Care Proceedings & Children at Risk – 174 Family Law
When social services become involved with your family, it can feel frightening and overwhelming. Whether you have received a letter from the local authority, been invited to a child protection conference or are facing care proceedings, we provide clear, compassionate and robust representation to help you understand what is happening and protect your relationship with your children.
I’ve received a letter from social services – what should I do?
Seek legal advice straight away. If the local authority has sent you a ‘letter before proceedings’ under the Public Law Outline, it means they are considering applying to court. The letter invites you to a pre-proceedings meeting, and you are entitled to bring a solicitor with you. Legal advice at this stage is free regardless of your income, so please contact us as soon as you receive the letter.
Will social services take my child away?
Removing a child from their family is always a last resort. In most cases the local authority will work with you to put support in place while your child stays at home. A child can only be removed without your agreement by order of the court or, in an emergency, by the police for up to 72 hours. If the local authority applies to court, you have the right to be represented and to put your case to the judge.
Do I have to pay for legal advice in care proceedings?
No. Parents and anyone with parental responsibility are entitled to legal aid in care proceedings without a means or merits test, so representation is free regardless of your income or savings. Other family members, such as grandparents, may also be eligible for legal aid depending on their circumstances. We will check your eligibility at your first appointment.
What is Section 20 and should I agree to it?
Section 20 of the Children Act 1989 allows the local authority to accommodate your child with your agreement, without a court order. You keep parental responsibility and can withdraw your consent at any time. Because agreeing can have long-term consequences for your family, we strongly recommend speaking to a solicitor before you sign anything.
Can family members care for my child?
Yes. The local authority should consider whether a child can live safely with family or friends before looking at foster care. If a grandparent, aunt, uncle or family friend is able to help, it is important to put them forward early so they can be assessed. We also advise family members who wish to apply for a Special Guardianship Order or a Child Arrangements Order.
Navigating Care Proceedings & Social Services
Not every children’s case is a dispute between parents. Where a local authority believes a child is at risk of significant harm, it can step in to safeguard them – sometimes by applying to court. These are known as public law cases. Our specialist team represents parents, grandparents and wider family members at every stage, from the first contact with children’s services through to the final hearing, making sure your voice is heard and your rights are protected.
If your concern is about arrangements between parents rather than social services, see our Children’s Issues page.
Social services are involved with my family – what happens now?
Seek specialist legal advice early
Contact us as soon as social services raise concerns. Early advice can make a real difference to the outcome, and legal advice is free for parents who receive a letter before proceedings.
Child protection enquiries & conferences
Social services may carry out enquiries and hold a child protection conference. This may lead to a Child in Need or Child Protection Plan setting out the support and changes expected.
Pre-proceedings (PLO) meeting
If concerns continue, the local authority will send a letter before proceedings and invite you to a meeting. We attend with you to negotiate a workable plan and, wherever possible, avoid court.
Application to court
If the local authority applies for a Care or Supervision Order, a Children’s Guardian from Cafcass is appointed to represent your child, and we represent you throughout.
First hearing & interim orders
The court decides where your child should live while the case continues. Where appropriate we challenge applications for an Interim Care Order and argue for your child to remain at home or with family.
Assessments & evidence
Parenting, family and expert assessments are carried out. We make sure they are fair, help you prepare and put forward family members who could care for your child.
Issues Resolution Hearing
The court narrows down the issues still in dispute. Many cases are resolved at this stage, for example with a return home, a Supervision Order or a Special Guardianship Order.
Final hearing & final order
If matters cannot be agreed, the judge hears the evidence and makes a final decision. The court aims to conclude cases within 26 weeks, with your child’s welfare at the heart of every decision.
Protecting children today, supporting families for tomorrow.
