Dear Susanne
My name is John Swinburne, founder and leader of the Scottish Senior Citizens Unity Party. I served as an MSP for Central Scotland in Holyrood from 2003 to 2007. It was during this time that I first met Jimmy Deuchars and came into contact with his excellent 'Grandparets Apart' organisation.
Our Party the SSCUP fully endorse the stance which they are taking with regard to their Charter and I would urge you to give serious consideration to supporting this campaign from your position of authority.
Grandparents, for example, in the vast majority of cases could quickly spot any abuse of their own grandchildren and it is essential that everything possible is done to enable grandparents to have the legal right of access to their own grandchildren as this would be to their mutual benefit.
Thank you for giving your valuable time to this important issue.
Best regards
John Swinburne
Wednesday, June 30, 2010
Tuesday, June 29, 2010
The Charter for Grandchildren. (The Final Stage)
Dear All
We have received a latter from Mr David Crawford Head of Glasgow Social Services saying he will be sending a report on this issue to Ms Suzanne Millar (below)
Dear Mr Deuchars
Thank you for this correspondence.
I would be interested in more information on which section of the Scottish Government or Executive developed the Grandchildren's Charter. I would also be interested in which current Social Work Policies or procedures you think require to be changed to ensure their coherence with the Grandchildren Charter.
Yours sincerely
Susanne Millar
Head of Practice Audit/Children and Families
Susanne.Millar@glasgow.gov.uk
I have sent Ms Millar the information required to implement The Charter for Grandchildren. Now it is your chance to let her know why our grandchildren need their grandparents in their lives. When the Charter is totally in place we will be contacting every Council in Scotland to follow suit. Then on to Engerland, Wales and Ireland.
What is, ‘The Charter for Grandchildren’?
The Charter for Grandchildren is for everyone especially professionals like social services to look more closely at the role grandparents can play in their grandchildren’s lives for their physical, mental, emotional and spiritual welfare. To keep children in a stable home environment and prevent them going into care or to strangers. It has been proven that most children brought up in care are non-achievers and turn to gangs and crime because of the lack of family values in their lives.
The treatment of children depends on whether they are the thugs or good citizens of the future.
Where did it come from?
The Charter for Grandchildren was created by a Scottish Government by consulting a stakeholders group made of of various children’s agencies and Grandparents Apart UK.
Why was it created?
Grandparents Apart UK presented evidence to the government that children were being deprived of their grandparents love, affection and protection because the law states that grandparents have no legal rights to their own grandchildren. A vote in the Scottish Parliament for grandparents to have legal right of contact was defeated by the Scottish Labour Party instructing its member to vote against it. Because of the strong evidence presented the government realised there was an urgent need for recognising the role grandparents can play in children’s lives and opted for the Charter for Grandchildren but only in advisory form.
The Charter for Grandchildren does not in any way impinge on parental rights. We believe Parents always come first in a child’s life and grandparents a close second if the parents are absent or are not able to look after them.
About the Charter.
The government spent £30000 00p on advertising the charter but it was a drop in the ocean. The Charter for Grandchildren has been heavily promoted and monitored by us Grandparents Apart UK with a £10k grant from the Big Lottery in a tour of Scotland and the evidence shows that professionals especially social services have not been adhering to the advice given in the Charter and grandparents are still being by passed for fostering /adopting their grandchildren. Going to strangers which destroys their stability and respect of society..
Has anyone accepted the Charter?
Yes, Glasgow City Council accepted the Charter on 18th February 2010 and it is now in the hands of the Glasgow Head of social services . On 19th June 2010 they sent us a letter, Quote, it is my intention to take a report on this issue to Suzanne Millar the Education, Children and Family Policy Committee in August. Unquote. I’m sure Ms Millar would be happy to hear your story on the need for The Charter for Grandchildren.
As the Charter for Grandchildren was created by a Government with the best legal teams in the country and The City of Glasgow Full Council agreeing with it we are delighted that our grandchildren should at last have our support. Anything that protects children in the rising figures of child abuse amid the drug and alcohol problems of today should be jumped at. Of course the cost. Grandparents are often more than willing to take care of their grandchildren with huge savings to the public purse.
Jimmy Deuchars
Grandparents Apart UK
22 Alness crescent
Glasgow G52 1PJ
0141 882 5658
http://www.grandparentsapart.co.uk
The' Haggis'
There are two types of Haggis.
1, The Mountain Haggis found in the really high mountains of Scotland. The size of a big cat, usual colour is brown. It is very fierce and only the bravest of Highlanders will attempt to capture them. They have a long furry coat for the severest of winters and have two longer legs on one side for running round mountains.
2, The Lowland Haggis found around all lowland locations. They vary in size and have a smooth coat and have four legs all of the same size. They are very plentiful and usually habituate all the tourist locations. But beware they have a nasty bite Bite.
Sunday, June 27, 2010
Grandparents leave to appeal for contact rights.
Sent 27th April reply 11th June. Better late than never.
Department for
Education
Mrs Barbara I…
Oxfordshire
Castle View House East Lane Runcorn Cheshire WA72GJ
tel: 0870 000 2288 www.education.gov.uklcontactus
Our ref: 2010/0040042 Il June 2010
Dear Mrs I--------
Thank you for your Jetter of 27 April addressed to David Cameron MP. Your letter has been passed to the Department for Education (Of E) as we have responsibility for policy on child contact arrangements, including with grandparents. I have been asked to reply and apologise for the delay.
Firstly I would like to express my deep sympathy for the loss of you son. I appreciate this must be a very difficult time for you and your husband. As [ am sure you can appreciate, Government officials cannot comment on or become involved in the details of individual cases. If you have not already done so, you may find it helpful to visit the new BeGrand website at: www..b~-9rc:l.Dd:.o.et which provides information and advice for grandparents on a range of topics including family law and contact with grandchildren.
In your letter, you asked about the Government's policies to help grandparents and families maintain contact, particularly after bereavement. We believe that grandparents can play an important role in children's lives. Many grandparents are involved with the care of their grandchildren and most children see their grandparents as important figures in their lives.
In recognition of this important role, particularly in cases of parental separation or bereavement, the Coalition Government recently announced that we will conduct a comprehensive review of family law in order to look at how best to provide greater access rights to non-resident parents and grandparents. The Review is due to conclude in 2011.
In your [etter, you state that you are unhappy with the way in which you have been treated by social services. The Children Act 1989 places a duty on Social Services to safeguard and protect children. It is not clear if you are aware that you have the right to make a formal complaint under the 'Local Authority Complaints Procedure'. You may therefore wish to consider writing to either the Director of Social Services or the Designated Complaints Officer for the authority in which your grandchildren have been placed. They must then consider the complaint, appointing at least one person independent of the local authority to take part in dealing with the issues raised and provide you with a written response within 28 days. In addition, there is the option of applying for contact through the family courts. Under the current legal framework, grandparents and other family members usually need to seek the permission of the court to apply (known as seeking "leave" of the court).
The requirement for the courts permission is not designed to be an obstacle to grandparents or other close relatives but to act as an initial filter to sift out prejudiced applications that are unlikely to succeed. Experience suggests that grandparents (or other interested relatives) would not usually experience difficulty in obtaining permission where their application is motivated by a genuine concern for the children. While grandparents may seek the leave of the court to apply for contact, it is usually a more fruitful route to work with those other individuals and organisations involved in the children's care to ensure that they have ongoing
contact where it is in their best interests.
I hope that you find this information helpful. I am copying this response to Henry Bellingham MP.
Yours sincerely
Janet McNamara
Public Communications Unit
Saturday, June 26, 2010
Child sexual abuse.
A report by Sheen McDonald. Discussed on BBC radio Scotland’s Ask Kaye. That child sexual abuse has not changed in 25 years.
Are they using the right methods of detection?
You would need to be a fly on the wall to spot child sexual abuse because it goes on behind closed doors. Grandparents are excellent for early detection of child abuse because of their unique insight to their own family’s shortcomings. The Charter for Grandchildren could help save a lot of these kids by recognising more the important role grandparents can play in children’s lives. they are the only people with half a chance to put a spot abuse. It is well known that children confide in their grandparents for all sort of things, usually childish but our grandparents have spotted abuse and must be heeded more by social services.
Are they using the right methods of detection?
You would need to be a fly on the wall to spot child sexual abuse because it goes on behind closed doors. Grandparents are excellent for early detection of child abuse because of their unique insight to their own family’s shortcomings. The Charter for Grandchildren could help save a lot of these kids by recognising more the important role grandparents can play in children’s lives. they are the only people with half a chance to put a spot abuse. It is well known that children confide in their grandparents for all sort of things, usually childish but our grandparents have spotted abuse and must be heeded more by social services.
