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Interim Care Order?

(59 Posts)
KrystalVixxen Sat 24-Nov-12 22:09:58

Quick background - I'm kinda stuck on how to word a statement to the courts regarding the opposition of the renewal of an interim care order - It was granted by the judge and simply told me to write how 'I plan to look after my son' - but I know that the statement has to stay focused on my child - but I don't know where to start - My son was put into care over my refusal to take him to hospital over a 2mm cut in his lip - hes possibly Dyspraxic. They have been using my past upto now to get him into care, even though its now no longer relevant, as nothing they say is the same now as it was then. What will the court be looking for in order to change it to a supervision order or follow the no-order route? Thanks in advance smile

Lougle Sat 24-Nov-12 22:29:01

Can you say a bit more about what led up to your DS being removed? A 2mm cut doesn't sound like a hospital-worthy injury, so I'm wondering what the background is?

cruxible Sat 24-Nov-12 22:30:59

Hi, do you have a solicitor?

KrystalVixxen Sat 24-Nov-12 22:39:06

Lougle - He cut his lip by falling out of bed, I used to live in Birmingham before I moved up north, the SS in the previous location were brought in by the hosuing department as I was made homeless due to violence - they put my DS on a care plan, but eventually I got sick of jumping through constantly moving hoops, their inability to put my son first, and them lying to other professionals (of which i have evidence by the folder-load) When I moved my case was transferred, and the SW came knocking after the school reported a cut on his bottom lip... They came out and checked it, then left. They asked my DS to strip when they were there and could see there was no other injuries on him.. but it upset him and he refused for a good ten minutes before I convinced him to undress.. They called the next day and asked me to take him for a medical to prove it was accidental, and with how upset my son had got the night before, and it only being a minor injury, i refused. So they got an EPO and took him. They then pulled my entire history, including the DV and stuff that had happened before I was even a parent. They said my political beliefs proved I had mental illness, and was a danger to my son. So they were issued with an ICO, and asked me to do psych reports. They then went and told my eldest sons dad that my youngest was in care. Despite them having different parents.

Cruxible - No, I'm a litigant, I'm self employed and earn too much to qualify for legal aid, but not enough to afford a solicitor

Lougle Sat 24-Nov-12 22:42:32

So you moved from one LA to another whilst a care plan was still in place?

Why did the school report the cut if it's only 2mm?

What are your political beliefs?

Sorry..so many questions. It all sounds quite complicated.

KrystalVixxen Sat 24-Nov-12 22:48:57

Lougle - Yes, I was living in a hostel with 2 children, they were going to evict me as I refused a property from them on health grounds for my eldest child - the entire thing was transferred, and one LA took the other to Court for failing to remove my children earlier

He said "mummy did it" - despite saying 10 minutes layer "just kidding"

I'm a Freeman-on-the-land - I believe the Government is corrupt.

It is complicated lol theres a lot more to it than I've been able to type here, those are just the base points to it! lol

Perhaps put in the statement how you will try to prevent injury from happening again, ie bed guards etc? Not sure really but hope you get things sorted, sounds like a nightmare sad

MerryChristMoose Sat 24-Nov-12 22:54:04

Is legal aid for care cases means tested now?

KrystalVixxen Sat 24-Nov-12 23:00:28

MerryChristMoose - Apparently in my case it is - I was a bit dubious about it and thought it was funded automatically. I don't trust solicitors either way

Lougle Sat 24-Nov-12 23:02:44

Ok, so I just had a quick read of 'Freeman-on-the-land'. That's not going to help you much, is it? Obviously, you can't change what you believe (necessarily) but it's not going to reassure SS if you deem the law to be merely a contract and that you aren't bound by it unless you agree to it....it doesn't really work like that!

I've only read a wikipedia entry, but that suggests that you wouldn't get a solicitor because to do so would mean contracting with the state...so that's out anyway, I take it.

I can see, given your beliefs, why you refused the medical, but that wasn't the most sensible move. Done now, though.

School must have had significant concerns, though? My DDs go to school with all manner of bumps, cuts and bruises (especially DD1 who has SN) and not once have school raised concern, although I admit that I always point out particularly 'interesting' bruises, such as the linear bruise on DD1's inner thigh which resulted from her falling awkwardly on the door threshold.

There was one interesting moment when DD3's montessori teacher mentioned that another teacher had noticed DD3 had a black eye. She and I were both relieved when I was able to point out that DD3 has a particularly prominent vein over that eye, and given the fact that she is so little, when her eyes are open the edges of the vein are hidden.

I'm suspecting, from what you've written, that part of SS's case against you is that you have 'no insight' into your 'shortcomings as a parent' and therefore are unable to change? That's the tricky thing. What you see as perfectly valid lifestyle choices and political views, will be seen by SS as an inability to put your children first, from what you've written.

