Specialist legal advice for families dealing with Local Authority involvement, including pre-proceedings and care proceedings.
If the Local Authority – also known as Social Services – becomes involved with your family, we understand that it can be a daunting, worrying, and uncertain time. The possibility of your child(ren) being removed from your care is one of the most terrifying prospects for any parent. It is vital to understand your rights and seek specialist legal advice as soon as possible.
At WBW Solicitors, our experienced and approachable public family law team provides clear, practical legal advice to children, parents, carers, extended family members, and family friends.
We can assist with:
The Local Authority may become involved with your family at a Child in Need or Child Protection level. At this stage, legal representation is not required. However, if you receive a Letter Before Proceedings or a Letter of Issue, it is essential to seek independent legal advice immediately.
If you have parental responsibility for the child(ren), or you are their biological parent (even if not yet named on the birth certificate), you will qualify for Legal Aid. This public funding is non-means and non-merits tested, meaning you will receive legal representation free of charge, regardless of your financial circumstances or the strength of your case.
A Letter Before Proceedings outlines the concerns raised by the Local Authority and sets out the changes needed to avoid Court proceedings. You will be invited to a pre-proceedings meeting (also called a Public Law Outline or PLO meeting) and are strongly advised to attend with legal representation.
The letter may include a plan of action, such as:
The Local Authority’s goal is to keep your child(ren) safely in your care or with family members where possible. Removal into foster care or adoption is considered only as a last resort.
A Letter of Issue confirms that the Local Authority intends to begin care proceedings because it believes your child(ren) has suffered or is likely to suffer significant harm. You do not need to wait for proceedings to begin before seeking legal advice. It is important to act quickly. Once you have received the letter, we will request a copy and help you complete the necessary Legal Aid forms without delay.
This is a voluntary stage where support is offered to help families overcome difficulties. A Child in Need Plan may be created, outlining services and actions to improve your child(ren)’s welfare. These plans typically last around 12 months and involve input from various professionals. At this stage, legal representation is not required.
If the Local Authority believes a child(ren) is at risk of significant harm, a Child Protection Plan may be put in place. This is coordinated through an Initial Child Protection Conference, with regular review meetings every 6 months and Core Group Meetings every 4–6 weeks. Legal representation is not required at this stage.
This is a formal process that signals serious concerns about your child(ren)’s safety. You will be invited to a Public Law Outline or Pre-Proceedings Meeting, and it is essential to have legal representation. Legal Aid is available for these cases, and we can attend meetings with you.
If the Local Authority believes that your child(ren) are at risk of significant harm, they may apply to the Court to begin care proceedings. This process allows the Court to consider what steps need to be taken to protect your child(ren)’s welfare. Proceedings usually start with a Case Management Hearing, lead to an Issues Resolution Hearing and finalise at a Final Hearing.
As part of care proceedings, the Court may grant a range of Public Law Orders depending on the circumstances:
Emergency Protection Order
Allows for the immediate, short-term removal of the child(ren) from danger. This Order typically lasts up to 8 days and is used where there is a reasonable belief the child(ren) are likely to suffer significant harm.
Interim Care Order / Care Order
Gives the Local Authority primary parental responsibility, enabling them to make decisions about the child(ren)’s care. An Interim Care Order is temporary and made during proceedings; a final Care Order lasts until the child turns 18 unless discharged earlier.
Interim Supervision Order / Supervision Order
Places a duty on the Local Authority to advise, assist, and befriend the child(ren). An interim Order is used during proceedings, while a final Supervision Order can last up to 12 months and may be extended yearly, up to a maximum of 3 years.
Special Guardianship Order
If the child(ren) is placed with a family member or friend, the Court may make a Special Guardianship Order, giving that person enhanced parental responsibility to care for the child(ren) on a long-term basis.
Interim Child Arrangements Order / Child Arrangements Order
Determines where the child(ren) will live and how much time they will spend with the parent they do not live with. A ‘Live With’ Order can grant parental responsibility to someone who does not already have it.
Placement Order
Allows the Local Authority to place the child(ren) for adoption, even if the parents do not consent. This is used where the Court agrees that adoption is the appropriate care plan and that no family alternatives are suitable.
Threshold Criteria
For a Care Order or Supervision Order to be made, the Local Authority must demonstrate that the child(ren) have suffered, or are at risk of suffering, significant harm due to the care they have received or are likely to receive, or that the child(ren) are beyond their parents’ control.
Only once this threshold is met will the Court consider making a public law Order. The key focus throughout is the child(ren)’s welfare and what is in their best interests.
Timescales
The Court sets a standard timeframe of 26 weeks for care proceedings to conclude. However, this deadline can be extended if the case requires further evidence or assessments.
We understand how overwhelming this process can feel. Our specialist Family Law Solicitors will:
Legal Aid is available for parents involved in PLO meetings and care proceedings.
Partner
01392 260138
simonmusannif@wbw.co.uk
Profile Simon Musannif is a Partner and works in the Family Law department at WBW Solicitors. He joined the firm in 2022 as part of a merger with Crosse + Crosse Solicitors, with whom he…
Solicitor
01392260145
stephaniemcaulay@wbw.co.uk
Stephanie is a Solicitor in the Family Law Team at WBW Solicitors. She joined the firm in May 2025 and is based in our Exeter office. Stephanie advises clients on a wide range of family…
Paralegal
01392 260140
terririch@wbw.co.uk
Terri Rich is a Paralegal and works in the Family Law Department at WBW Solicitors. She joined the firm in 2022 as part of a merger with Crosse + Crosse Solicitors, with whom she worked…
If the Local Authority have contacted you, or you are concerned about Local Authority involvement, please do not delay in seeking legal advice.
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These are cases where a Local Authority becomes involved with a family to ensure a child’s safety or welfare. This can lead to assessments or Court proceedings such as care Orders or supervision Orders.
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