Solicitors for Social Services & Local Authority Investigations
At a Glance
- Role: We defend parents, grandparents, and carers when Social Services (Children’s Services) investigate your family.
The Law: We specialise in Section 47 Investigations, Public Law Outline (PLO) meetings, and Care Proceedings under the Children Act 1989.
Key Actions: We attend PLO meetings with you, challenge Child Protection Plans, and represent you in court if the Local Authority applies for a Care Order.
Funding: Legal Aid is often automatically available for parents involving “Pre-proceedings” (PLO) and Care Proceedings, regardless of your income.
If Social Services have contacted you about the welfare of your child, you need immediate legal advice. You do not have to face them alone.
What is a Local Authority Investigation in Family Law?
A Local Authority Investigation is a statutory process under Section 47 of the Children Act 1989. It is triggered when Social Services suspect a child is suffering, or is likely to suffer, significant harm. The investigation determines if the Council needs to take legal action, such as initiating Public Law Outline (PLO) or Care Proceedings, to safeguard the child.
Who Investigates Families?
There are two main professionals you will encounter during this process:
- The Social Worker (Local Authority) Unlike the Police, who investigate crime, Social Workers focus on child welfare. They lead the investigation, gathering evidence from schools and doctors. If they believe your child is at risk, they may apply to the Court for an order.
- The Children’s Guardian (CAFCASS) If the case goes to Court, a Children’s Guardian is appointed. They are independent of Social Services. Their role is to scrutinise the Social Worker’s evidence and tell the Judge what they believe is in the child’s best interests.
Which Stage Are You At?
Social Services involvement escalates through stages. Identifying where you are is critical to your defence.
| Risk Level | The Stage | What It Actually Means |
| Low | 1. Child in Need (Section 17) | “We think you need help.” Social services offer support for things like housing, disability, or money issues. This is usually voluntary. They generally view your child as safe but in need of support. |
| Medium | 2. Child Protection (Section 47) | “We are investigating.” Social workers suspect your child might be at risk. They will speak to your child, doctors, and teachers to decide if a safety plan is needed. You should get legal advice now. |
| High | 3. Pre-Proceedings (PLO Meeting) | “We are ready to go to Court.” You have received a letter warning you that they intend to apply to court. This is your last chance to stop them. You are entitled to a free solicitor at this meeting. |
| Critical | 4. Court Proceedings (Care Proceedings) | “A Judge will decide.” The Council has applied to the Family Court to share parental responsibility or remove your child. A Judge will now make the final decision on where your child lives. |
The Investigation Process Explained
Step 1: The Referral & Section 47 Enquiry
A teacher, doctor, or police officer reports a concern. The Local Authority triggers a Section 47 Enquiry to decide if the child is at risk of significant harm. They may visit your home or speak to your child at school without your consent.
Step 2: Child Protection Conference (CPC)
If concerns remain, a meeting is held with professionals (police, school, health) to decide if a Child Protection Plan is needed.
How we help: We prepare you for this meeting so you can present your side clearly and dispute factual errors in the social worker’s report.
Step 3: The Public Law Outline (PLO) Meeting
You may receive a “Letter Before Proceedings.” This is a serious warning that the Council is preparing to go to court.
- Action: You must take this letter to a solicitor immediately.
- Funding: You are automatically entitled to free Legal Aid for this stage.
Step 4: Court Proceedings
If the PLO stage fails, the Council issues an application to the Family Court for a Care Order or Supervision Order.
Challenging Local Authority Decisions
We often hear from parents asking: “Who can investigate a complaint against a Local Authority?”
If you believe a social worker has acted unlawfully, been biased, or ignored evidence, there are two routes to take:
- Legal Defense (Our Focus): We challenge the Local Authority’s evidence within the Family Court process. This is the most effective way to stop them from taking your child.
- Formal Complaints: You can complain to the Local Government Ombudsman (LGO) if the Council has not followed its own procedures. While the LGO can investigate “maladministration,” they cannot overturn a Court’s decision regarding your child. We can advise on when to use this route.
Common Scenarios – How We Help
Scenario: The “Voluntary” Section 20 Agreement
- The Situation: A social worker asks you to “agree” to let your child stay with a relative or in foster care temporarily while they investigate. They may say this is better than going to court.
- The Risk: Once you agree, getting your child back can be difficult.
- How We Help: We advise you on whether signing a Section 20 agreement is actually in your best interests or if we should demand they seek court approval first.
Scenario: Non-Accidental Injury Allegations
- The Situation: You take your child to the hospital for an injury (e.g., a bruise or fracture), and doctors suspect it wasn’t an accident.
- How We Help: We instruct independent medical experts to provide a second opinion, often proving the injury was accidental or caused by an underlying medical condition.
Scenario: Domestic Violence Concerns
- The Situation: Police are called to a domestic argument. Social Services argue your home is unsafe for the child.
- How We Help: We help you implement a safety plan (e.g., obtaining a non-molestation order) to prove you can protect the child yourself, removing the need for Council intervention.
We Are Local To You
The law is the same everywhere, but every Family Court is different. A judge in one town might act differently to a judge in another.
You need a solicitor who knows your local area. We have 19 offices across the UK.
- We know your local court: We go there regularly and know how the judges work.
- We know the social workers: We deal with the Council teams in your area every day.
Having a solicitor who knows the local people can make a big difference to your case.
Local roots. National coverage.
Cartwright King is a UK-wide law firm with truly local roots. We have legal professionals actively working on cases across the country, providing the best advice and representation.
Frequently asked questions.
Do I have to let the social worker into my home?
Social workers do not have a stronger right to enter your home than any other stranger unless they have a Court Order or are with the Police exercising emergency powers. However, refusing entry can be used against you as “lack of cooperation.” Call us before you refuse entry so we can manage the situation.
Will I get Legal Aid?
- Care Proceedings & PLO Meetings: Parents are automatically entitled to non-means-tested Legal Aid. It is free, regardless of your income.
- Section 47/Child Protection Conferences: Legal Aid is means-tested. We can assess your eligibility immediately.
Can the Local Authority take my child without a court order?
Only in emergencies. The Police can remove a child for up to 72 hours (Police Protection), or the Council can apply for an Emergency Protection Order (EPO). For a long-term removal, they must go to court and prove their case.
What exactly counts as “Significant Harm”?
This is a specific legal test used by the Court. It means a child is suffering ill-treatment or the impairment of health or development that is “significant” when compared to a child of a similar age. This covers:
- Neglect (failure to provide food, warmth, or supervision)
- Physical or Sexual Abuse
- Emotional Abuse (including witnessing domestic violence)
Stop Social Services Taking Your Child.
If you have received a Letter Before Proceedings or a Section 47 notice, do not speak to them alone. You are automatically entitled to Free Legal Aid.
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