At Bakers we believe that children are better brought up by their family and everything possible should be done to ensure that this can be achieved.
Parents who have their children taken into care are entitled to free legal representation and we encourage you to contact us as soon as social services become involved with your family. Early and expert legal advice could prevent the need for legal proceedings.
PLO Meetings, Care Orders & Children in Care
When the Local Authority raise concerns about the care of your children, or your children are taken into care we understand how stressful and upsetting this can be for parents. We understand that when dealing with your children’s future, you will require expert legal advice but also a solicitor who will be sympathetic to what you are going through and be supportive throughout the proceedings.
Expert legal advice and representation when Social Services are involved in your family is essential. We have experience of representing parents, grandparents and children in such court proceedings.
Local Authorities have a duty to ensure that children are safe. If they have any concerns then they may intervene and seek to remove children from the care of parents. Our highly experienced team will assist you in all dealings with Social Services.
Parents will often be frustrated by Local Authorities and feel let down by them; we understand this and will assist you to ensure that you are properly represented by experts in the field.
The following are common court applications that are made by social services:
Emergency Protection Order
Such an order is applied for only when it is considered that a child is at immediate risk of harm. An Emergency Protection Order gives the Local Authority Parental Responsibility but initially this order can only be granted for a period of 8 days. Representation at a hearing when an application for an Emergency Protection Order is applied for is essential.
Care Order
Such an order provides the Local Authority with parental responsibility for a child. The parents who have parental responsibility will retain this but the Local Authority’s parental responsibility will override the parent’s and therefore they are able to make decisions in respect of the child. This can include where the children will live and will go to school. This Order will last until the child reaches the age of 18. The court is also able to grant Care Orders on an interim basis and they are often applied for if Social Services want children to be removed from the care of parents pending assessments. Representation in any such application is essential.
Supervision Order
Such an order places an obligation on the Local Authority to provide advice and assistance to the main carer of the child. It does not give the Local Authority Parental Responsibility. This will be for a defined length of time, usually 12 months.
Placement Order
This is an order which gives the Local Authority permission to place a child for adoption and this does not require the parents’ consent. Such orders are often applied for alongside Care Orders if the Local Authority intend to place a child for adoption.
Special Guardianship Order
This is an order where somebody other than the parents take responsibility for caring for the child until the age of 18. A Special Guardianship Order provides Parental Responsibility which they share with the parents but the Special Guardian is able to use their Parental Responsibility to make overriding decisions. Special Guardianship Orders are often applied for by grandparents and other family members when parents are unable to provide children with the care required. There are complex rules relating to Special Guardianship Orders including the provision of support services such as financial payments by the local authority. This means that expert legal advice is an absolute must.
We are also able to offer advice and assistance to all family members such as grandparents who may seek care of grandchildren as an alternative to being placed in foster care.
Bakers Solicitors are a memberof The Law Society’s Children Panel. Please feel free to contact Bakers Solicitors directly via family@bakers-solicitors.com.
A Care Order is an order made by the family court placing a child in the care of the local authority. The local authority shares parental responsibility with the child's parents.
FAQ
What is a s20?
A social worker may ask you to sign a section 20. This refers to section 20 of the Children Act 1989 and it is where parents agree to a child being placed in the care of the Local Authority. It is important that you seek advice about whether you should sign section 20.
What are care proceedings and when can Social Services take a child into care?
Care proceedings are legal proceedings brought by a local authority when Social Services believe that a child has suffered, or is at risk of suffering, significant harm. The local authority can apply to the family court for a Care Order or other appropriate order. If you are facing care proceedings, it is important to speak to an experienced care proceedings solicitor as soon as possible to understand your rights and options. A social worker cannot remove your child without an order from the Court. You should seek urgent advice if you are asked to agree to your child going into care.
What should I do if Social Services are trying to take my child into care?
If Social Services are considering taking your child into care, you should seek specialist legal advice immediately. An experienced care proceedings solicitor can advise you about your rights, help you respond to the concerns raised by Social Services and represent you throughout the family court proceedings. Getting legal advice at an early stage can help you understand what you need to do and how to prepare your case.
Can I get Legal Aid for care proceedings?
If you are involved in care proceedings, you may be entitled to Legal Aid to cover the cost of a solicitor and representation at court. Parents and others with parental responsibility will get Legal Aid for care proceedings without having to meet the usual financial eligibility requirements.
What is a Care Order and what does it mean for parents?
A Care Order is an order made by the family court placing a child in the care of the local authority. A final Care Order will not be made until the end of proceedings and usually when there is an application for a Care Order, an Interim Care Order will be made whilst proceedings are ongoing. With this order, the local authority shares parental responsibility with the child's parents and can make decisions about where and how the child should be cared for as they can use the parental responsibility above that of the parents. This Order can be in place with a child at home, but usually they are in place when a child is not with their parents. If a child is not at home and a care order is made, it does not automatically mean that a child can never return home. The court's primary consideration is the child's welfare and the arrangements will depend on the individual circumstances of the case.
Can grandparents or other relatives care for a child during care proceedings?
Yes. Where a child cannot safely remain living with their parents, the family court and local authority should consider whether suitable relatives or other members of the child's family can care for them. Grandparents and other family members may be assessed as potential carers. Depending on the circumstances, a child may be able to be placed with family during proceedings. Orders can be made at the end of proceedings for children to reside with family members if they have a positive assessment, and it is not deemed safe for children to return home. You should speak to family and friends if you are aware that proceedings are going to be issued as the sooner that discussions and assessments take place, the better.
What is a Special Guardianship Order and can it prevent a child going into foster care?
A Special Guardianship Order (SGO) gives a person parental responsibility for a child and provides a long-term legal arrangement for their care. An SGO can be considered where a child cannot live with their parents but it is in their best interests to be brought up by a grandparent, relative or another person with whom they has a strong relationship. In suitable cases, a Special Guardianship Order can provide a more permanent alternative to foster care while maintaining the child's legal relationship with their birth parents. This is an order that would be considered at the end of proceedings once assessments have been undertaken.