Friday, June 25, 2010
Grandparents are at the heart of children’s lives
By Gary Moug
Sunday Post
In My View
By Jimmy Deuchars,
Head of Grandparents Apart UK
DEPUTY PRIME Minister Nick Clegg revealed plans last week for grandparents to get stronger rights to step in and help children when parents break-up.
He said it was “crazy” that the wider family did not feel they could intervene in such situations, and the UK Government is setting up a Childhood and Families Ministerial Task Force.
It’s difficult to express the importance of grandparents to a child’s life. They are the biggest carers of children in this country — but for too long, they haven’t had a role to play as far as the law is concerned. When social services turn at their doorstep at 2 am, asking if they can take in their grandkids due to some problem or other, very few will refuse. When there are troubles in a household, for example a parent is unable to look after their kids due to a drug problem, grandparents are often first in line to step in and help out.
We can prevent children from going into care, and provide a warm home and stable environment. Children can either grow up to be thugs or good citizens and much of that comes down to what happens to them in childhood.
When parents spilt up, and children are involved, it’s not the role of grandparents to take sides. The role is to mediate and act in the best interests of the children.
Today’s grandparents tend to be younger and fitter than in previous generations. Of course, people are living longer so there are more years to spend with one another. I only knew one of my grandparents, and even then it was only for a short period. I feel like I missed out.
It may surprise some people to learn that I don’t believe in automatic legal rights for grandparents. However, courts and social services do need to give grandparents more consideration than at present when making assessments about children’s lives. They cannot underestimate the loving and supporting role grandparents can play.
I’ve seen some ridiculous situations, like one judge preventing someone who he admitted was a “loving, caring grandmother” from seeing her grandchildren because of animosity between her and her daughter.
I have six grandchildren myself, ranging in age from 18 to three. They are my treat and my wife Margaret and I see them as often as we can. Having grandchildren is pure love, pure innocence. It gives us a second trip around. We get all the enjoyment of children, but without so much responsibility!
When a grandparent loses touch with their grandchildren, it is absolutely heartbreaking. They are left feeling confused and vulnerable. It’s like a bereavement, but without any closure. I know myself how easy it can happen. My daughter died of breast cancer, leaving two young children behind.
After a few years, their dad met a new woman and moved down south with the kids. His new partner didn’t want anything to do with us and we were gradually cut out of our grandkids’ lives to the point where we had to hire a lawyer. Thankfully, everything was sorted in the end but we’ll never forget the pain and hurt.
I know of so many similar devastating tales. There was one woman who lost her daughter to a brain tumour. In the aftermath of her death, emotions were running high and she fell out with the paternal family, resulting in her losing contact with her grandkids. She contacted our charity and we helped arrange a mediation session, which resulted in a terrific reconciliation. But not everyone gets such a happy ending. I know of one woman who fell out with her daughter, was banned from seeing her five grandchildren, and later found out they were being ill-treated in a dreadful abuse case.
Many others spend the final years of their lives heartbroken at being unable to see their flesh and blood grow up, and share in their experiences.
But I don’t believe courts are the best place to resolve family problems. Mediation is more preferable. And while I will always champion the cause of grandparents, it’s important they accept that children belong to parents. Many conflicts arise because grandparents don’t know when to back away. They may think they know better due to their experience, but things change. Modern parents are more educated and pick up things from antenatal classes. Modern methods of bringing up children may clash with those of previous generations.
But parents must be able to raise their own children, without interference.
ENDS
Sunday Post
In My View
By Jimmy Deuchars,
Head of Grandparents Apart UK
DEPUTY PRIME Minister Nick Clegg revealed plans last week for grandparents to get stronger rights to step in and help children when parents break-up.
He said it was “crazy” that the wider family did not feel they could intervene in such situations, and the UK Government is setting up a Childhood and Families Ministerial Task Force.
It’s difficult to express the importance of grandparents to a child’s life. They are the biggest carers of children in this country — but for too long, they haven’t had a role to play as far as the law is concerned. When social services turn at their doorstep at 2 am, asking if they can take in their grandkids due to some problem or other, very few will refuse. When there are troubles in a household, for example a parent is unable to look after their kids due to a drug problem, grandparents are often first in line to step in and help out.
We can prevent children from going into care, and provide a warm home and stable environment. Children can either grow up to be thugs or good citizens and much of that comes down to what happens to them in childhood.
When parents spilt up, and children are involved, it’s not the role of grandparents to take sides. The role is to mediate and act in the best interests of the children.
Today’s grandparents tend to be younger and fitter than in previous generations. Of course, people are living longer so there are more years to spend with one another. I only knew one of my grandparents, and even then it was only for a short period. I feel like I missed out.
It may surprise some people to learn that I don’t believe in automatic legal rights for grandparents. However, courts and social services do need to give grandparents more consideration than at present when making assessments about children’s lives. They cannot underestimate the loving and supporting role grandparents can play.
I’ve seen some ridiculous situations, like one judge preventing someone who he admitted was a “loving, caring grandmother” from seeing her grandchildren because of animosity between her and her daughter.
I have six grandchildren myself, ranging in age from 18 to three. They are my treat and my wife Margaret and I see them as often as we can. Having grandchildren is pure love, pure innocence. It gives us a second trip around. We get all the enjoyment of children, but without so much responsibility!
When a grandparent loses touch with their grandchildren, it is absolutely heartbreaking. They are left feeling confused and vulnerable. It’s like a bereavement, but without any closure. I know myself how easy it can happen. My daughter died of breast cancer, leaving two young children behind.
After a few years, their dad met a new woman and moved down south with the kids. His new partner didn’t want anything to do with us and we were gradually cut out of our grandkids’ lives to the point where we had to hire a lawyer. Thankfully, everything was sorted in the end but we’ll never forget the pain and hurt.
I know of so many similar devastating tales. There was one woman who lost her daughter to a brain tumour. In the aftermath of her death, emotions were running high and she fell out with the paternal family, resulting in her losing contact with her grandkids. She contacted our charity and we helped arrange a mediation session, which resulted in a terrific reconciliation. But not everyone gets such a happy ending. I know of one woman who fell out with her daughter, was banned from seeing her five grandchildren, and later found out they were being ill-treated in a dreadful abuse case.
Many others spend the final years of their lives heartbroken at being unable to see their flesh and blood grow up, and share in their experiences.
But I don’t believe courts are the best place to resolve family problems. Mediation is more preferable. And while I will always champion the cause of grandparents, it’s important they accept that children belong to parents. Many conflicts arise because grandparents don’t know when to back away. They may think they know better due to their experience, but things change. Modern parents are more educated and pick up things from antenatal classes. Modern methods of bringing up children may clash with those of previous generations.
But parents must be able to raise their own children, without interference.
ENDS
Tuesday, June 22, 2010
For dads and grandparents
THE DAY I WAS BORN
Today I am one day old, I have a wonderful loving mum and dad and how they play with me, I giggle so much.
Today I am one year old I still have a mum and dad who love and play with me
Now I am a little boy/girl and I go to school to learn and I have many friends and we play oh how we play and we are so happy, I wish my mum and dad could play together and be happy just as they were the day I was born.
Now I have to live with my mother because my mum and dad no longer play together, mum tells me daddy does not want to see or play with me any more, I do miss my dad, and I am not allowed any more to see my daddies mum and dad, I did love to play with my grandparents and they told me wonderful stories, so now I only have my friends at school to play with.
I have been told if I am not good social services could take me away and send me to a knew mum and dad, I wonder if they will play with me like my mum and dad use to.
I am confused. Should I have a new mum and dad, or stay with my mum, but I do miss my dad. Why cant mums and dads stay friends like me and my friends. My nights are so lonely dad use to tell me a bedtime story, but that has gone when dad left, I do beg mum to let me see my dad and grandparents, but I have stopped asking, because my mum hates my dad and his family, and I know I could be in trouble to keep asking, because you see I am only a child and I am not given a voice and under the International human rights even as a child I should be allowed to say what I want and who I want to live with.
I am now a very big person, and when I did find my dad, I felt as he did not want me when I was little, I did not need him now, as I turned to leave, he said, please listen to me, to hear dad tell me why we did not play when I was growing up, bought tears to my eyes and my heart full of pain. Such a waste of my little years growing up with no dad. But now I have my dad and we play and giggle just like the day I was born.
Just a thought for all dads and grandparents
MAGGIE TUTTLE
Today I am one day old, I have a wonderful loving mum and dad and how they play with me, I giggle so much.
Today I am one year old I still have a mum and dad who love and play with me
Now I am a little boy/girl and I go to school to learn and I have many friends and we play oh how we play and we are so happy, I wish my mum and dad could play together and be happy just as they were the day I was born.
Now I have to live with my mother because my mum and dad no longer play together, mum tells me daddy does not want to see or play with me any more, I do miss my dad, and I am not allowed any more to see my daddies mum and dad, I did love to play with my grandparents and they told me wonderful stories, so now I only have my friends at school to play with.
