Ameeta Bhuhi
Solicitor, Care Proceedings
English
If you’ve been contacted by Social Services because they have concerns about your child, you are likely to be worried and upset. It’s natural to want to know your legal rights and what you should do next.
Whether you’ve been told that Social Services intends to start Court proceedings about your child, or have been invited to a PLO meeting, our Child Care Proceedings Solicitors can help you.
If you are the parent of the child, or another person who has Parental Responsibility, such as a relative who has a Special Guardianship Order or a Child Arrangement Order, then in most cases, you will be entitled to Legal Aid to cover all of your legal costs, regardless of your financial situation.
Our specialist team of Child Care Proceedings Solicitors in London, Bristol, Leeds, Liverpool or Manchester can represent you at Court hearings and Pre-Proceedings meetings.
For help and legal advice, get in touch with our Child Care Proceedings Solicitors.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 4184
Child Care Proceedings Solicitors are highly trained, exceptionally experienced Solicitors who advise and represent people who have been asked to attend PLO meetings and Court hearings.
Our Child Care Proceedings Solicitors know that your children mean everything to you, and you may be terrified of them being taken into care. We will support you and your wider family throughout the care proceedings process. You can trust that your voice will be heard and that we’ll do everything possible to achieve the best outcome for you and your family.
The number one priority of anyone involved in care proceedings is the welfare and needs of the children. A Child Care Proceedings Solicitor has several roles and responsibilities, including:
Child Care Proceedings Solicitors are sometimes referred to as Social Care Solicitors. This is because care proceedings are generally brought by Social Services and involve social workers and Local Authority Solicitors.
You may also hear the term Child Care Solicitor. This is another name for a Lawyer who specialises in complex and sensitive care proceedings cases.
Having an experienced Child Care Proceedings Solicitor by your side in Court gives you the best chance of achieving a positive result. They understand the Family Court system and the rules and processes of care proceedings. Going through care proceedings can be overwhelming, and it’s completely natural to feel anxious. Having an expert legal representative by your side will provide reassurance and give you confidence throughout the process.
Child Care proceedings are held to establish whether a Care Order or an Interim Care Order needs to be put in place. A Care Order is an order made by the Family Court to place your child in the care of a Local Authority. An Interim Care Order places your child in temporary care whilst Court proceedings are ongoing to determine whether a final Care Order should be made.
Before going to Court, social workers from your Local Authority are likely to call a pre-proceedings meeting/PLO meeting, which is part of the Public Law Outline (PLO). This sets out the rules and processes when applying for Care Orders. A PLO meeting gives you and social workers the opportunity to agree on what needs to be done to protect your child from harm and what steps can be taken to achieve this without starting care proceedings.
If social workers still have serious concerns about your child’s welfare at the end of the PLO process, they will issue care proceedings. The first hearing, called a Case Management Hearing, will then take place a few days later. A Children’s Guardian will be appointed to advocate for your child, and a timetable for proceedings will be set up. If there are serious concerns about the safety and wellbeing of your child, the Court may make an Interim Care Order at this stage.
Before the next court hearing, your Solicitor, social workers, and the Local Authority’s legal team will gather evidence to help the Court assess your child’s needs and whether you can take care of them.
At the final hearing, the Court will examine the evidence, listen to representations from all the parties’ legal teams and make a decision based on the best interests of your child.
You can trust that our Child Care Proceedings Solicitors will be by your side through every stage of the care proceedings process, explaining each decision and advocating for the best interests of you and your family.
We can help you with:
It’s important to get legal advice as early as possible when Social Services are considering going to Court, so call one of our Child Care Proceedings Solicitors who can help you. Even if you are frightened, do not ignore letters, emails, and phone calls from Social Services, as this could affect your case. Instead, call us immediately and we will provide you with the advice and support you need to protect your family.
The Court’s final decision in a care proceedings case will depend on several factors, primarily what it determines to be in your child’s best interests.
