If you receive notice of care proceedings for your child it is essential that you take advice straightaway. We know that this can be a very worrying time and have experts in Chesterfield, Dronfield, Sheffield and Mansfield ready to help.
Talk to Banner Jones. We are ready to help you.
If you receive notice of care proceedings in court for your child, it is essential that you take advice from a legal expert straight away. We know that this can be a very worrying and distressing time. It is important that you have every opportunity to achieve the best outcome for you and your family. Our expert Care Solicitors will help you understand what is happening at each stage of the process.
The Local Authority may begin court proceedings following pre-proceedings meetings with Social Services under the Public Law Outline or PLO. Sometimes care proceedings are issued urgently and may involve allegations of injury to a child. Care proceedings may involve a child’s parents, but may also involve other carers for a child. Third parties may be invited to intervene in court proceedings if allegations are being made of non-accidental injury or sexual misconduct.
Our team can represent you at short notice and we are able to advise you on your rights and argue how you may be able to safely care for your child.
When an injury to a child has been identified, either with no explanation or with an unacceptable explanation, it is likely that social services will become involved, and the Local Authority will start care proceedings against those with parental responsibility.
These injuries are described as a Non-Accidental Injury (NAI) and the term can be used widely for various types of injuries, often including:
Where a non-accidental injury is suspected, there are many issues that will need to be considered by all parties, and it is important to have experienced legal representation at this point.
Legal Help is provided by the Legal Aid Agency in some circumstances, subject to a means test. We are happy to have an initial discussion with you free of charge to discuss how we may able to help.
Legal Aid is always available for parents of children who are being taken to court by social services”. Find out more about Legal Aid.
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.
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Talk to Banner Jones. We are ready to help you.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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Ms J, MansfieldCare 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.
Mr C, StanfreeI 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 & Mrs W, AlfretonThankyou Helena Downing for all your excellent service.
Mr & Mrs R, ChesterfeldHelena 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.
Mrs W, MansfieldVery efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.
Mr & Mrs S, BridlingtonWe’re really grateful for the work you did for us. 10 out of 10!
Mr C, DronfieldVery 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.
Miss H, NottinghamshireBrilliant service, kept well informed all the way through the process. Would definitely recommend.
Mr & Mrs D, MansfieldCannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.
Mr W, NottinghamshireService provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.
