Resolving disputes with local authority & social services

Where local authorities and social services are involved in child care matters, family emotions can run high. However, acting in the best interests of the child or children is the most important thing. If you are worried that local authorities are not doing what’s best for the child, seeking expert legal advice can help ensure the issue is swiftly resolved. 

We understand that as a parent, grandparent or guardian, you are likely to know your child the best, including understanding their needs and preferences. To speak to our team about how we can help you to best protect your child, contact us today.

What we can help you with

With years of experience in supporting families through legal issues relating to children and local authorities, our dedicated team of child care solicitors can help with: 

  • Resolving disputes over where a child/children should live
  • Deciding who a child should or should not see
  • Making important health, education and wellbeing decisions 
  • Applying for orders, including Child Residence Orders and Placement Orders 
  • Representing you in child care cases 
  • Making official complaints against a local authority’s provision for children
  • Advising on what the legal duties of the local authority are, including what will happen with the information they hold about you and your family and applying for disclosure
  • Guidance through the adoption process  

No matter the circumstances of the issue you’re facing, our team believes that when it comes to the care of children, no problem is too small. We handle every case with the same level of care and confidentiality, ensuring the child’s best interests, legal rights and future are safeguarded at all times.

Supporting the whole family

Our specialist child care solicitors work closely with our family law team, providing holistic advice for the entire family. We understand that every family is different, which is why we take the time to really get to know your individual situation as well as your desired outcomes. From this understanding, we tailor an approach for you which aims to achieve these if we believe that they are also in the best interest of the children. 

Don’t just take our word for it…

Our highly-experienced department has a tier one Legal 500 ranking and Muctar Johal, head of the department has also been recognised as a leading individual for many years running.

At Smith Partnership, Muctar Johal ‘leads his team by example’ and is a renowned figure in children law. 

Muctar Johal leads his team by example. His advocacy is exceptional. He is calm and unflappable. His ability to digest complicated medical reports is phenomenal.

The breadth of experience and knowledge within the family team make it the go to firm within the area for advice on complex legal issues.

Muctar Johal is quite simply exceptional. On the very rare occasions he does not have the answer to a complex legal issue, he will undertake thorough research and you can be sure you are getting the best advice.

The Legal 500, 2023

Why Choose Smith Partnership?

In complex and emotional situations, we know just how valuable clear and practical advice is -  which is why we pride ourselves on always being straight-talking. We ensure that any communication is easy to understand and jargon-free so that you are clear about your position and options at all times.   

Based in offices in Derby, Leicester, Burton upon Trent, Swadlincote and Stoke on Trent, our team is accessible, responsive and always willing to go above and beyond to protect your family, especially where there are children involved. Our dedication to this level of client care and expertise in this particular field is backed by our membership of the Law Society’s Children Panel.

Contact our team today

To find out how our expert team of solicitors can help you, contact us today on 0330 123 1229, send us an email via info@smithpartnership.co.uk or complete our contact form.

We represent children, parents, grandparents, carers and extended family members in all aspects of the law, particularly when a local authority is involved.

Our dedicated team of specialists has expertise across the whole range of public law child care matters, from the most complex to the least. This includes cases involving children’s deaths, serious alleged non-accidental injuries, child rape, serious sexual abuse and exploitation, contested immunisation, alleged factitious illness, neglect and emotional harm. We also have expertise in cases with an international element.

Our extensive experience and in-depth knowledge of the processes and procedures, both in pre-proceedings and in court, enables us to clearly advise and guide clients through what can be an incredibly stressful, difficult and complex time.

If Social Services are involved then parents may qualify for free legal aid. We are able to arrange non-means tested legal aid for parents and children in care proceedings, for which we can advise you as to your eligibility. We can also assess other family members, such as grandparents, aunts or uncles to see if they are eligible for legal aid if they too are involved in court proceedings.

- Muctar Johal, Partner & Head of Department

FAQs

The local authority cannot force you to end your relationship with your partner. However, you will almost definitely need a solicitor if it is alleged that your partner has, or is, significantly harming your children or that they present a risk of significant harm to your children. The local authority may use this as grounds to remove your children from you. They may also allege that, by continuing the relationship, you cannot adequately protect your children from harm, which would constitute grounds for removal.

You will almost definitely need a solicitor if social services tell you that they will be issuing care proceedings, that they will be holding a Public Law Outline meeting, if they ask you to sign a Section 20 written agreement or are convening a case conference, or they tell you that you need a solicitor.

You should seek legal advice immediately. The local authority can only place children in care with their parents’ consent or with a court order. We can evaluate the evidence quickly and advise you on the next steps.

 

We understand that if Social Services are wanting to remove your children from your care and place them in foster care, or with a family member, that this will be a very distressing time for you. You may be asked to attend a PLO (Pre-proceedings) meeting, which you should always attend because the Social Worker will want to try and work with you to avoid starting care proceedings.

The Local Authority should always give you notice if they are going to start care proceedings and are to apply to court for a Care or Supervision Order. Social Services need evidence to back up their concerns. We would always advise you to consult a solicitor to advise and assist you at this time and to represent you at any meetings or court hearings.

If Social Services are concerned about your child’s safety, they may wish to apply to court to seek orders to protect your child. The Public Law Outline (PLO) is the start of this process and Social Services will write to you and invite you to a meeting with a Social Worker to discuss their concerns. This is known as a pre proceedings meeting and a plan will be drawn up so that you as parents know what you need to do differently in order to protect your child from suffering significant harm.

The aim is to reach an agreement, to which you must adhere to, to try and avoid Social Services putting an application before the court for a Care or Supervision Order, which could mean that your child is removed from your care. You are entitled to free legal advice if you receive a letter inviting you to a meeting and you can take your solicitor along to the meeting with you. It is important that you attend the meeting and try and work with your Social Worker, who should also offer you support and guidance.

If the Judge is asked to make a Supervision Order, it means that Social Services still have serious concerns about your children, but they are not serious enough that they are asking the Judge to remove your children from your care straight away. The Local Authority will not share Parental Responsibility with you, and they will draw up a plan, which they will share with you as to how they can support you whilst they monitor your care of your children.

The Local Authority must always make an application to court for a Care or Supervision order. An Interim Care Order may be made at the beginning of proceedings if the Judge agrees that your children have suffered significant harm or are likely to suffer significant harm if they remain in your care. The Judge will then make an Interim Care Order if, he believes that it is in the best welfare interests of your child and in order to protect them and they need to be removed there and then. This is a holding order. It is not a final order and the Judge will want you as parents to be assessed to see if you can make changes to your lifestyles to try and work to get your children back in your care.

The Local Authority will share Parental Responsibility with you and will be able to make decisions about your children, such as where they should live. The Social Worker will draw up a Care Plan, which will set out how they will care for your children and this will be shared with you.