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
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.
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 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:
Swindon, Wiltshire and Gloucestershire
Eastbourne and East Sussex
High Wycombe and Buckinghamshire
Milton Keynes and Buckinghamshire
Meet Our Public 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
Susanne Seaton
Associate Solicitor
Richard Wainman
Senior Associate Solicitor & Team Leader
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
Wendy Still
Consultant Legal Executive with Litigation Practice Rights
Jess Reddy
Solicitor and Team Leader
Rhianna Kirby
Solicitor
Frequently Asked Questions
The Local Authority may initially send you a letter before proceedings. This letter is a final notice to the child’s parents, and it will contain details about the concerns surrounding the welfare of the child.
If you have received one of these letters, you will be required to attend a pre-proceedings, or PLO, meeting with the Local Authority.
Following a pre-proceedings, or PLO, meeting, the Local Authority may not start court proceedings if you can show that your child’s welfare and needs are being met, and if the concerns are addressed. If you cannot do this, then the Local Authority may decide to start court proceedings.
Once a letter has been received by the parents, they will be required to attend a pre-proceedings, or PLO, meeting with their legal representative and the Local Authority. The parents will be given a “contract of expectations” which sets out what is expected of the parents in respect of their child in order to reduce the concerns the Local Authority has surrounding the child.
Care proceedings may begin if the changes set out in the contract of expectations cannot be addressed and if the Local Authority remained concerned about the welfare of your child.
Our care proceedings solicitors are able to attend meetings with parents known as Pre-Proceedings or PLO meetings. These meetings are very important because this is when Social Services often decide whether or not court proceedings should be started. Having an experienced care proceedings solicitor to represent you can therefore be crucial. If as a parent, or a care giver with parental responsibility for the child, you have been asked to attend such a meeting, you are automatically entitled to Legal Aid.
Care proceedings are initiated when the Local Authority believes the child has suffered or is suffering significant harm or is at risk of suffering significant harm.
The Local Authority must present information and evidence to the court regarding the reasons why it has concerns about the child’s welfare and why the child is at risk of harm. The information and evidence will be presented to the court prior to the first hearing. This information will usually be sent to you prior to the court hearing. .
The court can decide on a number of possible outcomes at the conclusion of Care Proceedings which include:
- Care orders, including foster care
- Supervision orders
- Placement for Adoption Orders
The law states that care proceeding cases should be completed within 26 weeks (6 months) of starting, though there can be instances where cases last longer than this.
The court will need full disclosure from the Local Authority detailing its plans for the child when deciding whether an order is the best way of protecting a child’s welfare. A document called the care plan will need to be presented to the court containing the proposed details.
The care plan must contain information regarding where the child will live, what contact they will have with their parents, and any other family members, as well as who the responsible person is for reviewing the care plan.
Where the court decides that the child is suffering significant harm or is at risk of suffering significant harm as a result of the care being given, or they are beyond parental control (see Threshold below), the court must then decide if an order is necessary and proportionate to the risk being faced. In circumstances where the court is satisfied that there is an immediate risk to the child’s safety, either physical or psychological, the court can order a child to be placed with another family member, or in foster care, under an interim care order.
An interim supervision order can be made if the child remains living at home which imposes a duty on the Local Authority to ‘advise, assist and befriend’ the child. .
Care orders are put in place to allow the Local Authority and the parent to share parental responsibility of the child in question. In these instances, the parents will still have their parental responsibility. .
Occasionally when care orders are issued, children will remain at home with their parents. Though it is more common in these instances for children to live in residential placements or with foster carers.
Thought also must be given as to what the proposed arrangements for the contact between the parent(s) and child will be if the child is not staying at home. If care proceedings are issued, the Local Authority does have a duty to ensure they are promoting reasonable contact between parents and children.
Unless it is discharged early, a care order, will continue until the child reaches 18.
The difference with supervision orders is that the Local Authority does not have parental responsibility of the child. Under a supervision order, the child will also usually continue to live at home.