I have been told if I am not good social services could take me away and send me to a knew mum and dad, I wonder if they will play with me like my mum and dad use to.
I am confused. Should I have a new mum and dad, or stay with my mum, but I do miss my dad. Why cant mums and dads stay friends like me and my friends. My nights are so lonely dad use to tell me a bedtime story, but that has gone when dad left, I do beg mum to let me see my dad and grandparents, but I have stopped asking, because my mum hates my dad and his family, and I know I could be in trouble to keep asking, because you see I am only a child and I am not given a voice and under the International human rights even as a child I should be allowed to say what I want and who I want to live with.
I am now a very big person, and when I did find my dad, I felt as he did not want me when I was little, I did not need him now, as I turned to leave, he said, please listen to me, to hear dad tell me why we did not play when I was growing up, bought tears to my eyes and my heart full of pain. Such a waste of my little years growing up with no dad. But now I have my dad and we play and giggle just like the day I was born.
Just a thought for all dads and grandparents
MAGGIE TUTTLE
Monday, June 21, 2010
What is, The Charter for Grandchildren?
The Charter for Grandchildren is for everyone especially professionals like social services to look more closely at the role grandparents can play in their grandchildren’s lives instead of treating them as irrelevant persons. To keep children in a stable home environment and prevent children going into care or to strangers. It has been proven that most children brought up in care are non-achievers and turn to gangs and crime because of the lack of family in their lives.
Where did it come from?
The Charter for Grandchildren was created by a Scottish government by consulting a stakeholders group made of of various children’s agencies and Grandparents Apart UK.
Why was it created?
Grandparents Apart UK presented evidence to the government that children were being deprived of their grandparents love, affection and protection because the law states that grandparents have no legal rights to their own grandchildren. A vote in the Scottish Parliament for grandparents to have legal right of contact was defeated by the Scottish Labour Party instructing its member to vote against it. Still because of the strong evidence the government realised there was an urgent need for recognising the role grandparents can play and opted for the Charter for Grandchildren but only in advisory form.
The Charter for Grandchildren does not in any way impinge on parental rights. Parents always come first in a child’s life and grandparents a close second if the parents cannot or are not available.
How far has it progressed?
The government spent £30000 00p on advertising the charter but it was a drop in the ocean. The Charter for Grandchildren has been heavily promoted and monitored by Grandparents Apart UK and the evidence shows that professionals especially social services have not been adhering to the advice given in the charter and children have still been fostered /adopted to strangers which is not in their best interests.
Has anyone accepted the Charter?
Yes, Glasgow City Council accepted the charter on 18th February 2010 and it is now in the hands of the Glasgow Head of social services who are dragging their heels and reluctant to change their policies not even for the welfare of children until 19th June 2010 when they sent us a letter, Quote, it is my intention to take a report on this issue to the Education, Children and Family Policy Committee in August. Unquote. I take that to be this year.
As the Charter for Grandchildren was created by a Government with the best legal teams in the country and The city of Glasgow Full Council accepting it we wonder what there is to consider for the head of social services. Anything that protects children in the rising figures of child abuse and abuse of drug and alcohol problems should be jumped at.
Where did it come from?
The Charter for Grandchildren was created by a Scottish government by consulting a stakeholders group made of of various children’s agencies and Grandparents Apart UK.
Why was it created?
Grandparents Apart UK presented evidence to the government that children were being deprived of their grandparents love, affection and protection because the law states that grandparents have no legal rights to their own grandchildren. A vote in the Scottish Parliament for grandparents to have legal right of contact was defeated by the Scottish Labour Party instructing its member to vote against it. Still because of the strong evidence the government realised there was an urgent need for recognising the role grandparents can play and opted for the Charter for Grandchildren but only in advisory form.
The Charter for Grandchildren does not in any way impinge on parental rights. Parents always come first in a child’s life and grandparents a close second if the parents cannot or are not available.
How far has it progressed?
The government spent £30000 00p on advertising the charter but it was a drop in the ocean. The Charter for Grandchildren has been heavily promoted and monitored by Grandparents Apart UK and the evidence shows that professionals especially social services have not been adhering to the advice given in the charter and children have still been fostered /adopted to strangers which is not in their best interests.
Has anyone accepted the Charter?
Yes, Glasgow City Council accepted the charter on 18th February 2010 and it is now in the hands of the Glasgow Head of social services who are dragging their heels and reluctant to change their policies not even for the welfare of children until 19th June 2010 when they sent us a letter, Quote, it is my intention to take a report on this issue to the Education, Children and Family Policy Committee in August. Unquote. I take that to be this year.
As the Charter for Grandchildren was created by a Government with the best legal teams in the country and The city of Glasgow Full Council accepting it we wonder what there is to consider for the head of social services. Anything that protects children in the rising figures of child abuse and abuse of drug and alcohol problems should be jumped at.
Grandparents welcome dialogue in Family Law
Dear Friends and Members
Nick Clegg the Deputy Prime Minister has in my opinion opened up a dialogue in Family Law, which I welcome but giving grandparents legal rights to see their children is one step too far at this moment in time.
Grandparents should not have rights over parents as this would alienate some parents who themselves cannot see their children and other parents who consider that their children’s grandparents are not suitable nor appropriate to have contact with children at all.
What is needed is a change in the thinking of people so that children are taking out of the equation altogether so that it is the norm that children are allowed to see the ones they love and who love them.
We in Grandparents Apart Wales believe this is the modern way to go where the love and protection of children is spread through out the family and does not become an issue between parents who fall out of love with each other.
Children need more than a tick box mentality and Social Services and the courts should ensure their interests come first and not just pay lip service to it.
The attachment is a letter to the North Wales Weekly News and I hope they print it.
I hope you all have a good week.
Frank
Grandparentsapartwales.co.uk
Nick Clegg the Deputy Prime Minister has in my opinion opened up a dialogue in Family Law, which I welcome but giving grandparents legal rights to see their children is one step too far at this moment in time.
Grandparents should not have rights over parents as this would alienate some parents who themselves cannot see their children and other parents who consider that their children’s grandparents are not suitable nor appropriate to have contact with children at all.
What is needed is a change in the thinking of people so that children are taking out of the equation altogether so that it is the norm that children are allowed to see the ones they love and who love them.
We in Grandparents Apart Wales believe this is the modern way to go where the love and protection of children is spread through out the family and does not become an issue between parents who fall out of love with each other.
Children need more than a tick box mentality and Social Services and the courts should ensure their interests come first and not just pay lip service to it.
The attachment is a letter to the North Wales Weekly News and I hope they print it.
I hope you all have a good week.
Frank
Grandparentsapartwales.co.uk
Sunday, June 20, 2010
Brave granny 72 travels over 1000 miles to reconcile with her granddaughter.
“ I saw Jimmy and Margaret Deuchars of Grandparents Apart UK talking on GMT TV about grandparents losing contact with their grandchildren and immediately felt a warmness from them and after a while I felt a compulsion to contact them. I Explained to them that I lost my daughter to a brain illness and because of the devastation and mixed emotions I lost contact with my granddaughter and her paternal family. I felt It was the end of my world and being on my own I was so confused and in so much pain I didn’t know where to turn.
Jimmy and Margaret were very reassuring and understanding and after a time invited me to come up to Scotland to try and reconcile with my granddaughters family who had moved from England to Scotland.
Jimmy said, “she is a very brave lady to put her trust in strangers and travel all this way on her own not really knowing what was ahead of her but her determination to see her daughters child is very strong”.
The Gran said “Over two days we visited the paternal grandparents and with Margaret at my side to mediate it gave me the courage to go through with it. I was terrified as we approached the door, what if they reject me I thought. We were very courteously invited in by the granddad and with Margaret’s help explained why I was there and was listened to with interest and courtesy but after a while we left.
On our way back to Glasgow the phone went and it was my son to tell me the dad had come in from work and could I call back as he was very anxious to see me after what the granddad told him.
We put everything else on hold and about turned and headed straight back . My granddaughter whom I had only seen as a baby was waiting at the door and was overjoyed with excitement and said she will tell her whole class about her grandma from England visiting her. My son-in-law gave me a cuddle and we talked for a long time” and parted with cuddles and phone numbers and promises to keep in touch. I was over the moon. Jimmy and Margaret took me to see my daughters grave and now I will die a happy lady knowing that my daughter in heaven will be overjoyed at our reconciliation.
Margaret said “when people really put their heart into it and putting the welfare of child first it is amazing what can be achieved. Mediation certainly worked for this family and could work in 75% of problems in families if it is widely enough promoted.
Margaret Deuchars
Grandparents Apart UK
22 Alness crescent
Glasgow G52 1PJ
0141 882 5658
http://www.grandparentsapart.co.uk
Grandparents Apart Wales. Response to Nick Clegg
Nick Clegg the Deputy Prime Minister revealed plans last week for grandparents to get stronger rights to step in and help children when parents break-up.
