If you’ve received a “Letter Before Proceedings” or court papers from social services, you’re probably worried about what happens next, and wondering whether you really need a solicitor.
The short answer is yes. Care proceedings are complex, emotionally charged, and can have life-changing consequences. A solicitor makes sure your voice is heard, your rights are protected, and that social services follow the law every step of the way.
This guide explains what a solicitor does during care proceedings, how legal aid works, and why having representation can make all the difference to your case.
What Are Care Proceedings?
Care proceedings start when the local authority believes a child may be suffering or at risk of significant harm. They ask the Family Court to decide whether the child should:
- Stay at home under supervision;
- Live with relatives or foster carers temporarily; or
- Be placed into long-term care if no safe alternative is found.
These cases move quickly; the first hearing is usually within days of the application being filed, which is why early legal advice is essential.
Important: Parents and anyone with parental responsibility are automatically entitled to free legal aid for care proceedings, regardless of income.
Why You Need a Solicitor
A. To Protect Your Legal Rights
A solicitor ensures that:
- You see all evidence against you;
- You understand the local authority’s case;
- You can challenge inaccurate or unfair information;
- Your side of the story is presented clearly and professionally.
Without legal guidance, parents often misunderstand what social services can and cannot do, and may accidentally agree to things that weaken their case.
B. To Guide You Through Each Stage
Care proceedings have several formal steps:
- Pre-Proceedings (PLO) stage; social services warn they may go to court.
- Application and first hearing; interim decisions are made.
- Assessments and evidence gathering; professionals review your situation.
- Final hearing; the judge decides on the long-term arrangements for your child.
Your solicitor will:
- Prepare and submit your statements and evidence;
- Represent you at all court hearings;
- Negotiate with the local authority;
- Instruct experts (like psychologists or social workers) where necessary.
C. To Keep the Case Fair and Lawful
The local authority has strict duties, but mistakes can happen. Your solicitor can identify procedural errors, challenge unfair assessments, and make sure decisions are made according to law and evidence, not assumption or pressure.
Example: If social services seek an Interim Care Order without sufficient evidence, your solicitor can oppose it and propose safer, less intrusive alternatives (such as supervision or family placement).
What If I Can’t Afford a Solicitor?
In care proceedings, legal aid is automatic for:
- Parents;
- Anyone with parental responsibility;
- People being assessed as potential carers (for example, grandparents).
This means you don’t have to prove financial hardship or meet income thresholds; your legal representation is free of charge.
Your solicitor’s fees are covered by the Legal Aid Agency, so you’ll receive full professional support from day one.
How a Solicitor Helps You Build a Stronger Case
| Solicitor’s Role | How It Helps |
|---|---|
| Reviews all evidence and reports | Ensures nothing inaccurate goes unchallenged |
| Prepares your written statement | Presents your position clearly and persuasively |
| Liaises with social services | Promotes cooperation while protecting your rights |
| Advises on realistic outcomes | Helps you focus on achievable goals |
| Represents you in court | Speaks on your behalf so you’re not overwhelmed |
A good solicitor also works strategically; helping you show insight, engage with support, and demonstrate change to the court.
What Happens If You Represent Yourself?
Some parents consider self-representation to save time or avoid conflict, but this can be risky.
Without legal training, it’s difficult to:
- Understand complex evidence and legal tests;
- Challenge professionals effectively;
- Navigate hearings confidently;
- Recognise when your rights are being breached.
Even experienced professionals instruct solicitors in their own cases, because independent representation matters.
When to Contact a Solicitor
The best time is as soon as you receive a pre-proceedings (PLO) letter or any formal notice from social services.
Early advice allows your solicitor to:
- Attend meetings with you;
- Negotiate alternatives to court; and
- Prevent unnecessary escalation wherever possible.
If proceedings have already started, don’t panic; it’s never too late to get help. A solicitor can step in at any stage and immediately begin safeguarding your position.
Yes, if you feel your case isn’t being handled properly, you can instruct a different firm even after proceedings have started.
Care proceedings are serious, but you don’t have to face them alone.
Having a specialist family and child law solicitor on your side gives you clarity, confidence, and the best chance of achieving a positive outcome.
The earlier you seek advice, the more options you’ll have to protect your family.
If you’ve received a PLO letter or notice of care proceedings, contact our expert team today. We’ll explain your rights, represent you in court, and help you work towards the best future for your child.
Call ASA Solicitors on 01274 900 400
Email mail@asa.co.uk
