Few things are more frightening for a parent than hearing that social services may remove their child.
This is one of the most serious steps a local authority can take, but it’s important to understand that it can only happen in very specific legal circumstances, and you do have rights.
In most cases, there are opportunities to work with professionals, challenge evidence, and make changes before a child is taken into care. This guide explains how the process works, what to do immediately, and how to protect your family with the right legal help.
When Can a Child Be Taken into Care?
Social services cannot simply remove your child because of a disagreement or minor concern.
A child can only be taken into care by court order or police intervention, and only when there is evidence that they are suffering, or are likely to suffer, significant harm.
The three main legal routes are:
- Emergency Protection Order (EPO):
The local authority can apply to court if they believe a child is in immediate danger. EPOs usually last for up to 8 days but can be extended. - Interim Care Order (ICO):
Made during care proceedings if the court decides temporary removal is necessary while the case is investigated. - Police Protection (Section 46 of the Children Act 1989):
Allows police to keep a child in a safe place for up to 72 hours without a court order, if they believe there’s an immediate risk.
Key point: Social services cannot lawfully remove your child without one of the above powers in place, unless you agree voluntarily (for example, under Section 20 accommodation).
Understanding Section 20 Voluntary Accommodation
Sometimes parents are asked to “agree” that their child can stay with relatives, foster carers, or in local authority care temporarily.
This is called Section 20 accommodation.
It must be voluntary; you cannot be forced to sign anything.
You also have the right to withdraw your consent at any time, unless a court order is later made.
Before signing anything under Section 20, always speak to a family solicitor. Legal advice helps you understand whether it’s a safe short-term step or a decision that could weaken your position later.
How Care Proceedings Work
If the local authority believes a child is at ongoing risk, they may issue care proceedings in the Family Court.
Here’s what usually happens:
- You’ll receive a “Letter Before Proceedings” or “PLO Letter.”
This means the council is considering court action. You should contact a solicitor immediately; you are automatically entitled to free legal aid at this stage. - A Pre-Proceedings Meeting (PLO meeting) will be arranged to discuss the concerns and what you can do to avoid court.
- If matters go to court, you’ll be represented and will have the right to:
- See all evidence the local authority relies on.
- Challenge that evidence.
- Ask for your own assessments (for example, parenting or psychological assessments).
- Propose that your child remains with you or a safe family member.
Tip: The court’s goal is not to “punish” parents; it is to ensure the child’s welfare is protected. Showing willingness to engage with support services makes a big difference.
How to Respond if Social Services Raise Serious Concerns
When a local authority expresses serious safeguarding concerns, your reaction matters.
The best approach is to stay calm, informed, and cooperative; without giving up your rights.
Ask for the concerns in writing: This helps you understand exactly what’s being alleged.
Keep records: Save copies of letters, emails, and meeting notes.
Engage with support: Attend all appointments and accept reasonable offers of help.
Show evidence of progress: Parenting courses, therapy sessions, or improved home conditions all help demonstrate change.
Propose safe alternatives: If the child can’t stay with you right now, suggest trusted relatives or friends who can provide care temporarily.
How a Family Solicitor Can Help
Having an experienced child law solicitor on your side ensures:
- Your voice is heard in meetings and court.
- You receive early advice to prevent unnecessary escalation.
- You’re represented if the local authority applies for court orders.
- Alternative care arrangements (like family placements) are properly presented to the court.
At ASA Solicitors, we specialise in care proceedings and can often prevent cases from reaching removal by working proactively with parents and professionals.
Common Myths About Children Being Taken into Care
| Myth | Reality |
| Social services can remove a child at any time. | They must have a court order or your consent under law. |
| Signing a Section 20 agreement is harmless. | It’s voluntary but legally significant; always seek advice first. |
| Once a child is in care, you can’t get them back. | Many parents achieve reunification through cooperation and legal support. |
| Refusing a visit makes them go away. | It can raise concerns; better to engage with legal advice. |
Key Takeaways for Parents
- You have legal rights and choices.
- Social services must follow strict procedures.
- Early cooperation and legal advice are essential.
- Removal is always a last resort, not an automatic outcome.
Having your parenting questioned is distressing, but it doesn’t mean you’ve lost control.
By understanding the process and taking professional advice early, you can protect your child, demonstrate change, and ensure the local authority acts lawfully and fairly.
If social services have raised concerns or mentioned care proceedings, get legal advice immediately.
Our experienced family and child law solicitors can act fast to protect your rights and help you achieve the best outcome for your child. We’re here to support you through every step, from first contact to resolution.
FAQs
When can social services lawfully take a child into care?
A child can only be removed from their home in specific legal circumstances. This can happen through an Emergency Protection Order (EPO), an Interim Care Order (ICO), or Police Protection under Section 46 of the Children Act 1989. Social services cannot remove a child without one of these powers unless you give voluntary consent under Section 20. The key test is whether there’s evidence the child is suffering, or likely to suffer, significant harm.
What is Section 20 voluntary accommodation?
Section 20 accommodation allows parents to agree that their child can stay temporarily with relatives, foster carers, or the local authority. It must be entirely voluntary, and you have the right to withdraw your consent at any time, unless a court order is later made. Before signing anything under Section 20, it’s essential to get legal advice to understand the implications and protect your position.
What should I do if I receive a PLO letter or social services raise serious concerns?
If you receive a Letter Before Proceedings (PLO letter), it means the council is considering court action. Contact a family solicitor immediately—you’re entitled to free legal aid at this stage. Stay calm, ask for concerns in writing, keep clear records, attend all meetings, engage with support services, and show evidence of progress. You can also suggest trusted relatives or friends as temporary carers if needed.
Can a family solicitor help prevent my child being taken into care?
Yes. A solicitor can represent you in meetings and court, ensure your rights are protected, and help present safe alternatives such as family placements. They can also challenge evidence and work with the local authority to prevent unnecessary removal. Early legal advice often helps resolve issues before a case reaches the stage of a court order.
