Having Local Authority Social Services (also known as Children’s Services) involvement with your children can be alarming, so ensuring that you have the right legal team to support you is crucial, not just in terms of the outcome but also to you emotionally.
Whether your children are currently being assessed by a Local Authority Social Services Department and/or whether Social Services have indicated that they wish you to enter into a Voluntary Accommodation Arrangement, or an intention to issue Care Proceedings, you will need expert help and advice to help you through the process.
Local Authority Social Services Departments are all agencies of the Government. This means that they will have knowledge and resources ordinarily not available to members of the public. Ultimately, this puts them at an advantage.
Whatever the process involving your children with Social Services may be, it will be governed by many different rules and regulations and is complex.
Whenever the State challenges an individual, it is extremely important that the individual is able to respond to those challenges appropriately and in doing so does not prejudice their position.
Legal Aid in Child Law Cases
As an indication of the importance of these proceedings, the Government has continued to support the need for persons with parental responsibility for children in respect of whom Care Proceedings are issued to be entitled to free legal representation.
Whatever involvement you may have with social services we have the necessary expertise to help and guide you through the process.
Adoption
Adopting a child in connection with care proceedings is a sensitive and complex process with significant legal implications. With our expertise in the field of adoption Law, we can advise and guide you through this process.
Part of the process will require you to be assessed by the Local Authority. As in any case involving the State with an individual expert advice and guidance is necessary.
There are different types of adoption:-
- Domestic Adoption – This involves the adoption of a child within England and Wales where the child is either a family member or in the care of the Local Authority.
- International Adoption – This is the adoption of a child who is being brought from a country outside England and Wales
- Step-Parent Adoption
- Foster Parent Adoption
- Local Authority Adoption – When it is your child who is potentially being placed for adoption by a Local Authority
- Surrogacy Adoption
To make an adoption legal, a Court has to grant a Court Order and the accredited children law specialist at Venters Solicitors can help you through this process.
Emergency Protection Orders (EPO)
Emergency Protection Orders (EPO) are obtained from the court to ensure the short-term safety of a child. Applications for an EPO can be made by anyone including a local authority or other authorise body.
The court will only make the order if they are satisfied that there is reasonable cause to believe that the child is likely to suffer significant harm if:
- they are not removed to accommodation provided by the local authority; or
- they do not remain in the place where they are currently being accommodated (such as in hospital).
In exceptional circumstances a local authority can apply for an EPO without notice to the parents. If you find yourself on the receiving end of such an order, get in touch with us immediately to seek advice on what to do next.
Supervision Orders
If the Local Authority is concerned about the welfare and safety of a child, then they can apply for a Supervision Order through the Court.
Very often a Supervision Order is made as part of the care proceedings process as an interim arrangement while further assessments are completed.
Under a Supervision Order the child remains with their parents or carers and a care plan is put in place. Social workers have a duty to ‘advise, assist or befriend’ the child under the terms of the order and they will work with the family to make improvements and help to keep the care plan on track, by having regular reviews with the parents or carers. There may be specific conditions of the plan, for example engaging with relevant support services, therapeutic intervention and parenting work to ensure the child’s needs are being met under the care plan.
The parents will still maintain parental responsibility while a Supervision Order is in place, which can be up to a year, but it is important that they comply with the conditions of the order and work with social services. If the conditions are not met and it is felt that further time is required, the Local Authority can apply to extend the order for a period of time, which will need to be approved by the Court. However, if the concerns become more serious, the Local Authority can also apply for a Care Order to consider whether the child can continue to remain in the care of their parents or whether alternative arrangements for the care of the child need to be considered, which could include foster care.
If a child is subject to a Supervision Order or social services are considering making such an application, then it is important to seek legal advice and representation at the earliest opportunity. The team at Venters Solicitors are here to help you every step of the way.
Special Guardianship Orders
A Special Guardianship Order (or SGO) is very often the final stage of the Care Proceedings process and represents a more positive alternative to the child being placed into care.
A Special Guardianship Order (or SGO) is very often the final stage of the Care Proceedings process and represents a more positive alternative to the child being placed into care. The Special Guardianship Order means that the Court direct the child to live with an appointed ‘special guardian’ until they are 18 years old. This will often be a Grandparent, another relative of the child or in some circumstances a family friend.
The special guardian acquires enhanced parental responsibility for the child during the term of the order, giving them the right to make decisions about the child’s upbringing. An SGO is a long-term order, and the special guardian will receive support from the Local Authority in the form of a support plan. This includes any financial support that the special guardians are entitled to.
Prior to the Special Guardianship Order being made; the Children’s Guardian from CAFCASS would wish to undertake their own enquiries and would want to ensure children’s services have done all of the relevant checks on the proposed special guardian, and that the proposed special guardian is receiving the right level of support to meet the needs of the child before approving a care plan for special guardianship.
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