If Oxfordshire Social Services have become involved with your family, obtaining legal advice at an early stage can make a significant difference. Whether you have received a Letter Before Proceedings, inviting you to a PLO meeting, or care proceedings have already been issued, we can provide clear advice, explain what happens next, and support you throughout the process.
Our Family Law team advises and represents parents, grandparents, children, and other family members throughout Oxford and Oxfordshire. Led by Anne Davies, we regularly assist clients facing some of the most difficult and stressful situations they will ever experience, including the possibility of children being removed from their care.
Legal Aid is automatically available to parents, regardless of income or savings
Have You Received a Letter Before Proceedings?
A Letter Before Proceedings is sent by Oxfordshire Social Services when they are considering issuing care proceedings concerning a child. The letter will usually set out their concerns and invite you to attend a formal meeting, often referred to as a PLO meeting.
Effectively this is to the last chance to avoid care proceedings at court. Obtaining legal advice before attending a PLO meeting is very important. We can support you throughout, helping you prepare for the meeting and advising you on the steps that may reduce the likelihood of court proceedings being issued.
We understand that PLO meetings can be particularly difficult, and Social Services often hold these virtually. Some clients find video meetings stressful or struggle with this format for other reasons. We are sensitive to these needs and will advocate for breaks or other adjustments to be made during the process where needed.
Are the Concerns Raised Fair?
The concerns raised by Social Services at this early stage are not always clear cut. Some issues, such as the appropriate level of freedom for a teenager, are subjective, and what one social worker considers a risk, another may not. We will look carefully at the concerns raised and can challenge assessments that we consider to be unfair or based on an incomplete picture of your circumstances. In other cases, a different approach may be required, focusing on the practical steps that can be taken to address the concerns.
What Are Care Proceedings?
Care proceedings are court proceedings brought by a Local Authority when it believes that a child has suffered, or is at risk of suffering, significant harm.
The court will consider the concerns raised by the Local Authority, hear evidence from all parties involved, and decide what arrangements are in the child’s best interests.
The Local Authority may seek various orders, including:
- Interim Care Orders
- Interim Supervision Orders
- Care Orders
- Supervision Orders
In some cases, the Local Authority may seek the removal of a child from a parent’s care while proceedings are ongoing. Parents often feel that the situation presented by Social Services does not tell the whole story. There may be important background information, or recent changes in circumstances that need to be properly explained to the court.
How Our Oxford Care Proceedings Solicitors Can Help
Our Oxfordshire team is led by Anne Davies, with decades of experience representing parents and family members during care proceedings throughout Oxfordshire. We have seen every type of case and understand how and why the court makes its decisions.
From the initial Letter Before Proceedings through to any final court hearing, our team can guide you through the process, advise you at each stage of the case, and make sure your voice is heard throughout.
Where it will assist your case, we also work with independent agencies, such as Turning Point, to obtain reports that support your position.
A number of our solicitors are members of the Law Society’s Children Panel, and we regularly represent children through CAFCASS in care proceedings.
Our Oxford Office Address
18, Kings Meadow, Ferry Hinksey Rd, Oxford OX2 0DP
[email protected] | 01865 260230
Meetings can be arranged at our Oxford office or virtually.
Oxford Family Court address
Hearings are heard at Oxford Combined court, which deals with both family and criminal matters.
Oxford Combined Court
St Aldates
Oxford
OX1 1TL
Care Proceedings - Key Information
Care proceedings begin when the Local Authority (Social Services) apply to the Family Court for an order relating to a child. For families in Oxfordshire, this will involve care proceedings before the Oxford Family Court. The first hearing often takes place within days of the application being made, when the court will consider the immediate concerns raised by Social Services and decide what steps need to be taken while the case progresses.
Often the application involves Social Services asking for the permission of the Court to remove the child/children from the care of their parents and place them in foster care. If this happen it is extremely important that you have legal representation in place.
During the proceedings, the court may direct a range of assessments involving the parents, wider family members and the child. An independent Children’s Guardian is appointed through CAFCASS to represent the child’s interests and provide independent recommendations to the court. The court will consider evidence from all parties before deciding what arrangements are in the child’s best interests and welfare.
While care proceedings are generally expected to conclude within 26 weeks, some cases may take longer depending on their complexity and the assessments required.
An Interim Care Order is a temporary order made by the Family Court while care proceedings are ongoing. It gives the Local Authority overriding parental responsibility for the child and allows important decisions to be made while the court considers the case.
The Local Authority may apply for an Interim Care Order at the start of proceedings if it believes that your child is suffering or is likely to suffer significant harm and the order is necessary. In some cases, the Local Authority may seek the removal of a child from a parent’s care, although an Interim Care Order does not automatically mean that a child will be removed.
Parents are entitled to challenge an application for an Interim Care Order and to present evidence to the court. The court will consider the circumstances of the case, the evidence available, and what is in the child’s best interests and welfare.
If the Court is being asked to consider removing a child from the care of his/her parent’s, the court must consider if the child’s immediate safety demands this serious step.
A Care Order is a long-term order made by the Family Court at the conclusion of care proceedings. It places a child in the care of the Local Authority, who then shares parental responsibility with the child’s parents, although the Local Authority’s parental responsibility is overriding
While parents retain parental responsibility, the Local Authority gains the power to make many important decisions about the child’s upbringing, including where the child lives, their education, and certain aspects of their welfare. The extent to which parents remain involved in decision-making will depend on the circumstances of the case.
A Care Order can remain in force until a child reaches the age of 18 unless it is discharged by the court. The long-term implications can therefore be significant, making it important for parents to understand the Local Authority’s proposals and the options available to them throughout the proceedings.
Applications can be made by parents to discharge Care Orders if they can show a ‘significant change in circumstances’ from when the Order was originally made.
A Supervision Order is a court order that allows a child to remain living with their parent or carer while the Local Authority continues to monitor and support the family. Unlike a Care Order, parental responsibility remains with the parents and the Local Authority does not gain parental responsibility.
Supervision Orders are often used where the court has concerns about a child’s welfare but considers that those concerns can be managed without placing the child in the care of the Local Authority. The order allows Social Services to remain involved, offer support, and monitor the child’s circumstances.
A Supervision Order is usually made for up to one year, although it can be extended by the court. It is generally regarded as a less intrusive order than a Care Order, while still providing ongoing oversight and support for the child and family.
If you are a parent and have received a Letter Before Proceedings from Social Services, or care proceedings have been issued, you are entitled to Legal Aid regardless of your income or savings.
If Social Services are involved but proceedings have not yet reached this stage, Legal Aid may still be available depending on your financial circumstances.
If you are eligible, we will arrange an appointment to complete the necessary paperwork and submit the application, allowing us to begin advising and representing you.
Meet the Oxford Public Family Law Team
Anne Davies
Senior Associate Solicitor & Family Team Leader for Oxford
James Ferry
Partner, Solicitor & Head of Department
Frequently Asked Questions
A PLO meeting is a formal meeting arranged by Social Services after a Letter Before Proceedings has been issued. The meeting provides an opportunity to discuss concerns before court proceedings are started.
Not usually. In the majority of cases, the Local Authority must obtain a court order before removing a child from a parent’s care. However, there are circumstances in which emergency action may be taken by the police for a limited period of time.
Parents involved in care proceedings or the pre-proceedings process qualify for Legal Aid automatically.
Yes, grandparents or other family members may be assessed as alternative carers during care proceedings, and there are circumstances in which they would be entitled to legal aid.
The timescale varies depending on the complexity of the case. Many care proceedings conclude within approximately 26 weeks, although some cases take longer.
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