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FtT and Social Services
Hi,
I’m repping a client for a PIP appeal and due to the nature of circumstances, the client is worried that social services may get involved post-hearing. It is not something that I have come across before and with the kids being the client’s protective factor I just need to triple check what the tribunal’s remit is on safeguarding issues.
Thanks.
You’re going to need to provide a little more information, I’m afraid…..
If the concern is that the client’s health problems and disabilities mean that they struggle to care for their children by themselves and need help from friends and family, it’s a non-issue and your client has nothing to worry about. In the old days of DLA care component I argued (and succeeded with) any number of appeals where part of what was in issue was the client’s requirement for attention with the ‘bodily function’ of caring for their baby - e.g. they were able to wash the baby, but due to physical disabilities needed the help of another person to lift the baby onto a table and into the baby bath, or with a toddler, needed the child to be lifted onto mother’s lap by someone else so she could read to him. Never any question of the tribunal reporting those issues to social services.
If, however, there is real evidence or concern of the children being neglected or being physically or emotionally abused, that would be different. If that were the case, however, you’d be under an obligation to report it to social services yourself, never mind the tribunal.
You’re going to need to provide a little more information, I’m afraid…..
If the concern is that the client’s health problems and disabilities mean that they struggle to care for their children by themselves and need help from friends and family, it’s a non-issue and your client has nothing to worry about. In the old days of DLA care component I argued (and succeeded with) any number of appeals where part of what was in issue was the client’s requirement for attention with the ‘bodily function’ of caring for their baby - e.g. they were able to wash the baby, but due to physical disabilities needed the help of another person to lift the baby onto a table and into the baby bath, or with a toddler, needed the child to be lifted onto mother’s lap by someone else so she could read to him. Never any question of the tribunal reporting those issues to social services.
If, however, there is real evidence or concern of the children being neglected or being physically or emotionally abused, that would be different. If that were the case, however, you’d be under an obligation to report it to social services yourself, never mind the tribunal.
What he said, spot on.
You’re going to need to provide a little more information, I’m afraid…..
If the concern is that the client’s health problems and disabilities mean that they struggle to care for their children by themselves and need help from friends and family, it’s a non-issue and your client has nothing to worry about. In the old days of DLA care component I argued (and succeeded with) any number of appeals where part of what was in issue was the client’s requirement for attention with the ‘bodily function’ of caring for their baby - e.g. they were able to wash the baby, but due to physical disabilities needed the help of another person to lift the baby onto a table and into the baby bath, or with a toddler, needed the child to be lifted onto mother’s lap by someone else so she could read to him. Never any question of the tribunal reporting those issues to social services.
If, however, there is real evidence or concern of the children being neglected or being physically or emotionally abused, that would be different. If that were the case, however, you’d be under an obligation to report it to social services yourself, never mind the tribunal.
The client has quite possibly one of the worst PTSD cases I’ve dealt with, coupled with GAD and a history of violence leads to aggressive or fearful behaviour. However, this behaviour has never been aimed at the kids and there is no evidence to the contrary. As mentioned, the client’s number one priority is the kids and puts them before self. I’ve personally seen them and there are no signs of neglect or abuse. Although they have no other family, they are well supported by the school and GP and this should really quash any worries.
The client rarely sees it that way and is paranoid that the kids will be taken away. I just needed to know, I guess for mine and the client’s peace of mind, if a tribunal has a duty to report to social services should they misconstrue the situation.
Yes, Tribunals have safeguarding obligations the same as everyone else. I have addressed safeguarding issues separately to the main appeal issue in previous submissions; perhaps you can do that to allay fears?
School and GP will have already considered whether to refer to local Childrens’ Services.
He’s got nothing to worry about; this is a non issue.
I have only had this raised once at a Tribunal and it was a PO who said that if the clients problems were as bad as she said they were then she probably shouldn’t have custody of her children. It was the most horrifying utterance from a PO I have heard. It was not entertained by the Tribunal and absolutely nothing came of it after.
I have only had this raised once at a Tribunal and it was a PO who said that if the clients problems were as bad as she said they were then she probably shouldn’t have custody of her children. It was the most horrifying utterance from a PO I have heard. It was not entertained by the Tribunal and absolutely nothing came of it after.
Ooh, how about a PO with “There’s no such thing as 24 hour care” to a bloke caring for 2 kids in wheelchairs with round the clock epilepsy. Client had to be restrained.