Children & Social Services
Sensitive and timely advice on care proceedings from experienced professionals who make sure that you are heard.
What do
we do?
Is there anything in life that matters as much as your children? When local authority child protection services (usually called “social services”) become involved, it is important that you seek our expert advice as soon as possible. Together we can work to obtain the best outcome for your family.
Police can only remove a child by exercising protection powers in a situation where a child is considered to be at risk by remaining with the carer. The longest period of removal is 72 hours.
A social worker does not have the power to remove a child at all, without first getting a Court Order.
A parent is eligible, regardless of income, for free legal representation in court proceedings brought by social services (known as “Care Proceedings”) to remove a child into care. Children can get free legal representation too, through a Cafcass Guardian.
How do
we do it?
We represent parents and children in Care Proceedings. Other family members (grandparents or any other carer with Parental Responsibility) may be entitled to legal aid, subject to the nature of the case and their income. Sometimes we represent other family members, foster carers and adopters too.
Early legal advice is important. Every case is different and every case matters. We have the experience, expertise and sensitivity to help you navigate through what can be a frightening experience, to obtain the best outcome for the family. Not all social services involvement with a family must result in court applications or the removal of a child. However, if this happens, it is important to get legal help. Contact us, so we can arrange representation at court, to enable a child to remain looked after in their birth family.
Adoption
Adoption can be a way to provide long term care and support for a child by people who are not the child’s birth parents. The process of adoption can be a lengthy and time consuming process and exists to ensure the welfare of the adopted child is maintained. Detailed below are Frequently Asked Questions (FAQ’s) for this area of family law.
Frequently asked questions
Adoption is the process where a child becomes a full member of a new family and the new parents become legally responsible for the child. The birth parents no longer having any legal responsibilities and the adopted child has the same legal status as any child born to their adoptive parents.
Some children retain indirect contact with their birth families through the exchange of occasional letters and photographs. However, it is more usual for birth parents just to receive an annual report on their child’s progress.
Children under the age of 18 can be adopted. If a child is married or has been married they are no longer eligible for adoption.
Adoptive parents must be over the age of 21. Single people, married people or partners living together may apply. For partners who cohabit, only one partner may legally adopt the child.
Adoptive parents must possess a level of maturity and life experience. Single people must be able to demonstrate that they have a support network of relatives or friends living close by who can support them will offer assistance if a child is placed. Married people and cohabiting partners must have lived together in a stable relationship for a minimum of 3 years.
Adoptive partners with previous criminal convictions must disclose these. Any offences involving children, or offences involving serious violence will prevent adoption.
Adoption can be a slow and complex process and every case is unique. It is usual for adoptive parents to complete a programme of preparation and training before an application for adoption is made to the court.
Once an adoption order has been granted it can not be reversed apart from extremely rare circumstances. A child must have lived with the adoptive parents for at least 13 weeks before an application can be made.
If the birth parents are likely to agree to an adoption, the court will appoint a Reporting Officer to ensure the birth parents understand the implications of adoption and witnesses their agreement to the adoption order. If the birth parents are unlikely to the adoption the court will appoint a Children’s Guardian to advise if such an order would be in the child’s best interests.
Clarkes will provide full details of costs and how these are calculated at the first meeting before any legal work is undertaken. You may be eligible for Legal Aid with your expenses paid from public funds.
Alternatively, we will provide you with our best estimate of how much your matter will cost overall, how long it will take and what to expect at the end of it. We will also discuss payment plans with and outline ways to pay your legal expenses over a number of months by instalments. You will of course be kept fully informed in writing of how much work has been carried out and how much more is likely to be necessary.
If you are eligible for Legal Aid you must provide information when requested by the Legal Aid Agency. If a private client payment is required for legal fees in advance or at regular intervals during the progress of your case.
Legal Aid
Government changes have led to the wholesale withdrawal of Legal Aid from most family matters. Very few family cases are eligible nowadays for public funding.
Clarkes’ Family Team will advise you whether you should apply for Legal Aid. Sometimes, disputes alleging domestic violence or requiring contested injunctions can qualify for funding. However only those people with very limited means are likely to be eligible. Clarkes will either help you apply for Legal Aid, or will point you in the direction of other lawyers who can help you with your application.
Family matters that always attract public funding are those that relate to “Public Law” – court cases involving social services. In those circumstances, parents and children are automatically eligible for Legal Aid. Clarkes are authorised to grant immediate Legal Aid when social services are threatening to refer a case about children to court. For more information, please contact our specialist Children & Social Services Team.
As only a few clients will be eligible for public funding, it is more important than ever to be as clear as possible about legal costs, right from the start. How much does it cost a private client to instruct a lawyer? This is something your lawyer will talk through with you at the very first meeting.
For expert legal help and advice call a member of our Children & Social Services team on 01952 223548 or 01743 231531.
