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.

Unless the police have been forced to intervene and use their emergency powers to protect a child, removal of children from your care by social services must be approved by a court or in agreement with the child’s family.

This means that evidence must have been provided to back up any claims that a child is at risk and that a court has decided that the child or children are to be removed from your care.

As prescribed by the children and families act 2014, care proceedings should conclude within a 26-week period. The uncertainty surrounding child care proceeding cases can be harmful and distressing to children and their families alike.

Each case will be unique and there are varying degrees of severity to be taken into consideration. In certain exception circumstances, care proceedings can be extended but it is not a common occurrence. Our care proceedings solicitors will support you through the process to try to resolve the situation in the given time frame.

Care proceedings in England and Wales should conclude within 26 weeks, as set out in the Children and Families Act 2014. This timeframe is designed to reduce uncertainty for children and families. In some cases, the court may grant an extension where there are exceptional circumstances, but this is not common. Your solicitor can help ensure the proceedings move forward as efficiently as possible.

In most cases, no. The local authority must apply to the family court and satisfy a judge that the legal threshold for making an order has been met before your child can be removed from your care. The only exception is where the police use emergency powers under Section 46 of the Children Act 1989 to remove a child they believe is in immediate danger. Even then, this lasts no more than 72 hours, after which the local authority must either return the child or apply to the court for an Emergency Protection Order.

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.