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Care Proceedings and Problems with Social Services

At Banner Jones we work on Care Proceedings brought by Social Services in Chesterfield, Dronfield, Mansfield and Sheffield.

Care Proceedings and Problems with Social Services in Chesterfield, Sheffield, Dronfield and Mansfield

Talk to Banner Jones. We are ready to help you.

Expert Care Proceedings Advice

If you’ve been contacted by Social Services because they have concerns about your child, it is essential that you seek advice straight away. We are here to help you with Care Proceedings advice at this challenging time.

Unfortunately, some parents or guardians may be investigated by social services if there are concerns about how they are looking after their children.

If you’ve been contacted by Social Services, you may be worried and upset. You may want to know what your rights are and what you should do next.

It is vitally important to seek urgent advice from specialist family lawyers who have experience, even if you believe you can handle the situation. Circumstances can change quickly, and the local authorities and social services can apply to the court to overrule you as a carer for your child. Do not take the risk, our specialist team would be able to represent you at short notice and support you through this process.

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Legal Aid Available

If you receive a PLO Letter (Letter Before Proceedings) in relation to your child or a child for whom you have parental responsibility you are eligible for Legal Aid to pay for the full the cost of a solicitor advising you before a meeting and also to attend the meeting with you.

This form of Legal Aid is available regardless of your financial means and you will not have to contribute anything towards the cost.

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Why choose Banner Jones Care Solicitors?

Several of our care solicitors are on the Law Society's Children Panel. Only solicitors who meet the Law Society’s exacting accreditation requirements are permitted to join the Children Panel and represent children in public law care proceedings.

Our experts in public law care proceedings can provide you with support and guidance throughout the care proceeding's process. We are specialists in cases involving non-accidental injury and child neglect.

Get in touch with our team today

Care Proceedings Explained

Free guide

Care Proceedings Explained

To find out more about Care Proceedings and how they work, read the article.

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Frequently Asked Care Proceedings and Problems with Social Services Questions

What are care proceedings?

Care proceedings are court cases brought by a local authority when they believe a child is suffering, or is likely to suffer, significant harm. The aim is to protect the child and decide whether they can safely remain in the care of their parents. Care proceedings are heard in the Family Court and are governed by the Children Act 1989. Our Solicitors in Sheffield, Chesterfield and Mansfield will talk you through the process and be with you every step of the way.

What is a PLO meeting?

A PLO (Public Law Outline) meeting is a formal meeting between parents, their solicitor, social services and the local authority’s legal team. It is usually described as a last opportunity to make changes and prevent care proceedings being issued. Parents can respond to the concerns raised and discuss what support or assessments may be required. If you receive a PLO Letter it is important to get in touch with one of our specialist  solicitors in Mansfield, Sheffield and Chesterfield as soon as you can.

What does a “letter before proceedings” mean?

A letter before proceedings (also called a PLO letter) is a formal warning from social services stating they are considering starting care proceedings due to concerns about a child’s welfare. The letter sets out the concerns they have, which may include child neglect, child abuse or non-accidental injuries and invites parents or carers to attend a PLO meeting to try to resolve issues without going to court. It is essential to get in touch with our  solicitors urgently so that they can attend the meeting with you.

Do I need a solicitor for a PLO meeting?

Yes. If you receive a PLO letter, you are automatically eligible for legal aid for advice and representation at the PLO meeting, regardless of your income. A specialist care solicitor can help you prepare for the meeting, attend with you and ensure that your rights are protected.

Does receiving a PLO letter mean my child will be taken into care?

No. Receiving a PLO letter does not automatically mean your child will be removed. The PLO process is designed to give families the opportunity to address concerns and avoid court action. However, if sufficient progress is not made or risks remain, the local authority may still issue care proceedings.

What happens if I do not attend a PLO meeting?

Failing to attend a PLO meeting is taken very seriously. The local authority may decide that parents are not engaging, which can increase the likelihood of care proceedings being issued.  It is important that you attend with a legal representive so that you can give your view in the meeting.

What are non accidental injuries (NAI)?

A non‑accidental injury is an injury to a child that medical professionals believe has not been caused by an accident. Examples include unexplained bruising, fractures, burns or head injuries. Where a Non Accidental Injury is suspected, an investigation will usually begi immediately. This can include both social services and the police. It is important that you seek legal advice as soon as possible.

Will care proceedings automatically start if a non accidental injury is suspected?

The suspicion of a non‑accidental injury can lead to care proceedings being issued. The child’s safety immediate safety will be considered and an urgent application may need to be made to the court.The court may make interim care orders while investigations continue and decisions are made about where the child should live in the longer term.

What is a fact finding hearing in non accidental injury cases?

A fact‑finding hearing is a court hearing where a judge decides, on the balance of probabilities, how an injury occurred and whether it was a  The court will also decide who caused any non accidental injury. Medical experts, social workers, parents, carers and other family members may give evidence. The outcome can have a significant impact on where a child lives and the making of any court orders.

What does “pool of perpetrators” mean?

If the court cannot identify who caused a non‑accidental injury, it may find that the injury was caused by a pool of perpetrators. The court does not have to identify a specific individual who caused the injury if it is unable to do so and can make a finding that the child was I the care of certain injuries when the injury was suffered. This can also lead to a finding that the people in the pool have also failed to protect the child from suffering the injury.

How long do care proceedings take?

Care proceedings are intended to conclude within 26 weeks, although cases can and very often do take longer if additional assessments or expert evidence is required. The court sets a timetable for the assessments and ultimately the conclusion of the proceedings.

Can my child be removed before a final decision is made?

Yes. At any stage during the proceedings (usually at the beginning) the court can sanction the removal of the child(ren) if there is an immediate risk of harm to the child(ren) that cannot be managed with the child remaining at home.  

Am I entitled to legal aid during care proceedings?

Yes. Parents and people with parental responsibility for the child are automatically entitled to non‑means‑tested legal aid. This means that you do not need to make any contribution to your legal costs.

Can grandparents or other family members be involved in care proceedings?

Yes. Family members may be assessed as alternative carers, or in some cases may be joined to proceedings as parties or intervenors. The court must consider whether a child can safely be cared for within their extended family before making long‑term decisions.

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Care Proceedings

Can’t thank you enough for everything, and for explaining things to me. Would use the company again. Friendly, nice, understanding and on time for appointments too.

Ms J, Mansfield

I would like to thank you in all you have done for me in respect of these issues and I will not hesitate to come to you for further advice as and when needed.

Mr C, Stanfree

Thankyou Helena Downing for all your excellent service.

Mr & Mrs W, Alfreton

Helena I would like to thank you from the bottom of my heart for believing in us. Without you I don't know what we would have done. 

Mr & Mrs R, Chesterfeld

Very efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.

Mrs W, Mansfield

We’re really grateful for the work you did for us. 10 out of 10!

Mr & Mrs S, Bridlington

Very easy to make appointments, very personal service from all people at Banner Jones, my solicitor was very friendly and put me at ease. If I needed a solicitor again, Banner Jones would be the first on my list.

Mr C, Dronfield

Brilliant service, kept well informed all the way through the process. Would definitely recommend.

Miss H, Nottinghamshire

Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.

Mr & Mrs D, Mansfield

Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.

Mr W, Nottinghamshire

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