There are four main orders a Judge can make:
These orders may seem complex, especially if you have never dealt with the Family Court before. But don’t worry, we’ll explain everything clearly and ensure you fully understand any Order made.
Care proceedings must be completed within 26 weeks. This is to reduce uncertainty for children regarding their future. However, given the pressure on the Family Court system, in practice, proceedings may take longer.
A Care Order cannot be made unless the Court is satisfied that the child concerned is suffering, or is likely to suffer, significant harm because:
Harm can refer to ill treatment, such as sexual, physical, or emotional abuse, damage to mental health, or damage to your child’s physical, intellectual, emotional, social or behavioural development.
The above is known as the threshold criteria. If met, the Court must consider the welfare checklist, which is a list of factors set out in section 1(3) of the Children Act 1989, before making an Order.
Your Solicitor will help you prepare for care proceedings by explaining the process and what is contained in the welfare checklist. Remember, it is their job to advise and support you, so if you have any doubts or concerns, you must ask. Your Solicitor will be more than happy to answer all of your questions.
Most people are incredibly nervous about social workers being involved in their family's life and being told that care proceedings have been issued. If you have never had dealings with the law before, having to go to the Family Court can be extremely intimidating. Our Child Care Proceedings Solicitors understand this and will do everything possible to make you feel confident and reassured. We are approachable, friendly, and compassionate, and our priority is your child's welfare and keeping your family together. We'll tell you what happens before, during, and after care proceedings, help you prepare, and support you through the entire process.
Regardless of your financial situation, you are entitled to Legal Aid. This means you don't have to worry about representing yourself, and Legal Aid will cover your legal representation and any contribution towards Court-appointed expert fees.
Care proceedings should be completed within 26 weeks. However, in complex cases, proceedings may take longer.
The Court may issue an Interim Care Order during the First Court Hearing.
After the hearing, the Court will order the parties to gather evidence from:
This evidence is used to assess your child’s needs and determine whether you can meet those needs successfully.
You have the right to be represented by a Solicitor and be regularly informed about what is happening during proceedings. The Court does not want to separate you from your child unless it is necessary. In fact, even if a Care Order is made, your child may still live with you.
An EPO is an urgent order granted to a Local Authority, allowing them to remove a child immediately if they believe the child will suffer harm if they do not act. An EPO can be made for eight days and can be extended to fifteen days if necessary.
PLO stands for 'Public Law Outline'. If a Local Authority is concerned about a child's safety within their family, social workers can apply for a Care Order or Supervision Order to protect the child. A PLO provides a set of rules that guide social workers on how to handle these types of cases.
Yes, and this will not negatively affect your case. You just need to write to your current Solicitor and inform them that you no longer want them to represent you. Your new Solicitor will then contact your old Solicitor and collect all the necessary files and information.
Bring any information you think is relevant, such as letters from your social worker, details of any plan given to you in the pre-proceedings meeting, and police or school reports that could support your case.
Yes, but not simply because you disagree with it. You can only appeal if the Judge applied the law incorrectly in your case or if they failed to consider a piece of relevant evidence or took into account evidence that they should not have considered. This must have influenced their decision.
We'll provide you with primary support during the care proceedings process. We can also recommend support services that can help you deal with some of the issues that led to care proceedings being brought, including:
Yes, a Children’s Guardian will represent your child. They are an independent professional and do not work for a Local Authority. They will have their own Solicitor.
You have two choices, you can either appeal the decision or apply to have it discharged. We’ll advise you on which option is best and provide the advice, representation, and support you need during the process.
Your Solicitor and/or a Barrister will attend the hearing with you to support you. In certain circumstances, you may be permitted to bring a family member, friend or a professional support worker but permission from the Court is required.
Contact one of our Child Care Proceedings Solicitors immediately. We are friendly, sensible, and empathetic. You can trust that we will carefully listen to your story and provide expert advice and representation.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 4184
