Public Law Outline
Understanding the Public Law Outline. When a Local Authority (council) becomes worried about a child’s safety or wellbeing, it can step in. In England and Wales, the rules for how this happens are mainly set out in
Child Care or Issues Involving Social Services
My child has been removed but I haven’t been to Court! Is this legal?
There are two ways a child can be removed from a parent or guardian without the need for a Court Order. This is through the parent or guardian signing a Section 20 Agreement, or through the police
What is a Residential Parenting Assessment and How do Courts Use Them?
When social services have serious concerns about a child’s safety or a parent’s ability to meet their needs, the Court may consider a residential parenting assessment. This involves the parent and their baby or young child staying
What is a Section 47 Investigation?
The detail of a section 47 investigation is set out in s.47 Children Act 1989. It applies when the Local Authority/Children’s Social Services have received a referral which has been made to them by any person who
What is a Cognitive and Capacity Assessment?
When a Local Authority issues Care Proceedings, the Court must ensure that all parties can participate effectively in the process. One crucial consideration is whether a parent has the mental capacity to understand, engage with and instruct
Who and What is the Official Solicitor?
A person who lacks litigation capacity will be allocated a case worker on behalf of the Official Solicitor to act as their Litigation Friend in Court Proceedings. The Official Solicitor acts as a last resort representative for
What will Children’s Services do about Domestic Abuse?
Domestic abuse can have a significant impact on every part of family life, including when Children’s Services become involved. Many parents worry that asking for help will mean that their children are taken away, but in most
Types of Harm Considered in Care Proceedings
When the family Court deals with care proceedings, the main question is whether a child is suffering, or is likely to suffer, ‘significant harm’. This term comes from the Children Act 1989, which sets out the legal
What is an Emergency Protection Order?
An Emergency Protection Order (EPO) is a time limited protective order for emergency situations where there is a reasonable cause to believe that a child is likely to suffer significant harm. The three grounds on which an
How Often Will I See My Child During Care Proceedings?
When Care Proceedings begin, one of the biggest concerns for parents and families can be how much contact they will have with their child. The law recognises how important these relationships are and contact arrangements must be
What final orders can be made at the conclusion of Care Proceedings?
Care Proceedings are issued by the local authority when they have concerns about the welfare of a child. The court process is intended to conclude after 26 weeks, and the Family Court must then decide what arrangements
Does the Human Rights Act 1998 apply in Care Proceedings?
The protection of your human rights is vital in all aspects of the law. It is natural to wonder how these rights are maintained in Care Proceedings for parents, especially where the Local Authority are applying for
How can I prepare for a Parenting Assessment?
If social services are involved with your family, you may be asked to take part in a Parenting Assessment. This is a detailed process where professionals look at how well you meet your child’s needs and whether
Child in Need through to Care Proceedings
When social services become involved with families it can be frightening and overwhelming. Many parents worry that ‘social services want to take my children away’ but the reality is the law requires local authorities to assist and
What will happen if I run away with my child from social services?
Involvement with social services can be very difficult for families and many people wish to escape so that they do not need to deal with any intervention or scrutiny from social workers and other professionals. If the
What Parents Need to Know About Patch Testing in Care Proceedings
If you are a parent going through Care Proceedings, drug testing might be something that the Court asks you to do. One newer test you might hear about is called Patch Testing. It is important to understand
What does making an order for parental responsibility and a declaration of parentage mean?
When you have a child ‘parental responsibility’ refers to all the rights, duties, powers responsibilities and authority which by law a parent of a child has in relation to the child and their property. The term focuses
My social worker told me that I have to be supervised with my child. What does this mean?
If the Local Authority have concerns about a parent’s ability to care for a child, they may request or complete an assessment of that parent’s ability for care for them. The concerns may arise from an injury
Can I Tell the Press About My Care Proceedings?
Being involved in Care Proceedings is often one of the most stressful experiences a parent or guardian can face. When your family life is under scrutiny of the Family Court, it is natural to want to talk
I am being asked to monitor my alcohol usage through a breathalyser for social services.
If you have any involvement with social services that relates to your alcohol misuse it is likely you will be asked to undertake alcohol testing. There are lots of different methods that social services may use to
Will I get free legal advice if social services are involved with my children?
There are three levels of public funding for parents whose children are involved with social services. These are Legal Help Level 1, Legal Help Level 2, and Full Representation under Legal Aid. The level of funding you
What will happen at a Child Protection Conference?
Child protection conferences are an important part of the child safeguarding process. When professionals suspect that a child is at risk of significant harm, a Child Protection Conference may be arranged to assess the situation, create a
What is a Re B-S analysis, and does it impact my Care Proceedings case?
Re B-S was a Care Proceedings case that took place in 2013 and has shaped how Local Authorities are expected to evidence analysis when showing their final care plans. Whilst there has always been a duty on
I do not feel able to care for my child anymore. What can I do?
Social Services will usually become involved with a family because they are worried that the care being provided to a child is not reaching a good enough standard. However, Social Services can and will be approached by
What Are the Legal Ways a Child can be Cared for in a Family Placement?
