Public Law

Public Law : Children

In the context of the legal system in the United Kingdom, “Public Law” refers to the branch of law that deals with the relationship between the state and individuals or entities.

In the Family Court, a common Public Law case arises when the Local Authority makes an application to Court to seek decisions about whether a child should remain in the care of his/her parents. The decision to make an application to Court is made by the Local Authority’s Social Work team, once a Social Worker has assessed the child to be suffering significant harm which requires and justifies the interference of the Court.

These sorts of proceedings are commonly referred to as Care Proceedings. They are serious and legally complex, with the outcome having far-reaching consequences for the family involved, so it is vital to instruct a solicitor as soon as possible if you find yourself involved in Care Proceedings. Our specialist team can help you navigate the legal challenges of Care Proceedings with care and compassion, to help you secure the best possible outcome for your family.

We also specialise in representing children in Care Proceedings, leveraging the expertise of our qualified solicitor who is a member of the Law Society’s Children Law Accreditation scheme. This accreditation underscores our commitment to providing exceptional legal services. We can take instructions directly from the child or through the Children’s Guardian, ensuring that the child’s voice is heard and their best interests are safeguarded throughout the legal process.

Care Proceedings

Usually, only parents to the child involved would be parties to the Care Proceedings. However, if you have Parental Responsibility in law for a child (for example, as a Special Guardian), you will be joined to the proceedings even if you are not their parent.

In some circumstances, other family members or friends may end up being joined to the proceedings. This might occur if the family member is caring for the child (or seeking to care for the child) or if allegations of harm have been made against a third party and they need to be included in the proceedings to defend themselves.

When dealing with Care Proceedings, the issues before the Court are often varied and of a deeply personal nature, ranging from domestic abuse, mental health challenges, alcohol addiction, substance misuse, non-accidental injury, and neglect. There will always be Social Workers and related professionals involved, but it may also be necessary to involve experts in the proceedings to provide a view on the issues central to the case. It is usual for a variety of different assessments to occur, and parents are expected to participate in these processes during the proceedings. There will usually be at least three Court hearings before any final decisions for the child or children involved are made. Those facing Care Proceedings need a solicitor with expertise in this area of law, who can offer clear and practical guidance on the legal procedure and how best to navigate this.

Care Proceedings can end in a variety of ways, with a variety of legal orders. If a child is able to remain in the care of his/her parents, it may be that this occurs under a Supervision Order, which is a time-limited order requiring the Local Authority to advise, assist, and befriend the family – essentially, monitoring and supporting them. If a child cannot remain in parental care, they may end up living with another family member, which is usually facilitated by a Special Guardianship Order or Child Arrangement Order. These orders have different implications, so it is always necessary to carefully think about what the most suitable legal framework is in any given circumstances. Consideration always needs to be given to contact arrangements when a child is placed outside of their parents’ care.

In some cases, if it is not possible for a child to live with anyone in their family, the Court may make a final Care Order meaning the child would remain living with foster carers on a long-term basis. However, if the child is very young, the Court would likely also make a Placement Order, permitting the child to be placed for adoption. Adoption is the most draconian conclusion to Care Proceedings, because it permanently removes the Parental Responsibility of a child’s birth parents and therefore formerly severs the legal link between them. Although the Court is increasingly willing to recognising the benefit to adopted children having some form of contact with their birth parents, this is never a guarantee.

PLO: Meeting Before Action

It is important to note that, sometimes, rather than starting Care Proceedings, the Local Authority will invite parents to a legal meeting known as a Meeting Before Action or PLO Meeting. Although this is a meeting, rather than a Court hearing, it is still very serious and you should instruct a solicitor to attend it with you.

By inviting you to this meeting, the Local Authority is attempting to work with your family without starting Care Proceedings, but this is usually the very last step the Local Authority will take before placing matters before the Court – so it is important to obtain legal advice about this process and how best to succeed in it at the earliest opportunity.

Legal Aid

Parents and those with Parental Responsibility for a child in Care Proceedings (or Meeting Before Action) are automatically entitled to Legal Aid funding, meaning they receive free legal advice and representation.

For other people who are made parties to Care Proceedings, it is possible to obtain Legal Aid funding, but eligibility is more limited and a full application to the Legal Aid Agency would be required. You should speak to a solicitor to find out whether you could be eligible, and if you aren’t eligible, a cost estimate for this work can be provided.

If you are a friend or family member caring for a child (or being assessed to care for a child) who is subject to Care Proceedings, the Local Authority might offer you some limited funding so that you can obtain independent legal advice on your options. If you are in this situation, make sure to arrange a meeting with a solicitor as soon as possible to ensure you are fully informed about the implications of your assessment and next steps you may want to consider. 

Public Law

In addition to Care Proceedings, which are commenced when the Local Authority applies to Court for a Care Order or a Supervision Order, our team can assist with a variety of other Public Law matters, such as:

• Emergency Protection Orders
• Special Guardianship Orders
• Discharge of a Care Order or Special Guardianship Order
• Secure Accommodation Orders
• Deprivation of Liberty Safeguards (DOLs)
• Placement Order applications
• Adoption Order applications
• Applications for contact with a child in care

Eligibility for Legal Aid for the above varies depending on the matter itself, as well as the person who is seeking public funding. You should speak to a solicitor to find out whether you could be eligible, and if you aren’t eligible, a cost estimate for this work can be provided.