If a child is considered to be at risk, is the subject of or has involvement from social services, our childcare solicitors can help you. We represent parents, family members, carers and children themselves in court proceedings.
Public child law is complex, especially when the best interests and welfare of a child is involved. We are here to help guide and represent you through the family courts.
We specialise in offering expert advice and guidance in childcare law, from child protection issues to care proceedings. Our team have been ranked as a Tier One team by the Legal 500 for three consecutive years for their sound advice and excellent service, so you can be sure you're in safe hands.
We know the cost of a solicitor can be a concern, but legal aid is available for some family law matters. We can tell you if you meet the criteria for legal aid and help you to apply.
Navigating childcare law is rarely straightforward, but you don't have to face it alone. Here's how we can be by your side, supporting you every step of the way.
Care proceedings: Representing parents, family members, and children when social services are involved, including cases where a local authority seeks care or supervision orders.
Pre-proceedings (PLO): Supporting families in Public Law Outline (PLO) meetings before court proceedings start.
Special Guardianship Orders (SGOs): Helping relatives or carers gain legal responsibility for a child when parents cannot care for them.
Child protection: Assisting families involved in child protection conferences or plans.
Domestic violence and abuse:Supporting anyone in danger of physical or emotional abuse to get an injunction or non-molestation order to keep them safe.
Female Genital Mutilation (FGM): Representing individuals where there are concerns about FGM, including applications for FGM Protection Orders to safeguard those at risk.
Forced Marriages: Supporting individuals facing forced marriage, including securing Forced Marriage Protection Orders to prevent harm.
Many of our child care solicitors are experienced advocates, representing clients in all courts, including the High Court and Court of Appeal, ensuring consistent support throughout the process. There are also a number who are Law Society-accredited for their expertise in child care law, and the team benefits from a speaker of Urdu and Gujarati.
Our family and childcare team accreditations
Learn more about childcare proceedings
What are childcare proceedings?
are initiated when social services apply to the court to determine if your child should be legally protected from harm. This could be for several reasons including physical, emotional and sexual harm, and neglect:
Physical harm can include hitting, biting and physical punishment
Emotional harm may include threatening behaviour, exposing the child to explicit and scary situations and people, or making the child feel unwanted
Proceedings may also be started when a child is considered beyond parental control.
What is the childcare proceedings process?
At the start of care proceedings, the local authority apply to the family court for an interim order. This is a temporary care order that allows the local authority to take a child(ren) into care while are ongoing. The interim order is usually decided at the first hearing, shortly after the application has been made.
The court will also schedule a case management hearing, which should be held 12-17 days after the application is made to the court. The hearing can take place either before the magistrates, a District Judge or a Circuit Judge. This hearing sets out a timetable of dates for the filing of recommendations and plans about the future of your child(ren). For example, the social workers will tell the court about any work they want to do with you to assess if it’s safe for your child or children to return home or to stay at home. The court will set a date for a further hearing about four - five months after the local authority makes its first application to the court.
This hearing is called an issues resolution hearing. The main purpose of this hearing is to let the court know whether the plans for the child(ren) are agreed upon by the parents and the professionals. If a plan is agreed by everyone then the case can conclude at this hearing. If the plan isn’t agreed then the court will be asked to list the case for a final hearing.
The final hearing is to take place within six months of the application being put before the court. A final hearing can be listed for any length of time depending upon how complex your case is. If there is no agreement then it’s at this final hearing that a court will make a final decision about the plan for your child(ren).
Who can Switalskis represent?
Parents and carers
We represent the parents of children in childcare proceedings from Public Law Outline (PLO) meetings through to care or supervision orders. If you have parental responsibility over a child, then it is essential to obtain professional legal advice to make sure that the complexities of proceedings are dealt with properly.
Our childcare solicitors have years of experience in representing clients in these types of cases, with a wide and thorough knowledge of this area of law.
We understand how stressful and sensitive this time in your life can be. Our team is friendly and understanding and offers the support you need to feel properly represented after your case.
Grandparents and other family members
If you’re concerned about how your grandchild or a child related to you is being cared for we can help you:
You want assessing to care for a child
You’re caring for a child but aren’t the biological parent
You have previously cared for the child
The local authority has completed a viability assessment of you/your family
You wish to have contact with your grandchild
Although non-parent's don't automatically get legal aid, you may still be eligible for financial support, we can go through the options with you.