Exploring Family Placement Options in Care Proceedings: Special Guardianship Orders, Child Arrangement Orders, and Kinship Fostering When a child is unable to remain in the care of their birth parents, there are several options for family placements
What is a North Yorkshire Hearing in Care Proceedings?
Where the Court has been provided with all the evidence relating to a child’s parents in Care Proceedings and the professional assessments of them are negative, they can be ruled out as potential carers before a Final
Legislating to keep families together and children safe, and to remove barriers opportunity
As of November 2024, the Government has announced they intend to reform the social care system. New rules and regulations have been put forward with an aim to widen opportunities for families to remain together. To summarise
Crowned with Care
For all children, going into the Care system can be extremely daunting. Local Authorities do their utmost to ensure that children are placed with culturally appropriate foster carers, but this is not always the case. Can you
“Help! Social Services Are Trying to Steal My Child”: Understanding the Process and Your Rights
The involvement of social services in a family’s life can be distressing, especially when parents fear that their child might be taken away. The fear of having your child “stolen” by social services is a common concern,
How accurate can hair strand tests be?
Often drug and alcohol tests are ordered during the care proceedings process. Parents are required to provide a section of their hair which is tested to consider if they have been misusing substances. It has recently been
What is a Risk Assessment?
If the Local Authority is completing a risk assessment, they are doing so to determine if there is a likelihood of a significant risk of harm to a child. This could be due to concerns regarding domestic
What is a Special Guardianship Order?
A Special Guardianship Order can be made when the Court determines that a child requires a long-term and stable placement which offers more permanence than a Child Arrangement Order. The need for a Special Guardianship Order can
What is the difference between a Psychological and a Psychiatric Assessment?
Psychological and psychiatric assessments are commonly ordered by the Court in Care Proceedings and are frequently requested by the Local Authority during pre-proceedings. However, these assessments are not the same and there are key differences that distinguish
What is an Initial Viability Assessment?
I am being asked to provide friends / family members to put forward for an Initial Viability Assessment, what does this mean If you are contacted by Social Services and told they are initiating Pre-Proceedings or Care
What is Threshold in Care Proceedings?
Threshold is an important document in Care Proceedings which sets out a list of concerns and is different for each case. This document is designed to prove to the Court that a child is suffering or is
Can I still see my child even if they have been adopted?
In recent years, the Family Court has placed further emphasis on the consideration of post-adoption contact. This is where children who have been removed from their parents’ care and have been adopted by a new family will
I’m not on my child’s birth certificate but I am the father!
Where do I stand with parental responsibility? When entering the care proceedings process father’s that are not registered on their child’s birth certificate or have not acquired parental responsibility via other means for example a parental responsibility
Will I be able to see my child if they are in Local Authority Foster Care?
When a Court removes a child from their parents’ care and places a child into Local Authority Foster Care, very often parents are worried about how they will see and spend time with their child. At Johnson
Can I Smack my Child?
For years, many calls have been made for the English Government to reform the law regarding smacking and hitting children. In England and Northen Ireland, any use of physical chastisement is illegal unless it amounts to a
What is a Safety Plan?
A safety plan is a document which is personalised for each family. The main goal of a safety plan is to safeguard children from any current or future risk of harm. Usually, Social Services will state what
Where can I seek support for domestic abuse?
In the last 12 months, it is estimated that more than 800,000 children in England and Wales have lived or continue to live in an abusive home.[1] Domestic abuse and violence remains a major concern for many
Role of an Independent Advocate during Care Proceedings
The role of an independent advocate is to support and assist a person to communicate their views, wishes and feelings. This may be encouraging them to voice their opinions or assisting their involvement in the court process.
Can I discharge a Care Order?
What is a Care Order? A Care Order is an Order made by the Court when the Court determines that a child is suffering or is at risk of suffering Significant Harm. When a Care Order is
What is a Looked After Child Review?
A Looked After Child Review can also be known as a LAC Review or a Statutory Review or a Review of Arrangements. This meeting includes all the people who are involved within the child’s life and discusses
What is Parental Responsibility?
Parental responsibility is the rights and responsibilities a parent has over their child. It simply encompasses completing the role of a parent that one would expect a parent to do. Parental responsibility is the legal term given
Can children give evidence in care proceedings?
The guideline to whether children should give evidence in care proceedings is set out in the case of Re W (2010) which is now the leading authority on this issue. The considerations that are outlined in Re
What assessments can the Local Authority do with my family?
Depending on what stage your case is at, the Local Authority could propose to undertake a number of different types of assessments when Social Services become involved with your family. What is a Section 47? Every child
What is a Children’s Guardian?
When the Local Authority issue Care Proceedings to seek Public Law Orders regarding children, the subject children will be allocated a Children’s Guardian to represent their views, wishes and best interests throughout the proceedings. The Guardian is
Can I get Legal Aid to Contest a Special Guardianship Order?
What is a Special Guardianship Order? A Special Guardianship Order (SGO) is a long lasting, Private Law Order, made by the Family Court. The Order appoints one or more individuals to become the child’s ‘Special Guardian.’ This
My child is in care and is having a sibling assessment, what does this mean?
A sibling assessment will evaluate the bond and relationship between siblings. A sibling can be defined as a person whom you share at least one biological parent with. An assessment will consider the sibling dynamic, and the
