Children & Social Services
If you are facing a situation where social services are involved with your children, we understand that this can be an incredibly distressing time. It is crucial to act quickly and seek expert legal advice.
We are contracted with the Legal Aid Agency to provide legal aid for cases involving social services.
If you are facing a situation where social services are involved with your children, we understand that this can be an incredibly distressing time. The possibility of having children removed from your care is one of the worst things that can happen to a parent.
It is crucial therefore to act quickly and seek expert legal advice from social services solicitors, as soon as possible. You don’t need to wait until court proceedings have commenced – a lawyer can help you through the pre-proceedings process.
Our social services solicitors can provide you with the advice you need, assisting you both before any proceedings are commenced, and representing you throughout all stages of the court process if proceedings do take place.
And you don’t need to worry about the cost of legal representation – we are contracted with the Legal Aid Agency to provide legal aid for cases involving social services.
Children & Social Services
When social services have concerns about the safety and well-being of a child in their local authority area, they have a legal obligation to investigate.
That does not, however, necessarily mean that care proceedings will immediately be commenced. Indeed, save in an emergency situation, care proceedings will only be initiated after all efforts have been made to keep the child with his or her birth family.
A pre-proceedings meeting (otherwise known as a ‘Public Law Outline meeting’, or ‘PLO meeting’) between the local authority and the parents will usually take place as a final attempt to prevent the matter going to court. Before the meeting the parents will receive a letter from the council outlining its concerns, and inviting the parents to attend the meeting. The parents are entitled to bring a solicitor to the meeting (free legal aid is available).
At the meeting the local authority will make clear to the parents what is expected of them in relation to their child, and that if those changes are not implemented effectively, care proceedings may be issued.
If care proceedings are issued then they will essentially take place in three stages: the Case Management Hearing, the Issues Resolution Hearing, and the Final Hearing.
At the Case Management Hearing the court will decide what evidence needs to be filed. It will then set a timetable for the evidence to be filed, and for the next stages in the case. The court will usually expect the case to be completed within 26 weeks, although this deadline can be extended.
The purpose of the Issues Resolution Hearing is to see whether everyone involved is able to agree upon long-term plans for the child, including where the child should live and what contact anyone should have with them. If agreement is reached, then this might be the final hearing. If agreement can’t be reached then the hearing will be used to identify and narrow the issues that need to be decided at the Final Hearing.
At the Final Hearing the court will hear all of the evidence, and decide whether or not a care order should be made.
A care order can only be made if the court is satisfied that the child concerned is suffering, or is likely to suffer, significant harm; and that the harm, or likelihood of harm, is attributable to:
- The care given to the child, or likely to be given to the child if the order were not made, not being what it would be reasonable to expect a parent to give to the child; or
- The child’s being beyond parental control.
This is known as the ‘threshold criteria’.
What happens if a care order is made?
A care order gives the local authority parental responsibility for child. The local authority will have the power to make decisions about the child’s welfare and where they should live. The child may be placed with their parents, relatives, a children’s home, or foster parents.
The court may also make a placement order, which authorises the local authority to place the child for Adoption.
Legal Aid
Legal aid is still available on a non-means, non-merits tested basis for parents involved in care proceedings. This means that regardless of the parents’ income, they are eligible, and the prospects of success are not considered in relation to whether they get legal aid. Legal aid for care proceedings is completely free.
Our social services solicitors can assist you with the legal aid process.
Get in Touch
Whether you have been invited to a Pre-proceedings/Public Law Outline (PLO) meeting or are facing care proceedings, our expert team of social services solicitors will provide you with straightforward, practical advice. We will ensure that you receive a fair hearing, and we will endeavour to reach a child-focused outcome.
FAQs
What legal powers do social services have?
“Social services typically the have legal powers and duties under the Children Act 1989. Their main role is to safeguard and promote the welfare of children. They have the responsibility to investigate situations where a child may be at risk of harm as well as to provide support to families in need, and take protective action if necessary. They have the legal power to carry out investigations if they believe a child is suffering or likely to suffer harm.
They also have the power to provide voluntary help to families under Section 17, or to offer temporary accommodation for a child under Section 20 (with parental consent). In more serious cases, they can apply to the court for Emergency Protection Orders, Care Orders, or Supervision Orders to ensure a child’s safety. They cannot remove a child from their parents permanently without a court order.”
What happens when social services seek legal advice?
When social services seek legal advice, it usually means they are concerned about a child’s welfare and are considering taking formal legal action. This process often begins after they have carried out assessments or investigations and believe that voluntary support is no longer enough to protect the child. The legal advice helps them decide whether to begin court proceedings or to take another course of action.
What are my rights against social services?
As a parent or guardian, you have several different rights when dealing with social services. You have the right to know why social services are involved with your family and what concerns they have, as well as if they are undertaking any investigations. You also have the right to seek legal advice. In a number of child protection cases, you may qualify for legal aid, meaning a solicitor can represent you free of charge. You are also entitled to have your solicitor present with you during formal meetings with social services, such as PLO meetings.
How long can social services keep a case open in England and Wales?
There is no fixed time limit for how long social services can keep a case open in England and Wales, nor are there any specific guidelines on how long social services can keep a case open. It mostly depends on the type of case and the level of concern. Social services may review your case weekly, bi-weekly or monthly, depending on the situation. This can dictate how long they keep your case open for. If things improve during social services proceedings and there are no longer concerns about your child’s welfare, the case can be closed.
How long do the local authority take to apply to the court for your child/ren?
The time it takes for orders to take effect depends on the type of order being applied for. There are three main types of court orders that take varying lengths of time to action:
Emergency Protection Orders (EPOs) can be made and put into action very quickly, sometimes within hours. These are usually put in place if a child is in immediate danger or is a high level of risk.
Interim Care and Supervision Orders take effect as soon as the court grants them and remain in place until the final hearing of the case. You would usually have a few days notice of this application.
Final Care and Supervision Orders come into effect as soon as they are made by the court, usually around 6 months after interim orders have been made. Once this type of order is granted, it must be actioned straight away.
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