Social Services Involvement: What Happens When Social Services Are Involved With Your Family?
If Social Services have become involved with your family, you may be worried about what will happen next.
You may have been told that your child is Child in Need, that they are subject to a Child Protection Plan, or that Social Services are starting the Public Law Outline (PLO) process.
At LDJ Solicitors, our experienced family law team can advise and support parents and other family members when Social Services become involved.
What is a Child in Need?
A Child in Need (CIN) is a child who may require additional support from the Local Authority because of their circumstances or needs.
Social Services may carry out an assessment and, where appropriate, put a Child in Need Plan in place.
The plan may identify areas where the family needs support. This could include issues relating to:
- parenting;
- education;
- health;
- housing;
- domestic abuse;
- substance misuse; or
- other difficulties affecting the child or family.
Being a Child in Need does not automatically mean that your child will be removed from your care.
The aim may be to provide support to the family and ensure that the child’s needs are being met.
What is a Child Protection Plan?
A Child Protection Plan is used where there are concerns that a child is suffering, or is likely to suffer, significant harm.
A Child Protection Conference may take place to consider the concerns and decide whether a Child Protection Plan is required and under what plan. The 4 main categories are, neglect, physical abuse, emotional abuse and sexual abuse.
If your child is placed on a Child Protection Plan, it is important to understand the concerns and what Social Services expect you to do.
Can I get a solicitor if my child is on a Child Protection Plan?
You may be able to obtain legal aid for advice and assistance where your child is subject to a Child Protection Plan, depending on the circumstances and the work required.
Legal aid eligibility can be complicated, so it is important to speak to a family solicitor as soon as possible to find out whether funding is available to you.
What is the Public Law Outline (PLO)?
The Public Law Outline, commonly known as the PLO, is the process used by Local Authorities before making an application to the Family Court in many public law cases.
If Social Services have serious concerns about your child’s welfare, you may receive a letter before proceedings.
The letter should explain:
- what Social Services are concerned about;
- what changes they believe need to be made;
- what support they propose to provide; and
- what may happen if the concerns are not addressed.
You may also be invited to a pre-proceedings meeting.
Do I need a solicitor for a PLO meeting?
It is strongly recommended that you obtain legal advice if you receive a PLO letter.
The PLO stage is an important opportunity to understand and respond to the Local Authority’s concerns before court proceedings are issued. This is a warning stage. If concerns are not addressed at this stage, court proceedings will be started.
Legal aid is available for such matters for anyone who has parental responsibility for the child(ren). Funding is non-means and non-merits tested, which means that no financial evidence will be required in order to qualify for legal aid.
What happens if Social Services start care proceedings?
If Social Services believe that the concerns cannot be resolved without court intervention, they may apply to the Family Court. This is known as care proceedings.
The Local Authority may ask the Court to make a care order or supervision order. The Court will consider the evidence and decide what should happen to the child.
A care application does not automatically mean that a child will be removed from their parents. The Court will consider the circumstances of the individual case and the child’s welfare.
There can be a number of possible outcomes, including a child remaining in the care of a parent, living with another family member, or another care arrangement being made.
Can Social Services remove my child?
Social Services cannot simply permanently remove a child from their parents without following the appropriate legal process.
In an emergency, there are circumstances in which a child may be removed from a parent’s care without a prior court order. However, there are strict legal requirements governing this.
If you are worried that Social Services may remove your child, you should obtain legal advice immediately.
When should I contact a solicitor?
You do not need to wait until court proceedings have started before seeking legal advice.
You should consider speaking to a family solicitor if:
- your child has been placed on a Child Protection Plan;
- you have been invited to a Child Protection Conference;
- you have received a PLO or letter before proceedings;
- Social Services have told you that they may apply to Court;
- you are worried that your child may be removed from your care; or
- you have been asked to agree to changes to your child’s living arrangements.
Getting advice early can help you understand the concerns and what you can do to address them.
What should I do if Social Services contact me?
It is usually important to engage with Social Services and to take their concerns seriously.
However, you should also make sure that you understand what is being asked of you and why.
A solicitor can help you understand the process, prepare for important meetings and advise you about your legal rights.
If Social Services are involved with your family, early legal advice can make a significant difference.
At LDJ Solicitors, our family law team has experience dealing with:
- Child Protection Plans;
- Child Protection Conferences;
- Public Law Outline and pre-proceedings work;
- Care proceedings;
- Adoption proceedings; and
- Applications for a Special Guardianship Order
We can explain the process in straightforward language, advise you about your position and help you understand what you should do next.
If Social Services are involved with your family, contact LDJ Solicitors today to discuss your circumstances and find out whether you may be entitled to legal aid.