When the Local Authority Gets It Wrong: How to Challenge Decisions About Your Child

November 17, 2025

Most social workers and local authorities aim to protect children and support families, but sometimes, they make wrong, unfair, or unlawful decisions. When this happens, understanding how to challenge social services decisions is essential to protect your family and ensure the process is fair.

It might be a refusal to return a child home, a misleading assessment, or a care plan that doesn’t reflect your progress.
Whatever the situation, you do not have to accept it.

This guide explains how to challenge social services decisions constructively, when to escalate to court, and how ASA Solicitors can help hold public authorities accountable.

When Can You Challenge Social Services?

You can challenge a local authority decision whenever it is:

Unfair or biased; based on incomplete or inaccurate information.
Unreasonable; disproportionate to the evidence or concerns.
Procedurally flawed; failing to follow legal duties or timelines.
In breach of your rights; such as family life under Article 8 of the Human Rights Act 1998.

Common examples include:

Children being kept in care longer than necessary.
Refusal to place a child with family members.
Incorrect risk assessments or unbalanced reports.
Inadequate support offered to enable reunification.
Unlawful delays or refusals in legal aid or funding decisions.

Key Principle: Local authorities must act lawfully, reasonably, and fairly, not simply according to convenience or internal policy.

Step 1: Raise Your Concerns Directly

Start by communicating clearly with your allocated social worker or their team manager.

Ask for a meeting or written explanation of the decision.
Remain calm and factual, avoid emotional or accusatory language.
Request copies of any assessments, notes, or minutes relied on.
Keep a written record of all correspondence and meetings.

Often, misunderstandings can be resolved through open communication before formal action becomes necessary.

Step 2: Make a Formal Complaint

If discussions don’t resolve the issue, you can submit a formal complaint under the local authority’s Children’s Services Complaints Procedure.

This usually involves:

Stage 1: Local resolution: handled by a team manager.
Stage 2: Independent investigation: reviewed by an external investigator.
Stage 3: Review panel: a formal panel considers whether your complaint was handled fairly.

You can also escalate to the Local Government & Social Care Ombudsman if you believe the council mishandled the process.

Tip: A solicitor can help draft your complaint clearly, highlighting legal errors and evidence gaps to strengthen your case.

Step 3: Request an Independent Review or Reassessment

If your dispute relates to an assessment or care plan, you can ask for:

A fresh assessment by a different social worker or team.
An independent social work report (often arranged through your solicitor).
A review meeting with your child’s Independent Reviewing Officer (IRO).

This is particularly important if new evidence or improvements in your circumstances have not been properly considered.

Step 4: Seek Legal Advice, and Consider Judicial Review

If complaints fail or decisions are clearly unlawful, you may need to take formal legal action.
This could include:

A. Judicial Review (JR)

A judicial review challenges a public authority’s decision-making process, not the decision’s outcome itself.
You can apply if the local authority:

Acted outside its powers;
Ignored key evidence;
Breached procedural fairness; or
Violated human rights obligations.

JR applications must be made promptly and within three months of the decision.

Example: If a local authority refuses to register a police station representative or unlawfully blocks reunification after agreeing a care plan, a judicial review can force them to justify their reasoning before the High Court.

B. Appeals in Family Court

If the disputed issue arises within care proceedings, your solicitor can appeal the order itself or request a review hearing.

Both routes ensure accountability; the key is acting quickly.

Step 5: Keep Everything Documented

Well-kept records can make or break your case.

Keep copies of every email, letter, and meeting note.
Request documents under the Data Protection Act (Subject Access Request) if needed.
Keep a written log of phone calls and visits.
Store all documents securely and chronologically.

These records provide clear evidence if your complaint or claim proceeds to court.

How a Family Solicitor Can Help

A solicitor specialising in child and family law can:

Review the decision for legal flaws or bias.
Draft effective complaint letters or pre-action correspondence.
Represent you in judicial review or appeal proceedings.
Work strategically to de-escalate issues before they reach court.

At ASA Solicitors, we combine legal precision with practical understanding of how local authorities operate, ensuring parents are treated lawfully and fairly.

Example: When Challenging a Decision Worked

A parent contacted ASA Solicitors after their child remained in care months after assessments showed progress.
We obtained disclosure, identified procedural failings, and issued a pre-action letter.

The local authority reviewed its position within days, agreeing to reunification under a supervision order.

Result: No court hearing was needed. The parent’s rights were upheld through early legal intervention.

Challenging social services isn’t about conflict, it’s about ensuring accountability, fairness, and your child’s best interests.

When local authorities make mistakes, parents have legal tools and rights to put things right. Understanding how to challenge social services decisions early gives you a clear advantage.

If you believe social services have made an unfair or unlawful decision about your child, contact ASA Solicitors immediately.

We’ll review your case, identify errors, and take decisive legal steps, from negotiation to judicial review, to protect your family’s rights.

Call ASA Solicitors on 01274 900 400
Email mail@asa.co.uk