Care Proceedings & Social Services Solicitors

Social services involvement with your children is serious. You have the right to legal representation — and legal aid to pay for it.

Whether the Local Authority has made a referral, started an assessment, held a child protection conference, or issued care proceedings — at every stage you have legal rights and options. Early legal advice shapes the entire trajectory of any social services involvement. Most parents qualify for legal aid regardless of income. Tell us where you are in the process and a specialist solicitor will advise you immediately.

Legal aid available regardless of income Representation at every stage Challenge care plans and placements Free confidential consultation

The Process — Stage by Stage

How social services involvement escalates — and where legal advice matters most.

Social services involvement rarely arrives without warning. At every stage — from an initial assessment to an Emergency Protection Order — you have rights, and the earlier you get legal advice, the more options you have.

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Initial assessment & child protection conferences

When social services receive a referral, they have a duty to assess. If concerns are identified, a strategy discussion and section 47 enquiry may follow. A child protection conference can result in a child being placed on the Child Protection Register under one of the categories of abuse or neglect. You are entitled to attend and make representations. A solicitor can prepare you for the conference and advise on any plan produced.

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Pre-proceedings — the PLO

Before issuing care proceedings, the Local Authority must follow the Public Law Outline (PLO) pre-proceedings process where there is no immediate emergency. You will receive a letter before proceedings inviting you to a meeting. This is a critical intervention point — what you agree to and what you say during PLO can directly affect whether care proceedings are avoided. Legal aid is available from this stage.

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Care proceedings in the Family Court

The Local Authority applies for a care or supervision order when it believes a child is suffering or is likely to suffer significant harm. Proceedings must be completed within 26 weeks. The court appoints a children's guardian (a CAFCASS officer) to represent the child's interests independently. You have the right to full legal representation throughout — funded by legal aid. A specialist solicitor will challenge the LA's case at every stage.

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Emergency Protection Orders

An Emergency Protection Order (EPO) can be granted without notice in genuine emergencies and allows immediate removal of a child. It lasts a maximum of 8 days and can be challenged. If your child has been removed under an EPO, legal advice is urgently needed — the window to challenge the order or secure a return of the child is narrow. Most EPO challenges are successful where the removal was disproportionate.

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Challenging care plans and placements

If the Local Authority proposes adoption, placement with foster carers, or a specific contact arrangement, these are not final until the court approves them. A solicitor can challenge the care plan if it is not in the child's best interests, argue for placement within the family (a connected persons assessment), and ensure contact arrangements are reasonable and enforceable.

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Kinship & special guardianship orders

Where a child cannot safely remain with their parents, placement with grandparents, aunts, uncles, or family friends is often preferable to foster care. A special guardianship order gives a carer parental responsibility and the ability to make day-to-day decisions without the birth parents' consent. Kinship carers are entitled to their own legal representation — also funded by legal aid — and to a connected persons assessment.

How It Works

Every stage of the process is one where early advice changes the outcome.

Social services involvement is not inevitable — and care proceedings do not always result in children being removed. Tell us where you are in the process and a specialist solicitor will explain your rights and realistic options, at no cost to you.

Submit Your Request
1

Tell us what has happened

Describe the stage you are at — initial contact, PLO, an EPO, or court proceedings already issued — and we will connect you to the right specialist immediately.

2

Solicitor advises on your rights

A public law family specialist advises on your rights at this stage, the Local Authority's duties, and what you can do to influence the outcome.

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Free consultation — legal aid confirmed

You receive clear advice and confirmation of legal aid eligibility — the vast majority of parents and kinship carers qualify regardless of income.

Act Now — The Window Is Narrow

The Local Authority has a legal team. So should you — from the very first contact.

Legal aid means you pay nothing. A specialist solicitor means the Local Authority's case is challenged properly, at every stage.

Get Legal Advice Now

Common Questions

Care proceedings & social services — what people ask us.

Do I have to cooperate with social services?

You are not legally required to cooperate with a section 47 assessment, but refusing or being uncooperative will be noted and can significantly affect how the Local Authority and later the court view your case. There is a balance between asserting your rights and demonstrating willingness to work with professionals. A solicitor will advise on what to engage with, what to say, and where to push back — before you have any conversations with social workers.

Social services want to remove my child. Can I stop them?

Whether social services can remove your child depends on what legal authority they have. Without a court order, they cannot remove your child unless you consent — and you should not consent without legal advice. They must either obtain an Emergency Protection Order or a Police Protection Order (lasting 72 hours) to remove without consent. Where removal is planned under proceedings, there will be advance notice and a hearing. A solicitor can challenge removal at the hearing or apply to discharge an EPO.

Will I qualify for legal aid in care proceedings?

Almost certainly. Legal aid for care proceedings (and for PLO pre-proceedings) is available to parents on a non-means-tested basis — meaning income and capital are not assessed. You qualify automatically as a party to care proceedings. Kinship carers and connected persons seeking a Special Guardianship Order also qualify for legal aid. There is no financial eligibility test to pass — your legal representation is funded as of right.

My child has been placed with foster carers. Can I see them?

When a child is in local authority care, contact is governed by the contact plan, which must be agreed and reviewed. The Local Authority has a duty to promote reasonable contact between a child in care and their parents. If the contact plan is inadequate or contact is being restricted without proper reason, you can challenge this — at a statutory review, through your solicitor, or by making a section 34 application to the court. A solicitor can advise on what level of contact is realistic and how to secure it.

The court has made a care order. Is that the end?

Not necessarily. A care order gives the Local Authority parental responsibility, but it can be challenged, varied, or discharged on an application to the court. If circumstances change — if you have addressed the concerns that led to the order — you can apply to discharge it. There are also appeal routes if you believe the original decision was wrong in law. A solicitor can advise on whether grounds for discharge or appeal exist in your case.

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