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.

Praised for ‘providing the best public service to its clients’, Smith Partnership has a highly specialist childcare offering, alongside its expertise in private family law matters. Commended by clients as a ’brilliant lawyer and advocate’, Muctar Johal co-leads the practice, with expertise in childcare matters involving complex and sensitive medical and care proceedings. Recognised for going ‘the extra mile for her clients’, Ruth Jones co-leads the practice alongside Johal. Clare Cuomo is adept at handling complex childcare matters, with a focus on issues involving teenage children, while Adele Woods is highly experienced in matters involving Children Act proceedings.

‘This is an exceptional firm, providing the best public service to its clients. I have seen first-hand how their teams operate, supporting each other. They have a terrific breadth of experience and enthusiasm for the work, which can be so challenging.’

‘The partner I know well is Muctar Johal. He has a superhuman ability to juggle a huge caseload, be an excellent advocate at court and yet finds time for his extremely vulnerable clients, to engage with them and gain their confidence. He is a brilliant lawyer and advocate.’

The Legal 500, 2026

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.

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

All mothers and some fathers have legal rights and responsibilities for their children, known as Parental Responsibility. It means that they have a duty to provide a home for their children and protect them and maintain them. Examples include:

  • Choosing what school the children attend
  • Agreeing to medical treatment
  • Naming the child and agreeing to a change of name
  • Ensuring that the children are supported financially

A mother always has Parental Responsibility. A father will only have it if he is married to the mother or is named on the child’s birth certificate as from 1st December 2003. Fathers can apply for Parental Responsibility if they do not have it.

If the Local Authority shares Parental Responsibility with you, it does not mean that you lose your parental rights, but they are shared. Under a Care Order, the Local Authority can sometimes exercise their shared parental rights over your parental rights, if necessary, to meet your child’s welfare.

The Social Worker might ask you if you agree to your children being placed with a family member or in foster care before they make an application for a care order. If you do agree, then you can withdraw your agreement at any time and ask for your children to be returned to your care. The Local Authority have to do this, or they may make an urgent application to the court for a Care Order.

If you agree to a Sc20 placement, it shows that you are willing to engage and work with Social Services and it will be recognised that you are willing to put your children’s needs before your own.