He said it was "crazy" that the wider family did not feel they could intervene in such situations, and the UK Government is setting up a Childhood and Families Ministerial Task Force.
It's essential that we express the importance of grandparents in a child's life. They are the biggest carers of children in this country - but for too long, even with this being recognised by all UK Governments they haven't had a role to play as far as the law is concerned.
When social services turn up at their doorstep asking if they can take their grandchildren due to some problem or other, very few will refuse.
When there are difficulties in a household, for example a parent is unable to look after their kids due to a drug or other dependency problem, grandparents are often first to provide the needed care and step in to help out.
We can and do prevent children from going into care, and provide a warm home and stable environment. Vulnerable children can either grow up to be thugs or good citizens and much of that is determined with what actually happens to them in their childhood.
When parents spilt up, and children are involved, it's not the role of grandparents to take sides, however they could play the role of mediator and act in the best interests of the children.
People are living longer and today's grandparents tend to be younger and fitter than in previous generations giving families the opportunity to spend many happy years together.
Years ago one was fortunate to know their grandparents, and even if they did it was generally only for a short period.
It will surprise some people to learn that we don't believe in automatic legal rights for grandparents. However, the courts and social services do need to give grandparents more consideration than they do at present when making assessments about children's lives. It appears to us the authorities do underestimate the loving and supporting role grandparents can play within the family.
The tragedy when a grandparent loses touch with their grandchildren is absolutely heartbreaking and we as a charity are powerless to help but do have the experience to support and guide the grandparents who become confused and vulnerable usually at the hopelessness of their situation. To many it’s like bereavement, but without any hope of closure.
However we must stress there is hope and our latest success story comes from Glasgow where a woman contacted our charity and travelled over 500 miles to see her grandchild after Jimmy and Margaret Deuchars of Grandparents Apart UK arranged a mediation session.
Such success stories give us all hope and strengthens our resolve to help children see the people they love and who love them.
Grandparents Apart Wales champions the right of children to see their loved ones so that people do not spend their later year’s heartbroken suffering the anguish of being unable to see their grandchildren grow up.
In this modern day and age parents are more educated in bringing up a family and this must not clash with the grandparents ideas of how it was bringing up a family in their years.
Grandparents should be there to support the family and the majority simply does that without interference, but when parents face problematic situations we do advise mediation should be considered before solicitors and courts.
Frank Bradfield
Grandparents Apart Wales
Email frank@bradfield.myzen.co.uk
Telephone No 01492 874395
He said it was "crazy" that the wider family did not feel they could intervene in such situations, and the UK Government is setting up a Childhood and Families Ministerial Task Force.
It's essential that we express the importance of grandparents in a child's life. They are the biggest carers of children in this country - but for too long, even with this being recognised by all UK Governments they haven't had a role to play as far as the law is concerned.
When social services turn up at their doorstep asking if they can take their grandchildren due to some problem or other, very few will refuse.
When there are difficulties in a household, for example a parent is unable to look after their kids due to a drug or other dependency problem, grandparents are often first to provide the needed care and step in to help out.
We can and do prevent children from going into care, and provide a warm home and stable environment. Vulnerable children can either grow up to be thugs or good citizens and much of that is determined with what actually happens to them in their childhood.
When parents spilt up, and children are involved, it's not the role of grandparents to take sides, however they could play the role of mediator and act in the best interests of the children.
People are living longer and today's grandparents tend to be younger and fitter than in previous generations giving families the opportunity to spend many happy years together.
Years ago one was fortunate to know their grandparents, and even if they did it was generally only for a short period.
It will surprise some people to learn that we don't believe in automatic legal rights for grandparents. However, the courts and social services do need to give grandparents more consideration than they do at present when making assessments about children's lives. It appears to us the authorities do underestimate the loving and supporting role grandparents can play within the family.
The tragedy when a grandparent loses touch with their grandchildren is absolutely heartbreaking and we as a charity are powerless to help but do have the experience to support and guide the grandparents who become confused and vulnerable usually at the hopelessness of their situation. To many it’s like bereavement, but without any hope of closure.
However we must stress there is hope and our latest success story comes from Glasgow where a woman contacted our charity and travelled over 500 miles to see her grandchild after Jimmy and Margaret Deuchars of Grandparents Apart UK arranged a mediation session.
Such success stories give us all hope and strengthens our resolve to help children see the people they love and who love them.
Grandparents Apart Wales champions the right of children to see their loved ones so that people do not spend their later year’s heartbroken suffering the anguish of being unable to see their grandchildren grow up.
In this modern day and age parents are more educated in bringing up a family and this must not clash with the grandparents ideas of how it was bringing up a family in their years.
Grandparents should be there to support the family and the majority simply does that without interference, but when parents face problematic situations we do advise mediation should be considered before solicitors and courts.
Frank Bradfield
Grandparents Apart Wales
Email frank@bradfield.myzen.co.uk
Telephone No 01492 874395
Saturday, June 19, 2010
Letter to Mr D.J. Clayton, Welsh Assembly Government
17th June 2010
Mr D.J. Clayton,
Directorate for Children’s Health
And Social Services
Welsh Assembly Government.
Your ref AT/GT/00264/10
Our Ref GPAUK/16610/FB
Dear Mr Clayton,
I have been asked by my colleague Mr Jimmy Deuchars of Grandparents Apart UK to reply to your letter dated 15th June 2010 as he was sure that we in Wales would have a better understanding and knowledge of the activities and procedures of the Welsh Social Services and Children Agencies.
We in Grandparents Apart Wales are not happy with the Children’s Act 1989 as it stands as some children who are in need of protection are being denied the right to see the people who they love and who love them.
Parents and grandparents are spending thousands of pounds on lawyers and courts and they still in many cases have no access to their children or grandchildren although the courts in many occasions have made decisions and issued court orders in their favour.
We have evidence of the Social Services accepting a step father’s word that he had DNA proof that he was a child’s father when the actual father accompanied with the appropriate certification of court orders for Parental Responsibility and Access was not recognised by the same authorities.
One would like to argue that is only one instance, but it is not and many children here in Wales are being denied the love of their family by the way the protection structures and management procedures of these structures are monitored and administered.
The biggest carers in Wales are grandparents who are devoting their remaining years to their grandchildren through love and a sense of duty to the family, but where is the support for the grandparents from the Social Services when they are denied access to their grandchildren when they know the children’s welfare is being neglected.
The Social Services do not have the resources to take the place of grandparents, so why don’t they support and work with the families for the protection of the children identified as being in need of scrutiny and protection.
Protecting children should be the fundamental responsibility of every adult and people have brought their concerns to ministers and Gwenda Thomas AM the Deputy Minister for Social Services in the Welsh Government is at this moment investigating such a case brought to her by our organisation and we look forward to her findings.
Questions about the protection of children have been raised in the Chamber of the Welsh Assembly many times and Mark Isherwood AM the Shadow Minister for Social Justice and Equality and Housing has written to the Deputy Minister more than once on the issue of child protection and the subject of a Charter for Grandchildren here in Wales.
Our charity is indebted to him for his continued support and interest.
It is obvious your letter was written to allay fears and promote confidence in your department for Children’s Health and Social Services as regards children needing protection but with respect we know your stated systems are just not working and I would go further and say some need investigating and quantifying so that you can have an accurate account of the position of children needing protection here in Wales.
The latest figures I have for the Borough of Conwy are 160 children in care which was reported in the local paper and across Wales the number of children in care has increased considerably.
Grandparents Apart Wales petitioned the National Assembly for Wales for a Charter for Grandchildren last July and the results of this petition are still ongoing so change and the charter is being discussed at the highest level.
In your letter you mention the National Assembly for Wales’ Petitions Committee as one element of the mechanism by which you engage in the debate to shape public services that best fits the needs of Wales and we wonder what other elements you connect with to improve outcomes and opportunities for children denied the love and protection of their loved ones.
We as an organisation will always be pleased to hear from you as discussion with the authorities in connection with the protection and welfare of our children is always welcome and we find extremely helpful.
We would not be a charity serving the people of Wales if there was no genuine need for us to exist, but unfortunately there is a need for us to campaign for the protection, and rights of children to see their loved ones so that they know their family members as well as their history, religion and culture.
Yours sincerely
Frank Bradfield
Grandparents Apart Wales
Telephone Number 01492 874 39
Email frank@bradfield.myzen.co.uk
Mr D.J. Clayton,
Directorate for Children’s Health
And Social Services
Welsh Assembly Government.
Your ref AT/GT/00264/10
Our Ref GPAUK/16610/FB
Dear Mr Clayton,
I have been asked by my colleague Mr Jimmy Deuchars of Grandparents Apart UK to reply to your letter dated 15th June 2010 as he was sure that we in Wales would have a better understanding and knowledge of the activities and procedures of the Welsh Social Services and Children Agencies.
