Family and Friends Forum

Cher

Member since
March 2019

103 posts

Posted Wed December 28, 2022 3:03pmReport post

After 5 years of asking my ex has given me his shpo and it doesn't make sense. It says he only has to tell the police if he's with a child or in a house with a child if it's for 12 hours or more, it doesn't say anything about him having to be supervised, so does this mean he's allowed to be alone with a child for 12 hours and under? SS says he's allowed to see his child for 2 hours a week supervised, so my child can be protected but not any other child! It doesn't make any sense. And Why doesn't it say any thing on the shpo about supervision with his child?

SAL

Member since
December 2021

895 posts

Posted Wed December 28, 2022 3:25pmReport post

Are you sure he's given you the SHPO not the SOR?

SHPO may have wording similar to the below.


Prohibited from
Having any unsupervised contact of any kind with any child under the age of 16, other than:
(i) such is inadvertent and not reasonably avoidable in the course of lawful daily life, or
(ii) with the consent of the child's parent or guardian who has prior knowledge of his convictions and with the express approval of Social Services for the area.



The SOR has the below wording.

Notify where you are living in a household with a child under the age of 18. Under the changes, those subject to the notification requirements will be required to notify when residing or staying in a relevant household for a period of at least 12 hours with a child who is under the age of 18;

Your child would be captured under SHPO point ii. Social services have said how and when he can have access.

Edited Wed December 28, 2022 3:30pm

Distressed and pregnant

Member since
November 2020

994 posts

Posted Wed December 28, 2022 8:01pmReport post

Hi,

My person has nothing on his SHPO about contact with children unsupervised or otherwise apart from online. The wording you've described does sound like SOR restrictions but there may not be anything on his SHPO about physical restrictions. SS can request that their recommendations are followed but they are not legally binding unless court ordered xxx

Cher

Member since
March 2019

103 posts

Posted Thu December 29, 2022 10:46amReport post

I've double checked and it is a SHPO, he keeps telling me he can have his daughter unsupervised for under 12 hours. But SS says differently, who has the authority here and why does the police and SS have different rules. He has spoken to SS about this and they have told him if he has his daughter unsupervised I will be the one in a lot of trouble ( I wouldn't allow this anyway) there is no clear rules! Why do the police and courts think its OK for him to be alone with children, surely they should be protecting children!

Edited Thu December 29, 2022 10:47am

PurpleRain

Member since
September 2022

34 posts

Posted Thu December 29, 2022 11:06amReport post

Hi,

Sorry to jump on the post.
My ex partner hasn't been sentenced yet but does this mean SS can come and dictate to me how many hours a week he gets to see our child? We're no longer under SS as I seperated from the relationship and left the family home. He see's her once, maybe twice a week for 3-4 hours at a time, supervised by myself and in public. It makes me sad that this could get ruined.

Distressed and pregnant

Member since
November 2020

994 posts

Posted Thu December 29, 2022 11:41amReport post

Cher,

His SHPO should be proportionate to his offence so for my person his all relates to online restrictions. The courts are the ones who have the most power as ss restrictions aren't legally binding but they can escalate things to court level if they feel a child is at risk. What contact do you want your child to have and is this reflected by ss recommendations or safety plan? xxx

Purple Rain,

SS can get involved again post sentencing but the main thing you need to check is his draft SHPO when his solicitor receives it as the clauses around contact with children and any locational restrictions need to be challenged if you want access to remain as it is. If SHPO is all internet related then ss will probably just call you post sentencing to see if contact is to remain the same xxx

Edited Thu December 29, 2022 11:41am

Sad_and_scared

Member since
December 2022

35 posts

Posted Thu December 29, 2022 12:31pmReport post

The SHPO outlines what legal requirements the criminal courts have placed on him for public protection - relating to requirements he would commit a further criminal offence if he breaches them. The SHPO remains in place for a fixed time or indefinitely

Social services may still consider him a risk to your children in specific circumstances and want to restrict contact and if they thought that contact was happening could progress through child protection procedures and potentially court action if they thought the children were at risk. It's not a criminal matter unless you or he refuse to follow any court orders made. Social services should reassess risk of contact and types of contact whenever the circumstances change to their judgement of what is safe for your children can change based on things like age of children, safeguarding courses, rehabilitation, further concerns about his behaviour etc. Social services and associated courts are meant to act in the best interests of the children. It's quite possible for social services to have serious concerns about someone even if their SHPO doesn't specifically limit contact, just as they can about people who never had a SHPO in the first place or has even been convicted.

SOR requirements are to help make sure the police know where he is and pick up if he is likely to have significant contact with children that social services might need to assess. If he doesn't follow those requirements then that is an additional criminal offence.

Cher

Member since
March 2019

103 posts

Posted Thu December 29, 2022 9:00pmReport post

Thank you sad_and_scared for explaining it, it makes more sense to me now. X





Distressed and pregnant, I agree with SS 2 hours a week supervised is enough. X

Distressed and pregnant

Member since
November 2020

994 posts

Posted Thu December 29, 2022 9:50pmReport post

Is he trying to convince you to more time and unsupervised? While your child is under 18 and you are her legal guardian then your wishes carry more weight than ss recommendations. As long as you are happy with the arrangement as it is that's all that matters xxx

loulou74

Member since
September 2022

255 posts

Posted Thu December 29, 2022 10:05pmReport post

purplerain SS will most likely be in touch anyway after sentencing, but if you're happy with the current arrangement, they may allow that to continue. Contact restrictions in the SHPO usually say no contact with under 16 or under 18s UNLESS agreed by social services and parents of the minors.