Public Law Children

Why do the Local Authority become involved?

Sometimes the Local Authority and their team of Social Workers become involved because they are worried that your child is suffering, or is at risk of suffering, significant harm. They may be worried about parental drug and alcohol misuse, poor parental mental health, neglect, physical or sexual abuse, domestic abuse and/or emotional abuse.

It is a very complex area of law because there are important Human Rights involved. Children have a right to be protected from harm and in particular from inhuman or degrading treatment. All children and families have a right to family life.

Every effort is made to respect the right of families to remain together and, as far as possible, children should be brought up by their natural parents. However, sometimes alternative options need to be explored to ensure a child’s immediate safety and wellbeing.

The Public Law Outline (PLO):

The Local Authority will try to work with families to address any parenting concerns. Court proceedings are always a last resort. You may receive a letter from your social worker or their solicitor informing you of their intention to commence the PLO process, (a letter before proceedings), inviting you to attend a PLO meeting with a solicitor to discuss their concerns and make a plan to give you the opportunity to make and sustain the necessary changes with support. This process generally takes between 12-16 weeks. You will be automatically entitled to legal aid (free legal advice) if you are a parent or someone with parental responsibility for the child concerned.

Care Proceedings:

A Local Authority will issue care proceedings with the Court when they believe a child is suffering, or at risk of suffering, significant harm and all efforts to keep a child safe with their parents has failed. Care proceedings usually run for 26 weeks before the Court makes a Final Order.

Supervision Order:

A Supervision Order is a Court Order that places a child under the supervision of a Local Authority and requires a Social Worker to ‘advise, assist and befriend’ the child and the family to ensure the child’s needs are being met and that the child is safe from harm.

Care Order:

A Care Order gives the Local Authority parental responsibility of a child. The Local Authority will share the parental responsibility with a parent or parents and have a legal duty to consult with them. Children subject to Care Orders are often living with Foster Carers or in residential care.

Emergency Protection Order (EPO):

If a child is considered to be in immediate danger the Local Authority will apply to the Court for an EPO, as a last resort. An EPO lasts for a maximum of 8 days with a possible extension of 7 days if certain criteria is met.

An EPO removing the child from their parents’ care is ‘draconian’ and an extremely harsh measure, requiring exceptional justification and extraordinarily compelling reasons. Separation is only to be contemplated if immediate separation is essential to secure the child’s safety, ‘imminent danger’ must be established.

Special Guardianship Order:

A special guardianship order is an order appointing a person or persons to be a child’s legal guardian. Special Guardians must be 18 or over. The court may make a special guardianship order in any family proceedings concerning the welfare of a child if they consider an order should be made. Special guardians are often extended family members , friends of the family or former foster carers.

Adoption:

An adoption order permanently transfers parental responsibility from a child’s birth parents to adoptive parents following a court order and severs legal ties with birth parents.

To find out more about the services we offer and how we can help you, please get in touch on 01823 256 494 or submit an enquiry below so we can advise you and discuss what can be included to suit your particular circumstances.

We look forward to hearing from you.