As per the Children Act 1989, a supervisor will have a duty to:
- advise, assist and befriend the supervised child;
- to take such steps as are reasonably necessary to give effect to the order; and
- where –
- the order is not wholly complied with; or
- the supervisor considers that the order may no longer be necessary,
to consider whether or not to apply to the court for its variation or discharge.
In addition, a supervision order may require the child to comply with instructions given by the Local Authority.
To begin with, a supervision order lasts for 1 year. A supervision order can only be in place for a maximum of 3 years. If extension is required beyond the first year, the Local Authority can make an application to the court.
To begin with, a supervision order lasts for 1 year. A supervision order can only be in place for a maximum of 3 years. If extension is required beyond the first year, the Local Authority can make an application to the court.
An interim care order is made for a short-term period and made during court proceedings whilst assessments are taking place.
A care order is made at the end of the court proceedings and can last until the child reaches the age of 18, unless it is discharged before then.
A placement order allows the Local Authority to place a child with a potential adoptive family. This is usually at the end of care proceedings and would normally take place before an adoption order application is made. Such orders can be made without the consent of the child’s parents and allows the child to live with the prospective adoptive family.
Parents can permit the making of a placement order. In such instances, it is assumed that the parent agrees that the child should be adopted. However, placement orders can be made without the parent’s permission if their consent is dispensed with by the court. This may only be the case after it is concluded that it is in the child’s best interests and welfare. When the parent does not consent, the court must consider the impact adoption would have on the child, including whether the relationship with their birth family would be affected.
If a placement order is made and the child lives with the prospective adoptive family, and until the child is adopted, the parents will share parental responsibility for the child with the Local Authority until an adoption order has been made. During this time, the Local Authority have the capacity to rule what the parents can and cannot do, and what decisions they can make, for the child.
Emergency Protection Orders can be made for a maximum of 8 days. Additional extensions can be made up to a maximum of 15 days in total.
Emergency Protection Orders may be applied for in cases where someone fears that a child is in immediate danger. Almost all applications are made by the Local Authority, although the police or the NSPCC may also make these applications.
The Local Authority, a person who has parental responsibility of the child, and the child themselves can make an application to discharge a care order. The court would need to see a significant change in circumstances supported by clear evidence of the change. A parent may also make an application for increased contact with a child who is in foster care under a care order.
If you are a parent, or have parental responsibility, of the children involved in the care proceedings, you will automatically be entitled to Legal Aid for care proceedings. This is available to you regardless of your financial circumstances.
Section 31 Children Act 1989 sets out the requirements for the making of either a care or supervision order, known as the ‘threshold criteria’.
The Local Authority must have reasonable grounds for making an application for a care order or supervision order, and there are a number of criteria (known as the Threshold Criteria) that must be met in order for a care order to be issued. The Local Authority must be able to satisfy that the Threshold Criteria are met. If the Threshold Criteria cannot be met, an order cannot be made. The court has a 2-stage test that must be fulfilled:
Stage One – the Threshold Stage:
This stage states that there must be satisfactory reason to justify making a care or supervision order.
This stage can only be passed if the court agrees that:
- The child is suffering, or is likely to suffer significant harm and that harm, is attributable to the care given to the child, not being what it would be reasonable to expect a parent to give, or the child is beyond parenting control.
Harm is defined in law as the “ill treatment or the impairment of the health or development of the child” (Section 31, Children Act 1989; Article 2). Physical, sexual, and emotional abuse, as well as neglect are all categories of significant harm.
Stage Two – the Welfare Stage:
This stage is where the court decides whether or not it is in the best interests and welfare of the child for a court order to be made. The Court also has to consider whether the order is necessary and proportionate to the concerns.
When the court is deciding whether or not to make an order, it must consider:
- The wishes and feelings of the child
- The child’s physical, emotional and educational needs
- The likely effect on him/her of any change in their circumstances
- The child’s age, sex, background and any characteristics of the child which the court consider relevant
- Any harm the child has suffered or is at risk of suffering
- How capable each of the child’s parents are of meeting the child’s needs
- The range of powers available to the court
This is known as the welfare checklist.
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