Childcare Law

Find out what our Childcare Law service consists of

Our small team of children law solicitors can represent parents and other family members on a wide range of issues relating to social services. It is a very stressful, emotional and worrying time when social services are involved with your children.

Childcare law is when a public body (the Local Authority/ Social Services) start proceedings in respect of your child/children. We can offer advice and represent you at Public Law Outline (PLO) Meetings or through care proceedings through the courts.

We also offer a free 30 minute consultation if you have any queries about social cares involvement with your family. If you are a parent or have parental responsibility for a child then you will be automatically eligible for legal aid to be represented in the proceedings.

The proceedings should last 26 weeks (six months) but they can take longer.

Some of the terms you may hear are:

• There are orders which are made at the start of the proceedings these include:
  1. Interim Care Order - Social Services gain Parental Responsibility for your child and they can decide where he or she lives. An Interim Care Order often means that a child goes into foster care, or with a family member whilst assessments are being carried out.
  2. Interim Supervision Order - Social Services do not get parental responsibility for your child. The child will stay at home or sometimes may go to live with other members of the family. This Order places a duty upon Social Services to advise, befriend, assist and support you or the family member who is caring for the child.
  3. Child Arrangement Order - If a child cannot stay with his or her parents then a Judge must look to family members first before considering foster care. This will allow that family member to look after your child and have parental responsibility for them whilst the case is ongoing. They will share this Parental Responsibility with anybody else who has it e.g. the child’s mother. The family member who obtains a child arrangement order can also be eligible for legal aid and become a party to proceedings. This means they can attend hearings and will have access to the court bundle.
• Final Orders
  1. Care Order - Social Services gain Parental Responsibility for your child and can decide where he or she lives. Children are usually placed into foster care. Social Services legally share parental responsibility with the parents but really Social Services make all of the important decisions. This Order is in place until your child reaches 18 years old. You are usually able to have some contact with your child whilst they are in foster care.
  2. Supervision Order - Social Services do not have legal rights. They have to "advise, assist and befriend" the family care for the child. A Supervision Order is usually made where the court thinks it best for the children to live with parents or family members. This Order is often made for a period of 6 to 12 months. If required the Local Authority can apply to extend the Order up to a period of 3 years.
  3. Child Arrangement Order - Sometimes the court decides that it is best for the child to live with other family members under a Child Arrangement Order. These orders give parental responsibility to the family member who is caring for the child. They both usually last until the child is aged 18 but they can be changed later by the court.
  4. Special Guardianship Order - Often the Court will make a Special Guardianship Order (rather than a Child Arrangements Order) at the end of proceedings when children are to live with family members. This is seen as a long term and permanent order and is usually in place until the child reaches 18 years of age. You need permission of the Judge to apply back to Court to change this order and so it can be very difficult. The Special Guardians will have "enhanced" Parental Responsibility and the parents lose some rights. The Special Guardians can make decisions for your child without consulting you.

Other terms you may hear are:

• Early Help/Early Intervention - This is voluntary engagement with services to try and prevent escalation.
• Child in Need – A child in need plan is developed at a child in need meeting often after a s.17 assessment. A provision of services and support is agreed and it is hoped that improvements will be made within twelve months. Although child in need can last a lot longer especially if the child has a disability.
• Child Protection Plan – The plan is created at the child protection meeting which will involve a number of professionals such as school and health. A child protection plan means there are concerns that a child may be at risk of harm.