Every local authority in England has a statutory duty to protect children living in their area. However, the child protection process can feel intimidating and is not always easy for parents to understand. This article explains the key stages of the process that may arise if a local authority has safeguarding concerns in respect of a child. The type of action the local authority takes depends on how serious it determines the concerns to be and the level of risk to the child.
Child in Need: The Duty of a Local Authority
Local authorities have a duty to safeguard children and promote their welfare. This duty derives from section 17(1) of the Children Act 1989 which states:
It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part)—
- to safeguard and promote the welfare of children within their area who are in need; and
- so far as is consistent with that duty, to promote the upbringing of such children by their families, by providing a range and level of services appropriate to those children’s needs.
The specific duties and powers are detailed in Part 1 of Schedule 2 of the Children Act.
This duty may be triggered when someone involved in a child’s life raises concerns about the child’s welfare. Once a local authority becomes aware of concerns, it has a duty to investigate them and decide if further action is required.
Under section 17(10) a child is considered to be ‘in need’ if they are:
- unlikely to achieve or maintain a reasonable standard of health or development without the provision of support services by their local authority; or
- their health or development is likely to be significantly impaired, or further impaired, without the provision of such services; or
- they are disabled
What Are the Next Steps After a Child Is Identified as ‘In Need’?
Where a local authority determines that identified concerns require action, an initial response may be to implement a child in need plan. This is a multi-agency plan that sets out which organisations and agencies will provide which services to the child and family.
Parents will need to attend a child in need meeting with a social worker and other professionals. Parents may be able to bring a friend, family member or legal advisor along for support, but the meeting will be focused on what can be done to further the child’s welfare. It is less formal than a court hearing. The process can feel intimating, but it is important for parents to engage fully with the professionals involved, make full use of the services provided and address the concerns raised.
What Is the Child Protection Process in England?
If, following an assessment, the local authority determine that a child is suffering, or is at risk of suffering, significant harm they will initiate the child protection process. This will involve an initial child protection conference. This is similar to a child in need conference, but it is convened when there are more significant safeguarding concerns.
Again, this meeting will be attended by the parents, professionals and representatives from the local authority’s social work team. Parents are generally entitled to bring someone to support them to this meeting, but that person usually cannot speak on their behalf. At the conclusion of the conference a vote will be taken by the professionals as to whether it is necessary to continue the plan or step down.
If they are financially eligible, a parent may be able to access publicly funded legal help and advice for this process. Alternatively, a family solicitor can provide assistance and advice on a privately paying basis.
Find out more by reading the statutory guidance Working together to safeguard children on gov.uk.
Pre-Proceedings (PLO): What Parents Need to Know
If a local authority is so concerned about a child that they are considering starting court proceedings, they may initiate pre-proceedings (known as the Public Law Outline, or PLO process) first. A local authority will send a formal letter to the parents, setting out their concerns and inviting the parents to a PLO meeting. The letter will also advise the parents of their right to legal advice.
The purpose of the PLO meeting is to discuss what actions can be taken to address the concerns, with the hope of avoiding court proceedings. This will be a legal meeting with a local authority lawyer attending alongside a member of the social work team. It is therefore important that parents take legal advice as soon as possible once this process starts and have a lawyer attend the meeting with them. Again, parents are encouraged to engage with the process and address the concerns to avoid court proceedings being issued.
Parents are entitled to legal aid for this process, regardless of their financial means.
Understanding the Public Law Outline (PLO) Process
The Public Law Outline (PLO) sets out the duties of local authorities when considering whether to take a case to court to request a Care Order (to place a child in care) or a Supervision Order (to monitor a child’s welfare). The PLO stage is often the first step toward public law care proceedings. Read more…
Child Protection Court Proceedings Explained
If the local authority’s concerns about a child are not resolved through the processes outlined above, it may initiate court proceedings in the family court in respect of that child. Alternatively, court proceedings may be started straight away if it deems the level of risk to be so serious that it must take urgent action to protect a child.
A local authority may apply for an Emergency Protection Order (EPO) when it feels the immediate removal of a child is necessary. Typically, a local authority would make an application for a Care Order after an EPO has been obtained. In other circumstances, it may apply directly for a Care or Supervision Order. This would usually be the case where the concerns are very serious, but not so urgent that is the removal of the child from the home is required immediately.
These are complex and serious legal proceedings. It is therefore essential that any parent facing this situation seeks legal advice from a specialist family lawyer without delay. As with pre-proceedings, parents (or anyone else with parental responsibility in respect of the child) are entitled to legal aid regardless of their financial means.
What is a Care Order?
A Care Order is a legal order made by the family court that places a child under the care of the local authority. It gives the local authority parental responsibility, meaning they can make decisions about the child’s welfare, including where they live and what services they receive. Goodman Ray solicitors advise that a Care Order does not remove all parental rights — parents still have important responsibilities and should seek specialist legal advice to understand their role and options.
Get in touch with our specialist Solicitors in London and Brighton
Goodman Ray is a specialist family law firm with an experienced and dedicated team of child protection lawyers, many of whom are on the children panel (a specialist accreditation for practitioners involved in children cases).
Our team is always happy to discuss issues in relation to child protection matters with those who find themselves involved with social services. We can quickly assess your eligibility for publicly funded legal advice and representation, and we can help you navigate your way through these difficult situations to try and reach the best solution for you and your child.
The Child Protection Process FAQs
The child protection process usually begins when social services receive concerns that a child may be suffering, or is at risk of suffering, significant harm. This can come from schools, doctors, police or members of the public. Goodman Ray solicitors advise parents to seek legal advice as early as possible if social services become involved, as early guidance can often prevent matters from escalating.
A child in need plan provides support where concerns exist but the risk is lower. A child protection plan is used when there is evidence of significant harm or a high risk of harm, requiring closer monitoring by social services. Edward Nicklin, solicitor at Goodman Ray, says understanding the difference between these plans is crucial, as a child protection plan places greater obligations on parents and closer oversight by the local authority.
Pre-proceedings, also known as the Public Law Outline (PLO), are formal steps taken by the local authority before starting court action. Parents are usually invited to meetings and advised to seek legal advice to avoid care proceedings. Goodman Ray advise parents not to ignore PLO letters, as this stage offers a vital opportunity to work with social services and potentially prevent court proceedings.
Yes. If a local authority believes a child is in immediate danger, it can apply directly to the family court for emergency orders without going through the PLO pre-proceedings stage. Goodman Ray solicitors suggest urgent legal advice is essential in these situations, as emergency applications move quickly and can result in immediate changes to a child’s care arrangements.
The family court can make a range of orders, including Emergency Protection Orders, Interim Care Orders, Care Orders and Supervision Orders, depending on the level of risk and the child’s welfare needs. Edward Nicklin, solicitor at Goodman Ray, says each order carries different consequences for parental responsibility, making early specialist advice critical when court proceedings are being considered.
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If you have any questions or wish to get legal advice on any of the topics raised above please feel free to contact us.
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