Cases Involving Social Services

A local authority can start care proceedings when it has reasonable grounds to believe a child is suffering, or is likely to suffer, significant harm. This might follow a Section 47 investigation, a serious incident, or a pattern of concerns raised over time by social workers, schools, or health professionals. Proceedings can begin urgently, sometimes without warning, or after a pre-proceedings stage where concerns have been formally set out. If social services have contacted you or written to you about concerns, seek legal advice immediately.

A Section 47 investigation is carried out by the local authority when it receives information suggesting a child may be at risk of significant harm (a specific legal test). Social workers assess the child’s situation, speak to parents and other professionals, and decide whether further action is needed.

The investigation may lead to a child protection conference, where a child protection plan is put in place, or it may result in care proceedings being initiated. If your child is subject to a Section 47 investigation, take legal advice straight away.

The Public Law Outline (PLO) is a pre-proceedings process run by the local authority before formally starting care proceedings. You’ll be invited to a meeting where the local authority sets out its concerns and what it expects you to do to address them. You’re entitled to have a solicitor present at this meeting, and we strongly recommend you do. The PLO is a genuine opportunity to demonstrate change and avoid court proceedings. We advise clients on what the local authority is looking for, how to engage effectively with the process, and what happens if concerns aren’t resolved.

Yes. Legal aid is available for all parties in care proceedings. Parents and anyone with parental responsibility for a child are entitled to legal aid automatically, regardless of their financial circumstances. Grandparents and other family members can apply on a means and merits basis. Legal aid also covers pre-proceedings advice and representation at PLO meetings. We handle the legal aid application for you and ensure you’re represented from the earliest possible stage.

An Interim Care Order (ICO) is a temporary court order made during care proceedings, giving the local authority shared parental responsibility for a child. It allows the local authority to make decisions about the child’s care while proceedings continue, which may include placing the child in foster care. An ICO is not a final decision. We challenge the terms of interim orders where possible, seek contact arrangements for parents and family members, and work to influence the final outcome of the proceedings.

A Special Guardianship Order (SGO) gives a family member – often a grandparent, aunt, uncle, or family friend – parental responsibility for a child on a long-term basis as an alternative to adoption. The child retains their legal identity and can maintain links with their birth family. SGOs are often sought by family members who want to care for a child when parents are unable to do so. We advise on eligibility, support the assessment process, and represent applicants in court.

Yes, and you’re entitled to one. Each party in care proceedings should have independent legal representation. Parents, grandparents, and other family members can all have their own solicitor, funded by legal aid. The local authority has its own legal team, and you should too. Having separate solicitors for each party protects everyone’s interests. We act solely for our client, ensuring their case is put clearly and that no conflict of interest arises.

If social workers with Children Services (a part of the local authority) wanted to remove a parent or other primary carer’s child or children, they would have to be able to demonstrate that the child or children in question had been seriously harmed, or would be likely to suffer from significant harm in the future if no action were taken. If you receive a letter from Children Services in which concerns are raised about the care you give to your child or children, then you should phone us immediately and we can discuss your particular circumstances.