Children
We provide specialist representation of children of all ages and are often instructed by court-appointed guardians to represent the interests of children in care proceedings.
Our child care solicitors are skilled in communicating with children, and work closely with guardians, ensuring proceedings are explained in an age-appropriate way to young clients. We’re also instructed by young people in care who want independent, straightforward advice.
We also represent the interests of children who have been made a party to private law proceedings under rule 16.3 and 4 of the Family Proceedings Rules. We use our experience and skills from working with young people to make sure their voices are heard and their views are considered by the court.
What outcomes can I expect from a childcare case?
The outcomes from a childcare case depend on a variety of factors, for example, the outcome of the parenting assessments or other expert assessments, the circumstances surrounding the child(ren), and what the court deems to be in the child's best interests. Some common outcomes can include:
Child arrangement orders: these set out who the child will live with and how they'll spend time with each parent.
Supervision orders: to allow the local authority to provide support and supervision for up to a year but the child stays at home.
Care orders: the local authority gains parental responsibility for the child and can determine where the child lives, often in a foster home or residential placement, or with relatives.
Special guardianship: giving a family member or a person who has a connection with the child responsibility for the child without removing the child’s legal relationship with their biological parents.
Adoption: if all the assessments of the parents, the family and connected people are negative, the court will consider adoption as a last resort.
While these outcomes are standard in childcare law, every case has its unique aspects. That's where our expertise comes in. At Switalskis, we aim to guide you through the process, offering clarity and reassurance along the way.
How are cases funded?
Childcare cases often come with emotional turmoil, and the last thing you'd want to worry about is how to pay for the necessary legal support. But you can breathe easy as we’ve got options that could work for you:
Legal aid: One common method of funding for childcare law cases is legal aid. If you’re a parent in care proceedings, you are entitled to legal aid regardless of your income. If you’re a family member or friend of the family and meet certain financial criteria and your case has enough merit, you will be eligible for legal aid. It's designed to cover the costs of legal advice, mediation and representation in a court of law. We'll advise you about the information and evidence you will be asked to provide and we’ll make the application to the Legal Aid Agency for you if we think you will qualify.
Fixed fees: Knowing what you'll pay upfront can ease your worries. For some services, we offer fixed fees to help you plan and manage your finances better.
Payment plans: If a one-time payment seems too steep, don’t worry. We offer flexible payment plans that make it easier for you to get the legal support you need. Our goal is to make our childcare law services accessible to as many people as possible.
We're transparent about costs and will discuss all your funding options during our initial consultation. It's essential for us that you’re comfortable and well-informed as you go through this challenging period.
Frequently asked questions about care proceeings
What rights do parents have in childcare cases?
Understanding your rights in childcare cases can be difficult. We're here to guide you through it, providing the expert advice you need.
You have the right to legal representation. In child care proceedings, it's important to have a solicitor who specialises in child care law to represent your interests. We can help make sure your voice is heard throughout the process.
You also have the right to be kept informed about the case. Authorities must let you know what's happening at every stage of any investigation or proceedings concerning your child. Lack of communication can be both frustrating and disheartening, but we'll make sure that you are kept in the loop.
One key right you possess is to participate fully in the case. You'll be invited to attend all court hearings and meetings related to your child's welfare. Your views matter, and the court will consider your wishes and feelings when making decisions.
Another vital aspect is the right to confidentiality. Court proceedings are now open to the press to attend hearings but the press must respect your anonymity and abide by confidentiality restrictions set by the court.
Lastly, you may have the right to appeal decisions made by the court, although this can be a complex area. This is where our expertise comes into play, guiding you on whether an appeal is possible and how to go about it.
What is a child arrangement order?
A child arrangement order sets out who a child will live and spend time with. Essentially, it aims to provide clarity on the child's living arrangements and the time they'll spend with each parent or other guardians.
You can apply for a child arrangement order through the court, usually when there's a dispute between parents or guardians that can't be resolved amicably. The court's main concern is always the child's best interests, so they'll look at various factors like the child's emotional and physical wellbeing, educational needs, and the potential impact of any change in circumstances.
Unfortunately, there is no legal aid funding to assist you with making an application to the court unless you’re a victim of domestic abuse, or you can show that your child(ren) would be at risk of harm from the other party. However, we can discuss private funding options with you to guide you through the complexities of securing an arrangement that works best for your child(ren).
