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Kimberley Rhule explains the process and what we can do to help. When Social Services are concerned about the welfare of a child in the care of their family, a Social Worker, and their team may consider taking the matter to Court. Whilst this is a draconian measure, often Social Workers feel they do not have an alternative. The law does, however, make clear that when Social Workers are considering court proceedings, they must follow certain guidelines.

From 1st April 2008, care proceedings became regulated by the Public Law Outline (PLO). The PLO rules say that when social workers are considering Court intervention, they should invite the parents to a ‘pre-proceedings’ meeting. The purpose of the meeting is to see if the concerns can be addressed without needing to go to Court.

These meetings often take place at a Local Authority venue, with a Local Authority Solicitor present. Parents are also invited to attend with their own solicitor. During the meeting, the Social Worker’s team will outline their concerns, and discussions will take place about what needs to be achieved to protect the child.

The role of the parent’s solicitor during the meeting is to see if an agreement can be negotiated with Social Services. It is very likely that if an agreement can be reached and parents adhere to the agreement, then matters will be resolved, avoiding Court.

The PLO process as a whole can be ongoing for several weeks, and there will often be more than one meeting. Your solicitor can attend every PLO meeting with you and will advise you throughout. This will often make the process less daunting.

If you or someone you know has received a letter inviting you to a Pre-Proceedings Meeting, it is important that you seek legal advice urgently. Parents, or those with parental responsibility for the child deemed to be at risk, will be entitled to Legal Aid. The funding will cover legal representation at the meetings.

If it is decided by Social Services that the concerns for the child are too severe and that it would be inappropriate to delay going to Court, then care proceedings can be issued urgently.

Should care proceedings become unavoidable, it is vital that advice is given at each stage of the process (which routinely will last for between 20 to 26 weeks and potentially longer with the Court’s permission) to enable parents, grandparents, or other extended family members to fully understand the procedure so that the right decisions can be made at each stage.

Larken & Co also provide advice on other Private Law children matters (where the Local Authority is not involved and the dispute is between parents). Legal Aid may be available. However, it is now very limited, in which case we are happy to provide advice limited to a particular aspect of the case for an agreed fixed fee.

Whatever the issue in relation to children matters, it is essential to get the correct advice as the outcome could potentially be life-changing. If you would like further information, please contact us on 01636 703333.