We in Grandparents Apart Wales are not happy with the Children’s Act 1989 as it stands as some children who are in need of protection are being denied the right to see the people who they love and who love them.
Parents and grandparents are spending thousands of pounds on lawyers and courts and they still in many cases have no access to their children or grandchildren although the courts in many occasions have made decisions and issued court orders in their favour.
We have evidence of the Social Services accepting a step father’s word that he had DNA proof that he was a child’s father when the actual father accompanied with the appropriate certification of court orders for Parental Responsibility and Access was not recognised by the same authorities.
One would like to argue that is only one instance, but it is not and many children here in Wales are being denied the love of their family by the way the protection structures and management procedures of these structures are monitored and administered.
The biggest carers in Wales are grandparents who are devoting their remaining years to their grandchildren through love and a sense of duty to the family, but where is the support for the grandparents from the Social Services when they are denied access to their grandchildren when they know the children’s welfare is being neglected.
The Social Services do not have the resources to take the place of grandparents, so why don’t they support and work with the families for the protection of the children identified as being in need of scrutiny and protection.
Protecting children should be the fundamental responsibility of every adult and people have brought their concerns to ministers and Gwenda Thomas AM the Deputy Minister for Social Services in the Welsh Government is at this moment investigating such a case brought to her by our organisation and we look forward to her findings.
Questions about the protection of children have been raised in the Chamber of the Welsh Assembly many times and Mark Isherwood AM the Shadow Minister for Social Justice and Equality and Housing has written to the Deputy Minister more than once on the issue of child protection and the subject of a Charter for Grandchildren here in Wales.
Our charity is indebted to him for his continued support and interest.
It is obvious your letter was written to allay fears and promote confidence in your department for Children’s Health and Social Services as regards children needing protection but with respect we know your stated systems are just not working and I would go further and say some need investigating and quantifying so that you can have an accurate account of the position of children needing protection here in Wales.
The latest figures I have for the Borough of Conwy are 160 children in care which was reported in the local paper and across Wales the number of children in care has increased considerably.
Grandparents Apart Wales petitioned the National Assembly for Wales for a Charter for Grandchildren last July and the results of this petition are still ongoing so change and the charter is being discussed at the highest level.
In your letter you mention the National Assembly for Wales’ Petitions Committee as one element of the mechanism by which you engage in the debate to shape public services that best fits the needs of Wales and we wonder what other elements you connect with to improve outcomes and opportunities for children denied the love and protection of their loved ones.
We as an organisation will always be pleased to hear from you as discussion with the authorities in connection with the protection and welfare of our children is always welcome and we find extremely helpful.
We would not be a charity serving the people of Wales if there was no genuine need for us to exist, but unfortunately there is a need for us to campaign for the protection, and rights of children to see their loved ones so that they know their family members as well as their history, religion and culture.
Yours sincerely
Frank Bradfield
Grandparents Apart Wales
Telephone Number 01492 874 39
Email frank@bradfield.myzen.co.uk
Is this more power to snatch your kids
HOME > NEWS AND ARTICLES > NEWS > NEW GUIDANCE FOR CHILD PROTECTION IN SCOTLAND
NEW GUIDANCE FOR CHILD PROTECTION IN SCOTLANDRELATED PRODUCTS
01 JUNE 2010
The Scottish Government has released new draft child protection guidance to help social workers, police, NHS staff and other professionals improve the protection of children at risk of abuse or neglect.
The draft guidance was released today for public consultation which will close on Friday, 17 September.
Among the key proposed changes in the Scottish guidance are new measures ensuring that unborn babies who are given a child protection plan are placed on the child protection register. It also introduces, for the first time, national timescales for holding and following up child protection case conferences, proposing that the initial conference take place no later than 21 days from the notification of a concern and that participants receive the agreed child protection plan within five days of that conference.
The draft guidance expands the range of organisations responsible for child protection, including adult health care providers and third sector organisations. In addition, the professionals will no longer be required to identify a specific category of risk when placing a child on the register.
Scottish Children's Minister, Adam Ingram said: "The protection of children and keeping them happy, healthy, and safe from harm is a key priority for the Scottish Government. That's why we have introduced a range of changes from more robust, multi-agency inspections to the establishment of a national centre of expertise in children protection.
"Central to improving child protection further is ensuring that all organisations work more effectively together and have common understanding of the standard of service our children deserve. The new guidance sets out a national direction for how we expect children to be protected," Mr Ingram added.
NEW GUIDANCE FOR CHILD PROTECTION IN SCOTLANDRELATED PRODUCTS
01 JUNE 2010
The Scottish Government has released new draft child protection guidance to help social workers, police, NHS staff and other professionals improve the protection of children at risk of abuse or neglect.
The draft guidance was released today for public consultation which will close on Friday, 17 September.
Among the key proposed changes in the Scottish guidance are new measures ensuring that unborn babies who are given a child protection plan are placed on the child protection register. It also introduces, for the first time, national timescales for holding and following up child protection case conferences, proposing that the initial conference take place no later than 21 days from the notification of a concern and that participants receive the agreed child protection plan within five days of that conference.
The draft guidance expands the range of organisations responsible for child protection, including adult health care providers and third sector organisations. In addition, the professionals will no longer be required to identify a specific category of risk when placing a child on the register.
Scottish Children's Minister, Adam Ingram said: "The protection of children and keeping them happy, healthy, and safe from harm is a key priority for the Scottish Government. That's why we have introduced a range of changes from more robust, multi-agency inspections to the establishment of a national centre of expertise in children protection.
"Central to improving child protection further is ensuring that all organisations work more effectively together and have common understanding of the standard of service our children deserve. The new guidance sets out a national direction for how we expect children to be protected," Mr Ingram added.
Friday, June 18, 2010
Questions from a critic
Jimmy,
Q, Are you trying to say that it is preferable for English and Welsh grandparents to have the additional hurdle of applying to the court for initial permission to seek contact with the grandchild?
A, I think that is a racist remark you obviously have not done your homework on what we do. We have lots of English and Welsh members. In fact we have a group in Wales called Grandparents Apart Wales and we have provided information for some groups in England to set up.
Q, And are you meaning that it is a step in the wrong direction for the proposed removal of the hurdle, which consequently puts English and Welsh grandparents on a similar application to the Scottish grandparents?
A, What I am pointing out is that removing the need to ask a courts permission to go to court is not progress because it is already like that in Scotland and is of no particular benefit to grandparents. In fact removing the need to ask a courts permission is like removing a safety net and devastated grandparents will grab at any straw and be easily led by inaccurate advice. The amount of times I have heard that lawyers have given the wrong advice about whether there is a chance to win their case is highlighted in our questionnaire about professionals
Q, You also seem to be saying that it upsets the resident parent (in some cases) to allow the child to have time with the grandparents and because of that every non-resident grandparent should have an obstacle. Your grounds for saying this is that it would/could upset the resident parent.
A, Children are the responsibility of their parents and grandparents should be a close second. When it was proposed that grandparents should have legal rights in Scotland we experienced a backlash from parents aggressively objecting to the thought that grandparents could be in a position to interfere in the upbringing of their child. Grandparents having rights to be in a position to dictate to parents will in our experience cause further conflict in families.
We are in the business of ‘Bringing Families Together’ and we are trying hard to reach a compromise that will be acceptable to all. The majority of grandparents only want to have contact with their grandchildren. They have brought up a family of their own and only want the enjoyment the second time around. I hear this often from grandparents “ I love to see my grandchildren but I also love to see them going home with their mum and dad as a happy family”.
Grandparents already have an unfair obstacle which is the product of the governments and social service and practised every day by social services and courts. By being regarded as irrelevant persons in their grandchildren’s lives by authority sends a message to the general public that it is ok to alienate grandparents and does not encourage families to work together for compromise. The only obstacle that should be is, ‘The Best Interests of the Child’, and cutting grandparents out of their lives in most cases is not in their best interests.
I remind you that its in the best interest of the child to have contact with the non-resident family. Cases such as Baby P provide for better outcomes if the non-resident families are involved in family life.
A, I agree with you entirely, but legislation will not right this wrong. The government needs to get the message across that grandparents are relevant a in family life. The government says they want the best for children, do they think every grandparent does not want the same.
Jimmy
Jimmy wrote:- Wouldn't you agree the leave to apply is preferential as a sort of safeguard for grandparents who are vulnerable and desperately cling to any hope.
David writes:- The 'sort of safeguard' is an additional and expensive hurdle which prevents the non-residential family from having contact with the child. The child's family (i.e. residential & non-residential) should be assisted and encouraged by the system to have contact with the child in the absence of a good reason to deny contact. The 'sort of safeguard' which jimmy wants is a parental (family) alienator.
I take it that was your summing up, grand finale.
