If when he comes back your son has changed his mind about living in Kenya then you could make an immediate applictaion to lift the Prohibited Steps Order but I am afraid that unless this is the case there is no point in doing so

However if your health continues to improve then you can apply to increase the Contact - with a view to rehabilitation with you in due course

Please ask if you need further details

Customer: replied 1 year ago.
How do I get rehabilitation?

If your health is stable and the overnight Contact starts and continues (at his request) then you can apply to the court for him to be returned to your care

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.