What is an emergency protection order?
An emergency protection order is a legal tool that can be used by the local authority when there's a belief that a child is in immediate danger. This order allows the child to be temporarily taken into the care of the local authority, usually for up to eight days, although this can be extended.
An emergency protection order is something no one wants to encounter, but when immediate action is needed to make sure a child is safe, it becomes necessary. The court only grants this order if they believe there's a risk of significant harm to the child if they remain in their current environment.
If you're faced with an emergency protection order, we understand how stressful and emotional the situation can be. That's why we're here to help. With our expertise in child care law, we'll guide you through the legal process and support you in understanding your rights and options.
Client Story: representing children in family court
Ruth Coneron, child care director and soicitor represented two brothers through their children's guardian in a complex case involving serious allegations against their father. One child had additional needs, making the mother especially protective. Prior to Ruth’s involvement, the court had failed to establish contact arrangements.
Concerned about the situation, the Guardian brought Ruth in to advise. The children hadn't seen their father in two years, and both parents were struggling mentally. Ruth arranged for a assessment of the family mental health, ensuring they all had support.
Ruth then use the assesments to help the family manage their anxieties and encouraged the mother to support a positive relationship between the children and their father. She reinstated structured contact, which progressed well. The Judge praised the parents for prioritising their children, and a final Child Arrangements Order was made for the children to remain with their mother while following Ruth’s contact schedule with their father.
Read what our clients said about our childcare team
Absolutely fantastic company. Been using them on my specific case for just a good few months. Gone above and beyond in ensuring I got what I needed from court. Special thank you to Ruth Coneron, her secretary Lesley Spooner who both went above and beyond to ensure I was ready for court. Got the outcome I wanted and its thanks to Switalskis solicitors. Again thank you very much
Care Client
I went to Switalskis due to Family court proceedings. Gabby took on my case after a disaster with a different firm and I couldn’t have asked for anyone better. From the very beginning she was very professional as well as being caring and supportive.
I wouldn’t want or trust anyone else to assist me and would highly recommend Gabby to anyone. I am glad my case is over with for now but will miss speaking to Gabby as she has been in my life such a long time due to the length of the case.
N Joyce - private children law client
I wouldn’t want or trust anyone else to assist me and would highly recommend
I have always received professional representation at what has been stressful times. I have been listened to and supported with kindness and understanding. The work ethic and responsiveness to my needs has always been above and beyond what I expected.
I would have no hesitation in using Switalskis services again and highly recommend them if you are seeking professional and competent services.
Child Care Law Client
Rebecca and her no-nonsense approach was exactly what we needed when we were feeling so anxious about our court case. She knew her stuff and she fought hard for us.
Child Care Law Client
Jennifer Heckingbottom is a heavyweight care practitioner in North Yorkshire and Sheffield and robustly case manages expert evidence on behalf of the child.
In this blog, we’ll explore a childcare case shared by Ruth, who represented children in family court. This case reflects the importance of appropriate support and keeping children's best interests at heart.
A care order does not remove the parent’s parental responsibility, but gives the local authority shared responsibility in making important decisions for the child.
Choosing the right firm for your childcare case is about finding a partner you can trust during a challenging period. So, why Switalskis?
Clarity in complexity
Childcare cases can be intricate and emotionally draining. We simplify what appears complex. We break things down into plain English, giving you clear, actionable advice.
Empathy at every step
We're not just lawyers; we're people who care deeply about the impact of our work on your family. You're more than just a case number to us; you're a person going through an incredibly challenging time. We'll stand by you every step of the way, offering not just legal advice but emotional support as well.
Expertise you can trust
When it comes to childcare law, you need the best. We're experts with a proven track record. Our team is filled with specialists who bring a wealth of experience to your case, offering you the best possible chance for a positive outcome.
Championing your rights
We're committed to your cause. We're not just here to guide you through the legal process; we're here to advocate for you and your family's rights. We bring tenacity and determination to every case, aiming for the best possible outcome while making sure you feel empowered and informed.
Find out how Switalskis can help you
We're here to guide you through the intricacies of childcare law, offering clarity and compassionate support along the way. Contact us today to discover how our expertise can make a real difference in your life. With Switalskis, you're not just hiring solicitors; you're gaining a caring and committed team.
Call us now on 0800 138 0458 , chat with us on WhatsApp, or contact us through the website.
