Justice For Families

They have a child protection order out on my child, a psychiatric report states I am no danger what are my rights? Can they deny me access? Do I have to do as they say?

What type of child protection order, when was it granted, by whom, what grounds? How old is the child? What contact are you requesting?

http://www.highland.gov.uk/socialwork/s ... norder.htm

What has happened?

The Highland Council has a legal duty to look into situations where a child may be in need of compulsory measures of supervision. In most cases this follows on from somebody contacting the Social Work Service saying that they are concerned about the child's welfare. Sometimes the staff who then look into the situations think that the child is suffering, or will suffer, significant harm unless there is action taken to protect the child. This action is called an "emergency protection measure".

This action has been taken in respect of your child.

One of three emergency protection measures has been taken (the person giving you the leaflet from which this information is taken will have explained which one is has been):

* Because a Sheriff was not available to consider an application for a Child Protection Order, a Justice of the Peace was contacted and has decided to authorise emergency protection measures.

* A Police Officer has decided that your child was suffering, or would suffer significant harm unless he/she took immediate action to protect your child by removing him/her to a place of safety. It was not practical for them to contact a Sheriff to apply for a Child Protection Order.

* A Sheriff has made a Child Protection Order. The Sheriff may have given certain directions at the time of the Child Protection Order. These could have to do with your child's contact with you or any other person; or could be about a wide range of other things. The person who gave you a copy of the Order will have told you about any directions given by the Sheriff.

The case sounds like a case in Scotland. I think the OP should be asking for the paperwork and seeing what the limits are and what evidence was used to remove the child.

There was no court hearing, they put the child on the “at risk” register, do the SS have the right to keep me separated from my child?

Absolutely no right whatsoever - not without a court order.

The crutial questions than would help.

1. Where is the child at the moment?

2. Why did you have a psychiatric assessment with no court involvement?

3. When was your last contact with your child?

It seems that there is no order in a sense just the registration of the child onto the risk register.

You need to email emily.wilson-gavin@john.hemming.name with the current situation

that way we would be in a stronger position to help and advise you

Was the order delivered by two sheriff's officers?
Your child will be being held under sect(57)
You should have had another Childrens Panel hearing within 24hrs?

Were you on your own?
Did you not contact a Solicitor?
If so were they refused Legal Aid for them to appear at a panel?

Did you challenge/disagree with the reasons for her removal?
Was there a Guardian allocated at the hearing?
Was the assesment done on their request?

And yes they can stop access but would have to be for a valid reason
and you should be appealling that asap.

If youd lik to pm me, I'll see what I could advise you on.

Now the good part -
You will have to keep every peice of documentstaion.
Start keeping a diary/record of everything that happens, no matter how small.
Try and have a witness there at all times where possible.
Start smiling at them and agreeing with EVERYTHING they say.
eg "What an excellent idea, wished id thought of that"
Start paying them compliments, (stuns the hell out of them)
But more importantly they then cannot say that "your not working with them"
Which is a reason they frequesntly use to stop access.

Good luck
xx Husky xx