What is a freeman on the land btw? Like an anarchist?

Ah, just googled.
I am surprised you would accept legal aid anyway, under the circumstances, indeed by the state? And I presume your DD's school is also independent?

Sorry that should have said 'funded by the state'

amarylisnightandday Sat 24-Nov-12 23:09:16

If you want to structure your statement you can use the every child matters points as a framework and write how your care meets the 5 outcomes. You can also look at the child concern model if your child has agency supper of some kind - SEN or something - that's when needs identified need to be met by a service and cannot be by the parent.

lisad123 Sat 24-Nov-12 23:13:46

It sounds completed.
You need to say what your child's needs are, and how you plan to meet them.
Have a look at the 5 areas of learning and development.

KrystalVixxen Sat 24-Nov-12 23:18:51

Re: The freeman-on-the-land - I'm not as extremist as some of the stuff you read on here, I'll go into a 'contract' if it is of benefit to my kids, I'd be stupid not to. The whole legal aid thing never came under the consideration of it being from the state, I applied for it but it was refused, but as I'm studying law anyway and have been a litigant on different occasions for civil cases, I wasn't overly concerned about representing myself.

They have an issue with the belief because I asked them on one occasion (they knocked the door in the middle of us all having dinner) If I was oblidged to let them into my house, and if so, under what law. They said I didn't have to, and left. A few days later they arranged to come out, and I let them in. So they said my beliefs were causing varying presentation and that showed instability and mental illness.

I'm not an anarcist - I pay tax, have a driving license and pay business rates and VAT like everyone else, I just don't agree with the totaltarian state it is becoming and that where possible people shouldnt rely on the state -imho. I don't teach this to either of my children, they are free people and have the right to make their own minds up as they grow, a point of view which SS have pointed out in their reports before.

The judge has given me the chance to prove I can look after them, and wants a statement saying how I will do it, my problem is I don't know where to start as it needs to remain on my sons welfare, not writing it to be all me, me, me

quietlysuggests Sat 24-Nov-12 23:24:37

It would impress them, if, at the end of a long statement about your child and his needs, you stated that you have modified your beliefs and no longer describe yourself as freeman of the land. Say that it occurs to you that your beliefs were never that extreme and now that you have done more reading into the situation, you have altered your beliefs.
Just being honest.

Lougle Sat 24-Nov-12 23:33:56

I don't know if this will be of any use - my Adobe Reader is playing up, so I couldn't open it to view it.

Collaborate Sat 24-Nov-12 23:35:00

If the LA are applying for a care order for your child you will be entitled to non-means and non-merit tested legal aid. You don't even need to sign a LA application. Your solicitor completes and signs form CLSAPP5. Something doesn't add up here.

KrystalVixxen Sat 24-Nov-12 23:39:58

Lougle - Thank you, thats give me some really good points to bring through smile

Collaborate - You're telling me? lol

STIDW Sun 25-Nov-12 01:56:42

I'm very glad to hear you aren't an extremist. The last time I heard of Freemen-of-the Land was the Vicky Haigh case. She was found to be unable to put the interests of her child first or accept the authority of the courts. Vicky Haigh and her associate were held in contempt of court and committed to prison. Please don't follow their example and find out the hard way that everyone has to obey the law.

floatyjosmum Sun 25-Nov-12 06:35:55

As collaborate says you will get legal aid - everyone does in care cases. If you don't go down the legal aid route you may get HUGE bills for psychologists etc as the cost is split between all parties and therefore normally paid by legal aid.

The welfare checklist is where you should be looking for statements etc.

JakeBullet Sun 25-Nov-12 06:54:37

Hi Krystal, this is a link to the Wikipaedia entry for Every Child Matters..It gives the five outcomes which all children should have so you have a guide.
If your views are not as extreme as some in your belief then say so in writing, what you wrote further back was good.

Collaborate Sun 25-Nov-12 07:53:56

When I say something doesn't add up, I mean you are not telling the truth about legal aid and acting for yourself. It is a choice you made for yourself rather than, as you would have us believe, something denied you. I find it utterly bizarre that you would lie about it on a forum where you ask that people give their free time to offer help or support to you.

KrystalVixxen Mon 26-Nov-12 00:57:51

Collaborate - kind of a bold accusation to make - I'm not lying. Legal Aid is only available on level 2 hearings - I don't pretend to know what that encompasses, but apparently my case isn't a level 2. I Have spoken to relevant authorities about this, and am waiting for a response. However since my status for legal aid was not included in my question in my original post, I fail to see the relevance.

Everyone else - thank you for the advice, it has given me a good starting point for my statement smile

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