Why Have I Been Referred to Social Services?
Social Services Investigations happen for a number of reasons. Sometimes a referral is made by the children’s health visitor or school if there are concerns that a family may need additional support. In other cases, there may be concerns about parental alcohol or drug misuse or mental health problems and child neglect or abuse.
In these circumstances, the local authority may get in touch with you and may conduct an investigation.
It can be very worrying to become involved with Social Services, particularly if you have no experience of this. It is very important that you feel able to work openly and honestly with Social Services to ensure that you get the best outcome for you and your family. We are able to help by providing you with initial advice and we may be able to support you under the Legal Help scheme to explain your rights, communicate effectively with Social Services and safeguard your family.
Child Protection Conference
In some circumstances a social worker may decide to convene a Child Protection Conference and invite you to a meeting with all of the professionals involved with your child. The purpose of this meeting is to enable all professionals to understand the concerns that may be held for your child and to agree a plan to ensure that you are properly supported and your child is kept safe. We appreciate that this can be quite a daunting process and we are able to provide you with advice concerning the Child Protection Conference and Plan.
In many cases involvement with Social Services does not go beyond an initial assessment, or Child Protection Conference. If matters escalate we are able to assist you with meetings with Social Services pre-proceedings and court proceedings.
Legal Aid Available
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.
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.
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.