If you’ve been told your case is a “private law” or “public law” matter, you’re not alone in feeling confused.
Both fall under the umbrella of family law, but they deal with very different situations, and understanding which applies to you helps you prepare and respond correctly.
This guide explains the difference, who is involved in each, and how ASA Solicitors can help you navigate the process confidently.
| Private Law | Public Law |
|---|---|
| Disputes between individuals, such as parents. | Cases involving the local authority (social services). |
| Usually about child arrangements, contact, or parental responsibility. | Usually about child protection or care proceedings. |
| Brought by a parent or family member. | Brought by social services under the Children Act 1989. |
| Focuses on resolving disagreements between parents. | Focuses on the child’s safety and welfare. |
Put simply:
- Private law is when parents can’t agree.
- Public law is when the state intervenes.
What Is a Private Law Case?
Private law covers disputes about a child’s upbringing between parents or relatives, without the local authority’s involvement.
Common examples include:
- Child Arrangements Orders (who the child lives with and sees).
- Specific Issue Orders (for disputes about schooling, religion, or relocation).
- Prohibited Steps Orders (to prevent certain actions, like removing a child from the country).
Private law cases are handled in the Family Court, often after mediation has failed.
Tip: Legal aid for private law cases is limited but may still apply if domestic abuse or child protection concerns exist.
What Is a Public Law Case?
Public law cases involve the local authority (social services) when there are concerns about a child’s welfare or safety.
The main types are:
- Care Orders; where the local authority seeks parental responsibility to protect a child.
- Supervision Orders; where social services monitor and support the family while the child remains at home.
- Emergency Protection Orders (EPOs); granted when a child faces immediate danger.
Public law cases are brought under Part IV of the Children Act 1989.
They involve multiple professionals, including social workers, guardians, and solicitors.
Legal Point: Parents are automatically entitled to free legal aid in public law care proceedings, regardless of income.
Who’s Involved in Each Type of Case?
| Role | Private Law | Public Law |
|---|---|---|
| Parents | Applicant and respondent | Respondents (parents or carers) |
| Children’s Guardian (CAFCASS) | Sometimes involved | Always appointed |
| Social Services | Not involved (unless safeguarding issue arises) | Lead the case and make applications |
| Judge | Family Court Judge | Family Court or High Court Judge |
| Solicitors/Barristers | Represent parents | Represent parents, child, and local authority |
Understanding the players helps you see who speaks for whom, and where your solicitor fits into the process.
How the Court Decides in Each Type
Private Law Decisions Focus On:
- The child’s welfare and best interests (under Section 1 of the Children Act 1989).
- Maintaining safe, meaningful relationships with both parents.
- Minimising conflict and disruption.
Public Law Decisions Focus On:
- Whether the child is at risk of significant harm.
- Whether the local authority has provided sufficient support and intervention.
- The least intrusive order necessary to protect the child.
Key Test: Public law cases apply the “threshold criteria,” the court must be satisfied the child is suffering or likely to suffer harm before making a care order.
Moving Between Private and Public Law
Sometimes cases cross over:
- A private law case may turn into a public law case if serious safeguarding concerns arise.
- A public law case can return to private law once social services involvement ends, for example, to formalise living arrangements.
Your solicitor ensures that your legal position is protected throughout these transitions.
What to Expect from Your Solicitor
At ASA Solicitors, we support clients in both private and public law proceedings by:
- Explaining which type of case applies and what it means.
- Preparing statements and evidence.
- Representing you at hearings and meetings.
- Liaising with CAFCASS, social services, and the court.
- Pursuing early resolution wherever possible.
Our aim is always to reduce conflict, protect rights, and promote positive outcomes for children.
Key Takeaways
Private law: Parent vs. parent.
Public law: Local authority vs. parent(s).
Both are decided by the Family Court under the Children Act 1989.
Parents in public law cases receive automatic legal aid.
Always seek legal advice early; both types of cases can affect your parental rights and your child’s long-term arrangements.
Whether your case involves a disagreement with another parent or intervention from social services, the Family Court is there to protect children’s welfare.
Knowing the difference between private and public law helps you approach the process calmly, with realistic expectations and the right legal support.
If you’re unsure whether your case is a private law dispute or a public law care case, contact our experienced family solicitors today.
We’ll explain your legal position clearly, advise on funding options, and guide you every step of the way.
Call ASA Solicitors on 01274 900 400
Email info@asa.co.uk
FAQs
What is the difference between private and public law in family court?
Private law involves disputes between parents (e.g. over child arrangements), while public law involves the local authority (social services) stepping in due to concerns about a child’s welfare.
What are examples of private law family cases?
Private law cases include Child Arrangements Orders, Specific Issue Orders, and Prohibited Steps Orders — typically used when parents disagree on a child’s care or upbringing.
What happens in a public law care case?
In public law cases, social services may apply for Care Orders or Supervision Orders if they believe a child is at risk. These cases involve the court, social workers, and guardians.
Can a private law case become a public law case?
Yes. If safeguarding concerns arise during a private dispute, social services may intervene and begin public law proceedings under the Children Act 1989.
Do I get legal aid in public law cases?
Yes. Parents are automatically entitled to free legal aid in public law care proceedings, regardless of income. ASA Solicitors can help you apply and act immediately on your behalf.
