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Forum Home > General Discussion > How to fight SS back - during care proceedings

Site Owner
Posts: 59

At this stage a child(ren) will be in the care of ss foster carer's typically under an Interim care Order, renewable every 28 days at court.

The simplest way to overcome this is by making an Application to Discharge the care order on the basis of a demonstrable change & improvement in circumstances from the time the initial care order was made, whether an ICO or EPO, using Form C100, downloadable from the HMCS site.

Couple this with a Freestanding Application under the Human Rights Act, 1998, using Template Form 1 from the sidebar on the <<<  left, <<< completing the details in the brackets to fit your individual circumstances.

The above type of Application is governed by s 39 of the Children Act, 1989, and is also known as a Part IV Application.

There is also an underlying presumption under s 34, governing Contact, where the child(ren) are also entitled to such contact to the birth parents as is reasonable in the circumstances & that this cannot be restricted by SS who typically cite a lack of resources. 

Therefore the purposeful use of increased  'reasonable contact' is the method to rekindle then re-establish the natural bond between the parent & child, via a written Plan for Phased Rehabilitation, and this should become, at least in theory, the preferred strategy to win child(ren) back when care proceedings are still ongoing & no final/full order has been made.  


yusuf   :)

June 30, 2009 at 4:42 AM Flag Quote & Reply

Posts: 6

Hi Yusuf

I wish I knew all of this when I was in care proceedings.



I don't have a personality disorder. I have a personality.


June 30, 2009 at 11:48 AM Flag Quote & Reply

Posts: 3

what ................... now im realy unsure of my soliciters at begining 2 months ago i was told nothing of this he was placed in care . i was never told they had to redo this im led to belive unless i winthe appeal i cant have him... nothing has been said or idicated diferantly .. i even found out taht acourt leter had been sent to a diferant address that states if im not there i t would be still go ahead .. only got the leter eventually after that date... my soliciter just said dont worry now i am as it looks like ive been done over again

November 28, 2009 at 1:05 PM Flag Quote & Reply

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