Child Care Solicitors in Islington

Child protection lawyers have a diverse workload that includes representing clients in legal proceedings and hearings, supporting and advising parents, family members and guardians and working alongside social workers and the Local Authorities. They are legal professionals who build a rapport with their clients, speaking on their behalf in order to present their cases. 

From Emergency Protection Orders to Pre-Proceedings Meetings, including applications of Care Orders, Supervision Orders, and Special Guardianship Orders, a child protection lawyer works to achieve the solution that best protects a child’s welfare.

The Local Authority’s social services department has a duty of care towards all children. If they believe a child is at risk or has received inadequate care, they can intervene. The preferred solution is to keep families together; however, in some circumstances, this may not be possible.

Social services cannot simply take away your children, for this to be considered there must be one of two factors. The first is a Court Order and the second is the agreement of the children’s parents. If you have received notification that an application to remove your child/children has been made, get in touch with a child care solicitor to gain legal representation and advice on how best to proceed.

Children can only be removed from their family home for up to 72 hours when the safety of the child is questioned and the police are involved. This process is possible due to police protection powers, such as a ‘public law’ case.

The Public Law Outline is the government’s legal structure for care proceedings, including the pre-proceedings process. What this means is that all social service departments must follow the same protocol when raising concerns about a child’s level of care. The only time this practice will not be followed is during very extreme circumstances.

The pre-proceedings process aims to inform all relevant parties about the Local Authority’s concerns, and the changes they would like to see. It allows parents to make the necessary alterations, while social services assess the needs of the child and their family. During this phase, the wider family and friends network will be explored to see if any additional support can be provided.

When this line of action is taken, the social services must send the parents, and anyone else with parental responsibility, a letter indicating the start of the pre-proceedings process. This correspondence is often followed up by a meeting where a plan of action is agreed upon for the next 12 weeks. The pre-proceedings process aims to avoid escalating the concerns in court. Therefore, as a parent or guardian, you are expected to have a child care solicitor present.

It is possible to appeal against the decision to the conclusion of your child’s care proceedings. If the court has recommended for your child to be placed into foster care, your next course of action is to apply to discharge the care order.

Child care proceedings, once the initial application has been submitted, aim to be resolved within 6 months (24 weeks). However, these timings are very case dependent.