At RLE Law our family team specialise in advising parents and family members on their legal position when Social Services are involved with children within the family.
We are Children Law Accredited with the Law Society. It is always advisable to seek the services of a firm with this status in these types of cases.
We feel that it is crucial to obtain legal advice at an early stage, when Social Services first become involved. We have helped many parents whom find themselves in situations when the Local Authority (Social Services) becomes involved with their family and appreciate that it is a hugely worrying and daunting time.
Levels of Local Authority Involvement
There is, a spectrum of involvement that a Local Authority can decide to take when they are concerned about a child or children. This can range from a low-level care and support plan (CASP) to the case being taken to a Child Protection Conference, at the initial stages. If the concerns remain then it may be that the case escalates further to a process called PLO meetings and thereafter Social Services could elect to apply to place the matter before the Court.
PLO meetings
If Social Services are concerned enough that they are considering an application to Court in relation to a child, however they do not wish to do so quite yet, they may invite parents/ carers to a series of meetings called PLO meetings.
At these meetings it is essential to have a Solicitor present to represent your interests.
Care Proceedings
‘Care proceedings’ is the phrase used to describe the legal process by which a local authority asks the court to allow it to place a young person under its care. Children are only ‘looked after’ by a local authority when the court is satisfied that a child is suffering, or are likely to suffer, significant harm from the way they are being looked after by their parents or carers, or that a child is beyond a parent or carer’s control.
If a Local Authority is successful in obtaining a Care Order, then this will mean that they share Parental Responsibility for a child with the child’s parents. This can mean in some circumstances that a child will be placed outside of the family. However Social Services and the Court have a duty to consider any wider family members who may be able to care for a child if parents are unable to do so.
Supervision Proceedings
A Supervision Order is another option a Court may consider in these types of cases as an alternative to a Care Order. Such an Order means a lesser level of intervention from Social Workers.
Duration of Care and Supervision Proceedings
A case of this nature by law cannot take longer than twenty-six weeks, unless there is a special reason for it to be extended. It is often the case that ‘interim’ or temporary Care or Supervision Orders are made initially by the Court and then the case is adjourned for assessments of parents and any alternative carers to take place.
Importance of Legal Advice and Legal Aid
Given the seriousness of these cases we feel that it is essential to seek the advice of a Solicitor at the earliest opportunity when Social Services have involvement with the family. Legal Aid is often available for parents/ family members in such circumstances.
Discharge of a Care Order
We also assist parents and family members in looking to discharge care orders. This often takes place if after a Care Order has been made in a previous court case, there has been a change and improvement in circumstances. This may mean that a Care Order is no longer necessary.
Related Links
If your child is taken into care: Care proceedings - GOV.UK (www.gov.uk)