A, The 'sort of safeguard' if it is force would be a little expense compared to what it would cost for grandparents to have their case taken on with little chance of success. It would indeed be an alienator. Better it was nipped in the bud rather than put children, grandparents and parents through needless expense and trauma if the grandparents were not fit to have contact in the first place, saving the grandparents their life's savings and the time of the courts.
We do encourage and assist grandparents to gain contact with their grandchildren why do you think we are here? ‘Bringing Families Together’ is our Motto. We have helped grandparents back in their grandchildren’s lives with mediation rather than parents being forced to accept grandparents. This has more credibility than the courts and doesn’t end up with non-compliance which only makes fat cat lawyers fatter.
We prefer mediation and bridge building like the case I just sent you avoiding courts and lawyers whenever possible. The only winners in legal cases is again fat cat lawyers who charge extortionate fees.
Deviating a second. Today on Working lunch, a lawyer charged a dogs charity £17,000
For dealing with an inheritance. On appeal, a judge reduced it to £5000.
Lawyers? Bah.
Jimmy,
The “sort of safeguard’ you are promoting seems to depend on money. The little expense (and added hurdle of the extra process) may be little to you but a sizeable amount to other grandparents. This ‘sort of safeguard’ discriminates against grandparents with little money. Grandparents with little money should not be a reason to deny the child contact with the non-residential family.
Jimmy, in mediation does this ‘sort of safeguard’ exists?
David
A, It is our intention to avoid the need for lawyers, courts and safeguards and to promote mediation in order not to widen the gap in families further by legal means. I was on Radio Scotland yesterday and the lawyer from Edinburgh admitted that court actions split families further.
Our intention in the first place was not to promote this safeguard but to expose the Tories proposal to remove the need to apply to a court as an election gimmick. . This announcement was cruel to heartbroken grandparents giving them false hope. It caused quite a few grandparents to phone me up and say it was great but what use is it to grandparents if it is the norm in Scotland and in our experience is of no significant help.
We do not recommend lawyers to anyone we only say make sure you go to a family lawyer. We would love to have more faith in lawyers, but.
Q, Jimmy, in mediation does this ‘sort of safeguard’ exists?
A, In my view this kind of safeguard is protecting grandparents (from themselves even in their desperation and confusion) from unnecessary expense of engaging lawyers when there is no chance of winning. The mediations I have conducted have not cost a penny in fees as we are volunteers. The safeguard is in the system that we use.
Q, Are you trying to say that it is preferable for English and Welsh grandparents to have the additional hurdle of applying to the court for initial permission to seek contact with the grandchild?
A, I think that is a racist remark you obviously have not done your homework on what we do. We have lots of English and Welsh members. In fact we have a group in Wales called Grandparents Apart Wales and we have provided information for some groups in England to set up.
Q, And are you meaning that it is a step in the wrong direction for the proposed removal of the hurdle, which consequently puts English and Welsh grandparents on a similar application to the Scottish grandparents?
A, What I am pointing out is that removing the need to ask a courts permission to go to court is not progress because it is already like that in Scotland and is of no particular benefit to grandparents. In fact removing the need to ask a courts permission is like removing a safety net and devastated grandparents will grab at any straw and be easily led by inaccurate advice. The amount of times I have heard that lawyers have given the wrong advice about whether there is a chance to win their case is highlighted in our questionnaire about professionals
Q, You also seem to be saying that it upsets the resident parent (in some cases) to allow the child to have time with the grandparents and because of that every non-resident grandparent should have an obstacle. Your grounds for saying this is that it would/could upset the resident parent.
A, Children are the responsibility of their parents and grandparents should be a close second. When it was proposed that grandparents should have legal rights in Scotland we experienced a backlash from parents aggressively objecting to the thought that grandparents could be in a position to interfere in the upbringing of their child. Grandparents having rights to be in a position to dictate to parents will in our experience cause further conflict in families.
We are in the business of ‘Bringing Families Together’ and we are trying hard to reach a compromise that will be acceptable to all. The majority of grandparents only want to have contact with their grandchildren. They have brought up a family of their own and only want the enjoyment the second time around. I hear this often from grandparents “ I love to see my grandchildren but I also love to see them going home with their mum and dad as a happy family”.
Grandparents already have an unfair obstacle which is the product of the governments and social service and practised every day by social services and courts. By being regarded as irrelevant persons in their grandchildren’s lives by authority sends a message to the general public that it is ok to alienate grandparents and does not encourage families to work together for compromise. The only obstacle that should be is, ‘The Best Interests of the Child’, and cutting grandparents out of their lives in most cases is not in their best interests.
I remind you that its in the best interest of the child to have contact with the non-resident family. Cases such as Baby P provide for better outcomes if the non-resident families are involved in family life.
A, I agree with you entirely, but legislation will not right this wrong. The government needs to get the message across that grandparents are relevant a in family life. The government says they want the best for children, do they think every grandparent does not want the same.
Jimmy
Jimmy wrote:- Wouldn't you agree the leave to apply is preferential as a sort of safeguard for grandparents who are vulnerable and desperately cling to any hope.
David writes:- The 'sort of safeguard' is an additional and expensive hurdle which prevents the non-residential family from having contact with the child. The child's family (i.e. residential & non-residential) should be assisted and encouraged by the system to have contact with the child in the absence of a good reason to deny contact. The 'sort of safeguard' which jimmy wants is a parental (family) alienator.
I take it that was your summing up, grand finale.
A, The 'sort of safeguard' if it is force would be a little expense compared to what it would cost for grandparents to have their case taken on with little chance of success. It would indeed be an alienator. Better it was nipped in the bud rather than put children, grandparents and parents through needless expense and trauma if the grandparents were not fit to have contact in the first place, saving the grandparents their life's savings and the time of the courts.
We do encourage and assist grandparents to gain contact with their grandchildren why do you think we are here? ‘Bringing Families Together’ is our Motto. We have helped grandparents back in their grandchildren’s lives with mediation rather than parents being forced to accept grandparents. This has more credibility than the courts and doesn’t end up with non-compliance which only makes fat cat lawyers fatter.
We prefer mediation and bridge building like the case I just sent you avoiding courts and lawyers whenever possible. The only winners in legal cases is again fat cat lawyers who charge extortionate fees.
Deviating a second. Today on Working lunch, a lawyer charged a dogs charity £17,000
For dealing with an inheritance. On appeal, a judge reduced it to £5000.
Lawyers? Bah.
Jimmy,
The “sort of safeguard’ you are promoting seems to depend on money. The little expense (and added hurdle of the extra process) may be little to you but a sizeable amount to other grandparents. This ‘sort of safeguard’ discriminates against grandparents with little money. Grandparents with little money should not be a reason to deny the child contact with the non-residential family.
Jimmy, in mediation does this ‘sort of safeguard’ exists?
David
A, It is our intention to avoid the need for lawyers, courts and safeguards and to promote mediation in order not to widen the gap in families further by legal means. I was on Radio Scotland yesterday and the lawyer from Edinburgh admitted that court actions split families further.
Our intention in the first place was not to promote this safeguard but to expose the Tories proposal to remove the need to apply to a court as an election gimmick. . This announcement was cruel to heartbroken grandparents giving them false hope. It caused quite a few grandparents to phone me up and say it was great but what use is it to grandparents if it is the norm in Scotland and in our experience is of no significant help.
We do not recommend lawyers to anyone we only say make sure you go to a family lawyer. We would love to have more faith in lawyers, but.
Q, Jimmy, in mediation does this ‘sort of safeguard’ exists?
A, In my view this kind of safeguard is protecting grandparents (from themselves even in their desperation and confusion) from unnecessary expense of engaging lawyers when there is no chance of winning. The mediations I have conducted have not cost a penny in fees as we are volunteers. The safeguard is in the system that we use.
Thursday, June 17, 2010
The Panic over Rights for Grandparents
The Panic over Rights for Grandparents
Radio 5 Live. 17th June 2010
Radio 5 Live today asked me to comment on what Nick Clegg is proposing for giving more rights to grandparents. The only difference this is making is causing panic among parents who are against the proposal that grandparents will be able to muscle in on their children’s upbringing. Already on the show a mother was up in arms at the proposal of grandparents having more rights. I can assure parents they have nothing to fear as Scotland already have what the Tories are proposing and it does not make one iota of difference.
The Governments Proposal:- the requirement for grandparents to crave a courts permission to go to court is to be lifted allowing them to hire a lawyer and go directly to court.. In actual fact, we feel this is removing a safeguard if grandparents do not fulfil the criteria required to win their case. Thousands of grandparents have spent their life savings in desperation to see their grandchildren, but at the end of the day if it is not in a child’s best interests no amount of money will win the right to see them for a judge has the final decision.
Our proposal is:- that Parents come first and foremost in a child’s life and if for some reason they cannot look after the children the grandparents should be first in line to care for them. This would keep them in a stable home environment and minimise the devastating effect separation has on their young lives.
