If 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 across England and Wales. Led by James Ferry, 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. We regularly represent families throughout Berkshire, Oxfordshire, Buckinghamshire, Wiltshire, South Wales and East Sussex.
Legal Aid is automatically available to parents, regardless of income or savings
Can Social Services Take Your Child Away?
A social worker cannot simply decide to remove your child from your care. If you do not agree to your child living elsewhere, the Local Authority will usually need to apply to the Family Court for an order authorising it to share parental responsibility and, where removal is proposed, the court must consider whether that step is necessary.
In urgent circumstances, the police also have separate powers to place a child under police protection for a limited period.
If Social Services are discussing removing your child or have told you that they intend to apply to court, you should obtain legal advice immediately.
Have You Received a Letter Before Proceedings?
A Letter Before Proceedings is sent by 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 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.
What if You Disagree With Social Services?
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. Where the concerns are clearer, a different approach may be required, focused on the practical steps that can be taken to address them.
Parents sometimes feel that they need to disagree with everything Social Services say because they are worried that accepting any concern will be used against them. That is not always the most effective approach. We look carefully at which concerns should be challenged and where it may be better to demonstrate that a parent understands the concern and is taking practical steps to address it.
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.
What Assessments Can Take Place During Care Proceedings?
The court may direct assessments to help it understand whether a child can safely remain with or return to their parents. Depending on the concerns raised, this might include parenting assessments, psychological or psychiatric assessments, drug or alcohol testing or assessments of other family members who could potentially care for the child.
If a grandparent, aunt, uncle or another relative may be able to care for the child, it is important that this is raised as early as possible. The Local Authority may need to assess them before the court makes its final decision.
How Our Care Proceedings Solicitors Can Help
James Ferry leads a highly experienced team with decades of experience representing parents and family members during care proceedings across England and Wales. 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.
Our team has detailed knowledge of Social Services’ legal obligations and will ensure the correct procedures are followed, challenging Social Services where they are not. We assess whether the concerns raised meet the legal principles a court would need to consider. Having legal representation is important to ensure your rights, and those of your family, are properly protected.
Where it will assist your case, we also work with independent agencies, such as addiction or domestic abuse support services, 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.
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. This will involve care proceedings before the 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 happens 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.
We advise and represent parents, children and family members in care proceedings across England and Wales, including:
Meet Family Law Team
James Ferry
Partner, Solicitor & Head of Department
Anne Davies
Senior Associate Solicitor & Family Team Leader for Oxford
Saifalee Doolooa-Collins
Senior Associate Solicitor & Team Leader for Reading
Susanne Seaton
Associate Solicitor
Richard Wainman
Senior Associate Solicitor & Team Leader for High Wycombe and Milton Keynes
Sarah Chan
Senior Associate & Solicitor
Manjit Rai
Associate Solicitor
Bushra Darr
Solicitor
Sukhdeep Sira
Associate Solicitor
Morgan Tunstill
Associate Solicitor
Siobhan Murray
Solicitor
Gayle Williams
Senior Associate Solicitor
Rebecca Eleady-Cole
Senior Associate Solicitor & Team Leader for Eastbourne
Wendy Still
Consultant Legal Executive with Litigation Practice Rights
Jess Reddy
Solicitor and Team Leader for Swindon
Rhianna Kirby
Solicitor
Saiqa Amjad
Family Law Solicitor
Frequently Asked Questions
Social Services cannot simply decide to remove a child from their parents without the necessary legal authority or agreement.
If you do not agree to your child living elsewhere, the Local Authority will usually need to apply to the Family Court. There are separate emergency powers that can apply in urgent circumstances, including police protection.
If you are being asked to agree to your child living somewhere else, you should obtain legal advice before making a decision wherever possible.
A Letter Before Proceedings is a formal letter from the Local Authority explaining serious concerns about your child’s welfare and informing you that it is considering starting care proceedings.
You will normally be invited to a meeting with Social Services as part of the Public Law Outline (PLO) process. This gives you an opportunity to understand the concerns, respond to them and discuss what changes or support may be needed to avoid court proceedings where possible.
You should obtain legal advice if you receive a Letter Before Proceedings and are invited to a PLO meeting.
Your solicitor can explain the concerns raised by Social Services, advise you before the meeting, attend with you and help you understand what is expected of you. What happens during the pre-proceedings stage can have a significant impact on whether the Local Authority ultimately decides to make an application to court.
If you are a parent or another person with parental responsibility and the Local Authority has started care proceedings, you will usually be entitled to Legal Aid regardless of your income or savings.
Legal Aid is also available to parents and those with parental responsibility during the formal pre-proceedings process following receipt of a Letter Before Proceedings.
Not necessarily. The start of care proceedings does not automatically mean that your child will be placed in foster care.
Depending on the circumstances, a child may remain living with a parent while proceedings continue. If the Local Authority believes that this is not safe, it may ask the court to approve different arrangements. The possibility of the child living with another family member may also be considered.
Potentially. If there are concerns about whether your child can remain in your care, the Local Authority and court may consider whether a grandparent, aunt, uncle or another relative or connected person could care for them instead.
Possible family carers should usually be identified as early as possible because assessments may need to take place before the court can consider them as a realistic option.
You do not have to agree with every concern, allegation or assessment made by Social Services. Your solicitor can review the evidence, identify factual inaccuracies and make sure your position is properly put before the Local Authority and the court.
However, disagreeing with Social Services does not necessarily mean that every concern should be challenged. In some cases, demonstrating that you understand a concern and taking practical steps to address it may be important. Your solicitor can advise you on how best to respond to the particular issues in your case.
Different assessments may be required depending on the concerns raised. These can include parenting assessments, psychological or psychiatric assessments, drug or alcohol testing and assessments of relatives who may be able to care for the child.
The purpose of an assessment is usually to provide the court with further evidence about the child’s needs, the concerns that have been identified and whether the child can safely remain with or return to a parent.
Care proceedings are generally expected to be completed within 26 weeks, although the court can extend this period where necessary.
The actual timescale will depend on the circumstances of the case, including the assessments required, the complexity of the concerns and whether other family members need to be assessed as possible carers.
The outcome will depend on the evidence and what the court considers necessary for the child’s welfare.
The court may decide that no further order is required, make a Supervision Order or Care Order, or approve arrangements for the child to live with another person. In some cases, the court may need to consider other long-term arrangements for the child.
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