Legal Aid in Child Care Proceedings

26th Sep 2023 Legal Aid in Child Care Proceedings

If you have been contacted by Social Services as they have concerns about your child, you may be worried and upset. You may want to know what your rights are and what you should do next.

Social Services may have told you they will be going to Court about your child, or otherwise you may have been invited to a Pre-Proceedings meeting. Either way, our Family Team can help you.

What are Child Care Proceedings?

Care proceedings are a court action that is started by the Local Authority child services department. They can make an application for a Care Order or Supervision Order in respect of a child where they believe they need permission to take action to protect the child that they believe is at risk of significant harm and can no longer remain safely at home.

What happens if I receive a letter of issue or letter before proceedings?

Contact our specialist team to discuss how we can help defend you in care proceedings and provide access to Legal Aid.

Legal Aid is available for parents in these cases and for anyone else who holds Parental Responsibility for a child in question. The below are the types of letters persons of Parental Responsibility will receive to notify them of the care proceedings:

  • Letter before proceedings: This letter is sent to the parents where Children’s Services have decided that further time should be given. The letter is intended to warn parents that if the care given to the child does not improve, Children’s Services will initiate Care Proceedings.
  • Letter of issue: This letter is sent to the parents when Children’s Services decide it is not in the child’s best interests for the current circumstances to continue and the child should instead removed and placed in care. The letter explains that Children’s Services intend to start Care Proceedings.

Judgement free, legal aid funded professional advice when you need it most. 

If you are the parent of the child, or another person who has Parental Responsibility, such as a relative who has a Child Arrangements Order, you will be entitled to Legal Aid to cover your legal costs, no matter what your financial situation is.

Our specialist team at Thatcher + Hallam can represent you at Court hearings and at Pre-Proceedings meetings. you can find out more here.

For help and legal advice please contact our Family Team who are proud to provide a free 30 minute initial no obligation appointment either in person, via video call or over the phone.

*This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.