The problem is that grandparents are considered irrelevant persons by the government and social services in a child’s life. They are often cut off, especially by social services, which often causes the child to be given to strangers in a crucial time of their lives which affects them for ever.
The Charter for Grandchildren that was created by a Scottish government does not in any way impinge on parental rights. It states that everyone including professionals should look more closely at the role grandparents can play in a child’s life and is totally focussed on the best interests of the child.
PROFESSIONALS ARE IGNORING THE CHARTER AS IT IS ADVISORY ONLY AND IT IS TOO MUCH BOTHER FOR THEM TO ADOPT IT BECAUSE ACCORDING TO THEM GRANDPARENTS ARE NOT RELEVANT IN THEIR GRANDCHILDREN’S LIVES.
Glasgow City Council adopted the Charter on 18th February 2010 at a full council meeting but GLASGOW SOCIAL SERVICES are obstructing the full implementation of it.
“Bringing Families Together” Is Our Motto but this government proposal is about to cause more conflict between families.
See more, visit:-
http://chatterboxblogforyou.blogspot.com/2010/06/grandparents-and-their-status-in-family.html
Jimmy Deuchars
Grandparents Apart UK
22 Alness crescent
Glasgow G52 1PJ
0141 882 5658
http://www.grandparentsapart.co.uk
Radio 5 Live. 17th June 2010
Radio 5 Live today asked me to comment on what Nick Clegg is proposing for giving more rights to grandparents. The only difference this is making is causing panic among parents who are against the proposal that grandparents will be able to muscle in on their children’s upbringing. Already on the show a mother was up in arms at the proposal of grandparents having more rights. I can assure parents they have nothing to fear as Scotland already have what the Tories are proposing and it does not make one iota of difference.
The Governments Proposal:- the requirement for grandparents to crave a courts permission to go to court is to be lifted allowing them to hire a lawyer and go directly to court.. In actual fact, we feel this is removing a safeguard if grandparents do not fulfil the criteria required to win their case. Thousands of grandparents have spent their life savings in desperation to see their grandchildren, but at the end of the day if it is not in a child’s best interests no amount of money will win the right to see them for a judge has the final decision.
Our proposal is:- that Parents come first and foremost in a child’s life and if for some reason they cannot look after the children the grandparents should be first in line to care for them. This would keep them in a stable home environment and minimise the devastating effect separation has on their young lives.
The problem is that grandparents are considered irrelevant persons by the government and social services in a child’s life. They are often cut off, especially by social services, which often causes the child to be given to strangers in a crucial time of their lives which affects them for ever.
The Charter for Grandchildren that was created by a Scottish government does not in any way impinge on parental rights. It states that everyone including professionals should look more closely at the role grandparents can play in a child’s life and is totally focussed on the best interests of the child.
PROFESSIONALS ARE IGNORING THE CHARTER AS IT IS ADVISORY ONLY AND IT IS TOO MUCH BOTHER FOR THEM TO ADOPT IT BECAUSE ACCORDING TO THEM GRANDPARENTS ARE NOT RELEVANT IN THEIR GRANDCHILDREN’S LIVES.
Glasgow City Council adopted the Charter on 18th February 2010 at a full council meeting but GLASGOW SOCIAL SERVICES are obstructing the full implementation of it.
“Bringing Families Together” Is Our Motto but this government proposal is about to cause more conflict between families.
See more, visit:-
http://chatterboxblogforyou.blogspot.com/2010/06/grandparents-and-their-status-in-family.html
Jimmy Deuchars
Grandparents Apart UK
22 Alness crescent
Glasgow G52 1PJ
0141 882 5658
http://www.grandparentsapart.co.uk
Monday, June 14, 2010
Grandparents and their Status in Family Law
Rhiannon Davies, Barrister, of New Walk Chambers reviews recent developments affecting the legal status of grandparents in family proceedings.
Rhiannon Davies, Barrister, New Walk Chambers
It has long been acknowledged that grandparents have an important role to play in the upbringing of children. Re W (Contact: Application by Grandparent) [1997] 1 FLR 793 in particular noted that contact with a grandparent may be beneficial for children. Statistics prepared by Grandparents Plus in July 2009 showed that approximately one in three families rely on grandparents for child care, rising to 47% of all single parent households. Yet Parliament, through the Children Act 1989, does not single out grandparents for particular rights or recognition simply by virtue of being grandparents.
The figures are striking. Research published by Families Need Fathers, the Grandparents Association and the Family Matters Institute indicates that 42% of grandparents lose contact with their grandchildren when their parents separate. The potential therefore for grandparents to become involved in proceedings for contact and other s8 orders is significant. In terms of public law proceedings, in July 2009 Grandparents Plus reported that 200,000 children were living with their grandparents as kinship carers, and that placement with grandparents was the preferred choice of 65% of parents in the event that they were unable to care for their children.
In terms of a child's primary residence, the approach of the courts has appeared to emphasise that, where possible, the children should remain with the parents to whom they were born. The case of B (A Child) [2009] UKSC 5 however recently re-asserted the importance of the welfare principle as the paramount consideration when making decisions regarding the upbringing of the child, and stated that application of the natural parent presumption, although a consideration, is secondary to undertaking the statutory balancing exercise to act in the best interests of the child. This may have important implications for grandparents (and other relatives) seeking residence orders in respect of children.
The Government Green Paper 'Support for All – the Families and Relationships' makes proposals for additional support for adults and children following the breakdown of a relationship. Significantly, a number of these measures are directed towards grandparents, including proposed reform to improve their ability to apply for contact and support for kinship carers.
This article is intended to review the current position of grandparents within family law, particularly in the light of the above.
The Requirement for Leave
In many cases any contact between children and their grandparents is negotiated outside of contact proceedings, or develops as part and parcel of contact granted to a non-resident parent. Contact with extended family members, such as grandparents, can stand in place of a child's contact with an abusive parent; alternatively trusted grandparents may fulfil a supervisory role in such cases. Yet substantial numbers of grandparents lose all contact with their grandchildren on separation, and many are turning to the Children Act 1989 to secure orders for defined contact.
It should be added at this stage that the new provisions for the enforcement of contact and financial recompense for breaches of an order will not be available to grandparents who rely solely on the goodwill of the resident parent, or who simply join in with the contact afforded to the non-resident parent. Arguably there is inequality between grandparents and parents in this position and it may be considered that a defined contact order in certain situations is as necessary for a grandparent as it is for a parent.
It is well known that grandparents require leave of the court to apply for a s8 order with respect to a child, save where the criteria under s 10(5)(c) are made out, namely where they have a residence order, or the child has resided with them for a period of three years or, finally, that they have the consent of those with parental responsibility. The test for leave, as set out at s10(9), does not differ for grandparents or any other relative (or other prospective applicant) and whilst the merits of the substantive application is to be considered, the prevailing case law (for example Re J (Leave to Issue Application for a Residence Order) [2003] 1 FLR 114) emphasises the need to give due weight to the statutory criteria. There is no authority creating a presumption of leave in favour of a grandparent. Each case is to be looked at on its merits.
Prior to the Children Act 1989, the ability of grandparents to apply for contact was far more limited, being permitted only where a custody order was in force or if their own child had died. Section 10 of the 1989 Act therefore does represent a move forward in terms of the rights of non-parents to apply for contact, notwithstanding the requirement of leave. In practice, it may be that the application for leave is not a substantial hurdle for meritorious cases. However the question has been asked as to whether leave ought to be required at all for grandparents with a close relationship to the child. In terms of an application for contact by such grandparents, the leave requirement may seem unduly onerous, given the benefits that a child may receive from grandparents being involved in their lives. It is possible that the high proportion of grandparents who lose contact with their grandchildren following separation can be attributed in part to the grandparents being unaware of their legal options, or potentially deterred by the requirement of leave.
The Government Green Paper 'Support for All – the Families and Relationships' put forward a package of proposals to improve the position of grandparents. These included removing the leave requirement to permit applications for s8 orders by grandparents as of right, and increasing the information available for grandparents as regards contact with grandchildren after a breakdown in their parents' relationship. It is evident that, given the clear wording of s10, any reform around issues of leave to apply would require legislative change. These proposals have been welcomed by organisations such as the Grandparents Association, particularly because the current system can increase costs and prolong legal proceedings. There will also be wider consultation as to the impact of the leave requirement on other family members. Further proposals provide for improving the accessibility of children's centres and increasing the advice and support available for grandparents in caring for their grandchildren.
Residence Orders and the Natural Parent Presumption
Following the dicta of Lord Nicholls in Re G (Children) (Residence: Same-sex partner) [2006] UKHL 43), it appeared to be settled law that a child was best brought up by his or her biological parents. Thus, all things being equal, in contested residence proceedings between grandparents and a natural parent, the balance would tip in favour of a natural parent by virtue of that more immediate biological link – the so called "natural parent presumption". However, the recent decision of the Supreme Court in Re B (A Child) [2009] UKSC 5 has placed the natural parent presumption in an important context and challenged the perceived weight of this argument.
