What if I don’t agree with my assessment undertaken by the Social Worker?
As a rule, at the commencement of care proceedings parents are asked if there is anyone else such as a family member or any other significant people in their lives, who are both wishing and willing to be assessed as alternative carers for children who are subject to care proceedings.
Such persons are then considered in the event that it is decided by the Court that the children are unable to return to their parent(s) care.
The early identification of those people who are wishing to be assessed is essential. Given the 26 weeks in which the Court timetable allows the Court proceedings to be conducted, there is no room for delay. It is important that anyone who wishes to be assessed must come forward sooner rather than later and contact Social Care.
The initial assessment is sometimes called a Screening Assessment. Following this, if the assessor recommends further assessment then a Viability Assessment will also be carried out.
So what can I do if the assessment is negative and rules me out as suitable carer for the children?
Well, the first thing is to make sure you ACT QUICKLY and without any delay.
You will have been given a copy of your Social Worker assessment and told by the Local Authority, usually in writing, that there is a specific date by which you must tell them and the Court that you wish to challenge your assessment.
It may be the case that the you believe the facts in the assessment are incorrect, or plainly wrong. Or there may be new information that the assessor needs to consider and subsequently reassess their initial recommendation.
You should make an appointment to seek legal advice from a solicitor whom practices in this specialised field of law. It is important that you take a copy of your assessment report with you to the appointment. They will be able to advise you about attending Court and talk you though the process of challenging your assessment within the proceedings.
If you decide to represent yourself at Court it is still a good idea to seek legal advice about the Court process and what the Court expects you to do if you want to challenge you assessment.
Remember, act quickly!
Let the Court know as soon as possible that you wish to challenge your assessment otherwise you may be out of time...
If you would like to discuss matters relating to this post further, please contact us on 0800 011 6666.