Social services & care proceedings solicitors

If you would like to arrange an initial consultation with one of our specialist child law solicitors, get in touch by calling us on 0330 191 4938 or emailing us at [email protected].

You could also visit your local office and speak to one of our team directly.

See how our feess and pricing works here. 

The court aims to complete care proceedings within 26 weeks. It can allow more time where this is necessary to resolve the case fairly.

This timeframe was introduced by the Children and Families Act 2014 to reduce delay and uncertainty for children and their families. Extensions are not granted routinely, but may be needed in certain exceptional circumstances. Your solicitor will explain the likely timetable and keep you updated as the case progresses.

In most cases, social services cannot remove a child from their parents’ care without either a court order or the agreement of someone with parental responsibility. If the local authority applies for a care order or interim care order, the court will consider the evidence and must be satisfied that the relevant legal test has been met.

Where there is an immediate concern for a child’s safety, the local authority can apply to the court for an Emergency Protection Order. This can authorise the child’s removal or prevent them from being taken from where they are staying.

In an urgent situation, the police can also use their powers under Section 46 of the Children Act 1989 if they have reasonable cause to believe that the child would otherwise be likely to suffer significant harm. Police protection can last for up to 72 hours.

A child may also be accommodated by the local authority under Section 20 of the Children Act 1989. This is a voluntary arrangement rather than a court order and should only be made with properly informed consent. Take legal advice before agreeing to a Section 20 arrangement or if you are told that your child may be removed.

Yes, in many cases. If the local authority is concerned that a child cannot remain with their parents, the court will consider whether another family member or connected person, such as a grandparent, aunt, uncle, or family friend, could care for the child instead. This is known as a kinship placement, and the local authority is required to consider it before looking at foster care or adoption. If you believe a family member could care for your child, it is important to raise this early in proceedings.

You have the right to challenge the local authority’s evidence and put your own case to the court. This may include filing a statement setting out your position, instructing an independent expert to carry out an assessment, or cross-examining the local authority’s witnesses at a final hearing. A specialist solicitor can help you understand what evidence is likely to carry weight and how best to present your case.

Before agreeing to a Section 20 arrangement, speak to a solicitor so that you understand exactly what it would mean for you and your child.

Section 20 of the Children Act 1989 allows a local authority to provide accommodation for a child with the agreement of someone who has parental responsibility. It is a voluntary arrangement rather than a court order. The local authority does not gain parental responsibility, and you keep your own.

You should be given clear information about why the arrangement is being proposed, where your child will live, the contact you will have and how long the arrangement is expected to last. Your consent must be freely given and based on a proper understanding of the plan.

A person with parental responsibility can usually withdraw their consent and ask for the child to return. If the local authority believes that returning the child would place them at risk, it may apply to the court for an order. Our solicitors can review the proposed arrangement, explain your rights and help you decide what to do next.

Our divorce teams across the UK are highly ranked by Legal 500 and Chambers, highlighted for our commitment to client care and unmatched legal insight.

We’ve achieved high regional rankings for family law in the following locations:

Yorkshire: Band 2 Chambers & Tier 2 Legal 500: Beverley, Harrogate, Huddersfield, Ilkley, Leeds, Middlesbrough, Sheffield, Wetherby, York

East Midlands: Band 2 Chambers: Derby, Leicester, Lincoln, Nottingham, Peterborough, Stamford

West Midlands: Tier 2 Legal 500: Birmingham, Leamington Spa, Lichfield, Solihull

North East: Band 2 Chambers: Durham, Newcastle, North Shields, Sunderland

South East: Tier 2 Legal 500: Berkhamsted, Stony Stratford, Milton Keynes, St Albans

Wales: Tier 2 Legal 500: Cardiff, Swansea