The child in this case had resided with his maternal grandparents consistently from birth and was aged three at the date of the appeal. The mother remained unable to provide suitable parenting, but the father, having had contact with the child, applied ultimately for residence. At first instance, in the family proceedings court, the justices had found no compelling reason to disrupt the continuity of care provided by the maternal grandmother, and had distinguished Re G on the basis that the child had never resided with the father. The father's appeal to the Court of Appeal was successful, and therefore it was the maternal grandmother's appeal that came before the Supreme Court. In allowing the appeal, declining to find that the justices' decision was plainly wrong, the Supreme Court (per Lord Kerr at paragraph 37) held that:
"All consideration of the importance of parenthood in private law disputes about residence must be firmly rooted in an examination of what is in the child's best interests. This is the paramount consideration. It is only as a contributor to the child's welfare that parenthood assumes any significance. In common with all other factors bearing on what is in the best interests of the child, it must be examined for its potential to fulfil that aim."
This was held not to be inconsistent with dicta in Re G on the basis that Re G, read in totality, endorsed the application of the welfare principle and by stating the importance of a child being raised by his or her parents in the ordinary way of things, expressed a statement of experience, and one which had been carefully qualified (paragraph 35 of Re B).
It remains to be seen what impact this decision will have in the longer term on residence applications by, or involving, grandparents. However, it does remove the perception in residence applications involving non-parents that there need to be specific, compelling reasons to depart from a presumption in favour of care by a natural parent. Thus, the position of grandparents has arguably been strengthened as a result of this decision. There are a number of children currently residing with their grandparents in circumstances where parents are unable to care. The case of Re B, focusing as it does on the statutory welfare test, is likely to lend greater weight to the arguments of grandparents that a status quo has been established when a parent seeks the return of a child. It will be interesting to see whether there will now be a greater potential for outcomes such as shared care as between grandparents and parents in cases where a parent, who had previously been unable to provide adequate care, improves to such an extent that significant contact between parent and child is possible, but there exists an established status quo which justifies substantial contact also with the grandparents. However, it is clear that whilst there remains a view that there is an advantage to a child being raised by a natural parent, this is not determinative of a residence application, but is simply part of the balancing exercise.
Public Law Proceedings
It is worth noting that as a matter of practicality, grandparents do remain in an entirely different position from parents in respect of legal aid within the arena of care proceedings. They have no right to automatic non means or merits tested legal aid. As such, a grandparent wishing to care for a grandchild, unless that they have the support of the local authority, may be in the position of having to finance such an application privately, or acting in person throughout very emotive proceedings.
However, developments such as Special Guardianship Orders have had a role to play in supporting the placement of children within the extended family and providing enhanced parental responsibility for such carers. The Green Paper makes further proposals to provide specific support to family and friends who act as foster carers which is appropriate to the issues in each case. Where a parent is unable to provide safe and appropriate care for a child, it is very often the child's grandparents who are approached to provide long term care. It is useful to see within the proposals plans to educate carers in issues of alcohol and drug misuse and also to look the issues faced by proposed kinship carers within the court proceedings.
Conclusion
Grandparents have had increasing recognition in terms of the role that they may play in the upbringing of a child. Statistics show that significant numbers of parents rely on grandparents for child care, and it is evident that there is a risk of a child losing out if the bond with a grandparent is not maintained following parental separation. The position of grandparents may have been further strengthened by the case of Re B. By re-stating the importance of looking at such cases in their entirety when determining the best outcome for the child, and not placing undue weight on the natural parent presumption, the decision may also represent a further milestone in the courts' increasing recognition of grandparents and the benefits they can bring to the child.
Whilst it could be argued that the current legislation does not create an insurmountable hurdle for meritorious cases and, further, that the requirement of leave allows consideration to be given to the impact of proceedings on the child, it is not without its difficulties. The additional requirement of leave may increase legal costs and extend proceedings unnecessarily. There is also the prospect of the requirement of leave in itself deterring grandparents from making their application. The proposals outlined in the Government Green Paper therefore provide an opportunity for children to maintain lasting relationships with their grandparents after their parental relationship breaks down. Equally, whilst Special Guardianship Orders have enhanced the position of relatives (including grandparents), Green Paper proposals for increasing the support and assistance for kinship carers can only assist in maintaining placements of children within their birth family.
Grandparents play an important part in a child's life and the case of Re B and proposed legislative changes appear to reflect this.
Saturday, June 12, 2010
The Charter for Grandchildren. (A Wander in George Square)
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We have written Glasgow social services a very very very nice letter asking them politely to meet with us on taking the Charter for Grandchildren forward but it has not been forthcoming.
We now believe because of highlighting the failures and injustices of social services in general we believe they are ignoring us and it has become personal. So there was no alternative but to enforce our request by a stroll around the City Centre of our beautiful Glasgow.
With my little trailer sandwich boards on the back of my wheelchair we were the focus of attention, the locals and tourists alike loved it and were snapping away with their cameras and chatting away asking us for our leaflets.
Look out for our next impromptu wander around Glasgow. Chat to us take one of our leaflets explaining what we are all about.
The Charter for Grandchildren
(Bringing families together)
The Charter for Grandchildren, does not in any way affect parental authority. It was created by a Scottish Government for children’s best interest and for them to benefit from their grandparents love, care and stability (if the parents are not available or cannot look after them) rather than go to strangers.
We all know social services are under tremendous pressure because of the bad publicity accusing them of incompetence and unable to cope. At present they are regarded as little more than a necessary evil. Grandparents are reluctant to turn to them for help because they get treated shamefully and fear contact with their grandchildren will be lost completely. (often happens)..
At a meeting in London recently social services were asking for ways to improve their image with the public. They will need to listen to family groups working on the shop floor instead of alienating them with an omnipotent attitude.
Fully implementing The Charter for Grandchildren would be a start, especially as it was created by a government team and accepted by the full council of the City of Glasgow.
The general public should know what happens to children in care. The majority of them end up as non-achievers. Social services alienate them from their family to make it easier to control them and this destroys the children’s spirit and sense of justice.
Saving money by depriving and neglecting a child creates the criminal of the future and costs the public purse a whole lot more when later on they join gangs to replace the family they have lost.
The public need to speak out about the way children are treated and you will sleep easier in your bed at night.
Issued by Grandparents Apart UK, Glasgow, Kilmarnock, Llandudno. Reg Office 22 Alness Crescent Glasgow G52 1PJ 0141 882 5658. A Scottish registered not for profit Charity No. SC 031558. Motto:- “Bringing Families Together”. www.grandparentsapart.co.uk
The Charter for Grandchildren.
The Scottish Government Website
http://www.scotland.gov.uk/Publications/2006/04/21143655/0
It is important that parents, grandparents and other family members,
speak to, and treat each other, with respect. You may not get on, but
you can still be civil, for the sake of the children. Try to avoid arguing
with or criticising family members in front of the children. It can be
very upsetting for them.
On occasions professional organisations such as social work
departments or the courts can become involved and may have to
make decisions that will have a lasting impact throughout a child’s
entire life. In these circumstances it is vital that the loving and
supportive role that the wider family, in particular grandparents can
play is respected and protected for the child…
FAMILIES ARE IMPORTANT TO CHILDREN
Grandchildren can expect:
• To be involved with and helped to understand decisions made about their lives.
• To be treated fairly
• To know and maintain contact with their family (except in very exceptional circumstances) and other people who are important to them.
• To know that their grandparents still love them, even if they are not able to see them at the present time.
• To know their family history.
• The adults in their lives to put their needs first and to protect them from disputes between adults - not to use them as weapons in quarrels between adults.
• Social workers, when making assessments about their lives, to take into account the loving and supporting role grandparents can play in their lives.
• The Courts, when making decisions about their lives, to take into account the loving and supporting role grandparents can play in their lives.
• Lawyers and other advisers to encourage relationship counselling or mediation when adults seek advice on matters affecting them and their children.
Saturday, June 5, 2010
Grandmother wins right to foster payment
Care payment ruling. 11/5/10, A grandmother has won the right to the same recompense for looking after her granddaughter as would be paid to a foster carer.
Mrs Justice Black ruled at the High court that the 15 year old girl must be regarded as "looked after by the local authority" because of the family history.
Kent County Council must pay the grandmother "146.23 a week instead of the £63.56 she was receiving. " It has leave to appeal.
Mrs Justice Black ruled at the High court that the 15 year old girl must be regarded as "looked after by the local authority" because of the family history.
Kent County Council must pay the grandmother "146.23 a week instead of the £63.56 she was receiving. " It has leave to appeal.
Tuesday, June 1, 2010
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