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 may be eligible to receive will depend on the extensiveness of social services’ involvement with your family.
Child in Need Plan
The lowest level of social services’ involvement is where a child is placed on a Child in Need Plan. The purpose of such a plan is to give parents extra support where needed and this is a voluntary plan. Parents can choose whether to engage with a Child in Need Plan. As this arrangement is voluntary and the idea is to simply support families as and where needed, parents are not required to seek legal advice. Therefore, there is no entitlement or eligibility for any funding under the Legal Help Scheme.
Child Protection Plan
If your child is placed on a Child Protection Plan, then you may be eligible for Legal Help Level 1 funding, but this is means and merits tested. If you are receiving Universal Credit, then this is known as a passporting benefit, and you will automatically satisfy the means test, but there will still need to be assessment of your capital. Your capital will include the value of your house and any outstanding mortgage, any savings, investments, valuables (over a certain value) and any other capital you may have such as any money that is owed to you. If the total of these assets exceeds £8,000 then you will not be eligible for legal advice under Legal Help Level 1. If you live with your partner or spouse, then their means will also be assessed for the purpose of legal advice under Legal Help Level 1 funding. In completing the form one of our Care Team members will also need to consider that the merits test is met namely that there is likely to be sufficient benefit to you, having regard to all the circumstances of the case, including your circumstances, to justify the cost of the provision of legal help. If both means and merits tests are met, then you will qualify for Legal Help Level 1 funding and this will allow a member of our Care Team to attend Child Protection Conferences with you, take a detailed note of what is discussed and provide you with advice before and after Conferences. If you are not eligible for Legal Help Level 1 funding, you can still obtain legal advice on a private funded basis from one of the members in our Care Department.
Pre-Proceedings Process
If the Local Authority enter the Pre-Proceedings process regarding your children, then it means they are escalating their involvement with your family due to increased concerns about your children’s safety. Provided that you are the biological parent or a person with parental responsibility for the child/children made subject to the Pre-Proceedings process, you will be automatically eligible for Legal Help Level 2 funding. This is not means or merits tested. You simply need to provide us with your Pre-Proceedings letter from the Local Authority and sign a Legal Help Level 2 form. Then, a member of our care team can attend the Pre-Proceedings meeting with you as well as any Child Protection Conferences that take place alongside the period of Pre-Proceedings. You will receive legal advice regarding the Local Authority’s concerns, representation at the meeting and a summary of the Pre-Proceedings meeting, a Review Pre-Proceedings meeting and the Child Protection Conferences.
Care Proceedings
If the Local Authority have issued care proceedings regarding your children, then you will automatically be entitled to Full Legal Representation as this is non-means and non-merits tested. This means that one of our specialist solicitors in the Care Team will be able to represent you during these proceedings. Any parent is entitled to public funding to cover the cost of a solicitor or barrister representing them in connection with care proceedings. If you are not the parent of the children and you are involved in the case then you can still apply for public funding, but it will be subject to a means and merits test and your application will need to be considered by the Legal Aid Agency. Our solicitors will help you understand what the Court papers says, what will happen in Court and what decision the Court can make.
How can we help?
If your child or children have been made subject to a Child Protection Plan, Pre-Proceedings or Care Proceedings, we understand that this can be very stressful and that is why we are here to help and provide advice. We have experience in assisting parents at all stages of Local Authority involvement. Please contact Johnson Astills at either our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312 and ask or a member of the Care Team. Alternatively you contact us through our free online enquiry form or email us at careteam@johnsonastills.com and a member of our team will be happy to assist you.
