Children & Families Public Law Solicitors in Coventry, Warwickshire and Oxfordshire

We can advise you on whether you are eligible and help you with the application process.

A parent or a person with parental responsibility for a child who is subject of an application for a Care or Supervision Order by the Local Authority or has been sent a Letter Before Proceedings (PLO) would be entitled to have their legal costs met by the Legal Aid Agency.  

If the Local Authority has not commenced proceedings or sent you a Letter Before Proceedings and you are a parent or person with parental responsibility, then you may still be able to access Legal Aid such as to seek advice about a Child Protection Conference.  Whether you are eligible is dependent on your financial circumstances and the merits of your case.  

If you are not a parent, or a person with parental responsibility, but still want legal advice on Local Authority involvement with a child then any application for legal aid funding would be based on your financial circumstances (including any partner) and the merits of your case.

This is voluntary consent of a person with parental responsibility to the accommodation of a child to be placed with alternative family members or foster care. The consent is voluntary and may also be withdrawn at any time. This is generally a short-term measure. We can advise you on whether it is appropriate to give consent and the implications of giving consent.

The Local Authority can only remove your child against your wishes with a Court Order.  We can advise and represent you in respect of any such application. The Local Authority can apply for a Care Order, or in an emergency situation they can apply for an Emergency Protection Order, to remove your child. Both orders give the Local Authority parental responsibility for your child, which means they can make decisions about your child including where they live. An Emergency Protection Order will be applied for when the risk is immediate and the order lasts only 8 days. It is often followed by an application for a Care Order, which if granted, can last until your child is 18.

To obtain either of these orders, the Local Authority must demonstrate to the Court that your child has suffered or is at risk of suffering, significant harm in your care. Harm may include physical, emotional or sexual abuse, neglect or being exposed to domestic abuse, substance misuse or criminal behaviour. To remove the child from your care, the Court must be satisfied that the child’s safety demands removal. We can advise you whether the Local Authority have met the legal tests for an order and/or removal.

The Local Authority have an obligation to promote reasonable contact between a parent and those with parental responsibility with a child if the child is placed in foster care. We can advise you on whether the contact that you are being offered is reasonable. If we do not consider it is reasonable, we can then advise you what action to take depending on the circumstances under which the child is placed in foster care, i.e., whether there is an order in place, or it is a s20 placement. If a Care Order is in place, we can apply to Court on your behalf to challenge any contact arrangements.

There is no automatic right of other relatives/friends to have contact to a child in foster care but there is an expectation that the child will be able to continue to see significant people in their lives.  If you wish to have contact and this has not been agreed, then we can advise you on what further action you can take.

The simple answer is no; they will not always agree with the Local Authority. The Local Authority will have to provide evidence of why they say their plan is right for your child. They will have to show they have tried to work with you and that they have assessed your parenting abilities. They will also have to show they have exhausted all other possibilities such as placement with family members. The child will also be represented by their own solicitor and guardian who will represent their views in Court. We are able to represent parents and children and regularly do so. 

We can advise you on whether the Local Authority have carried out assessments fairly or whether independent assessment should be sought. We can also advise you whether specialist expert assessments are necessary. If you do not agree with the Local Authority plan, we can advise you on the best way to challenge the plan and we can represent you at any hearings to do so.