Right to reside – Children in Care

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  • #37890
    hagan_j
    Participant

    Has anyone any advice on this scenario.
    Claimant has a right to reside as the parent / primary carer of a child in education under Article 12. However the children were taken into Care on 21/11/10 and the Social Worker has confirmed today (10/05/11) that it is unlikely thet they will be returned home within the next 3 – 4 months.

    How does this leave the claimant, does it mean that they have lost their right to reside.

    Joan H.

    #106619
    Kay_Tade
    Participant

    Why are the children in care and is there a likelyhood of them returning? I can’t see how Art 12 applies once care is removed, the parent/carer’s R2R is derived from the child’s R2R, it would be simplistic, based on the info on your post, to say the claimant has no R2R though.

    #106620
    hagan_j
    Participant

    Obviously the Social Worker cannot divulge the reasons why the children have been taken into care to us, all they could advise was as I have said is that it would be at least another 3 – 4 months before they would even start to consider the possibility of them returning home.

    #106621
    Kay_Tade
    Participant

    I meant the claimant, did she not say anything about the circumstances? I was thinking, if you could ascertain the reason behind Social Services having to get involved, you could go down the route of temp absence for the kids so the claimant retains R2R. Without knowing that I can’t see how the children can still be treated as dependants.

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