Care Proceedings

BHP Law provide child care proceedings advice and other child care law advice from accredited child care lawyers.

Our child care lawyers are child centred, proactive and give child care proceedings advice in the most trying and stressful circumstances.

Local authority child care intervention legal advice

On occasions it becomes unclear whether a child or children are being afforded the care and nurturing they deserve by their immediate and extended family.

In some cases the State (usually Local Authority) steps in and asks the Court to consider the welfare of the children and whether there is a need for a protection plan, which, at its extreme would mean the children being placed out of parents' care with approved foster carers.

Where there is Local Authority intervention a parent may have already attended a Child Protection Conference where a number of professionals have met with parents, and often child care legal advisors, to share and resolve concerns over the child(ren). The authority should not be removing or attempt to remove children from their primary carer unless there is clear and compelling evidence the child’s welfare demands it.

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There are a number of ways an authority can help a parent provide what is called “good enough parenting”. An Authority has a legal obligation to help any “family in need” when that intervention and assistance may fulfil such needs. This would include the provision of:

  • Counselling
  • Parenting courses
  • Funding (essential equipment)
  • Advice and assistance
  • Written agreement (where Local Authority/parents and extended family agree to a plan to promote the welfare of the children).

This list is by no means exhaustive and, essentially, the test is one of “need” in circumstances where the Local Authority can bridge any gap. 

Although the Local Authority can remove children for limited periods, they ultimately have to justify their actions to the Court and so early legal advice in all such cases is strongly advisable.

If you would like to have a chat about your options or how we may be able to help you please contact a member of the team, complete our call back form or contact us directly at your local office.

Your Family Law Team

Oluwapelumi (Amanda) Adeola

Partner

Oluwapelumi (Amanda) Adeola specialises in private Family Law. She moved to the Northeast from London after completing her Legal Practice Course and trained…

Andrea Hewitson

Partner

Andrea is a specialist Family Lawyer with over 30 years’ experience. She undertook her law degree at Northumbria University and went on to study for…

Alex Clancy

Senior Associate

Alex began her career as a Family Law Clerk at Watson Woodhouse Solicitors after graduating from Teesside University in 2004. She spent her first year…

Cheryl Whyte

Senior Associate

Cheryl joined BHP Law in January 2023 as a Senior Associate to help expand the public aspect of the firms growing Family team. Cheryl qualified…

Charlotte Brown

Associate

Charlotte joined BHP Law in February 2024 as an Associate Solicitor to help expand the child law aspect of the firm’s growing family team. Charlotte…

Maariyah Zaman

Solicitor

Maariyah is a newly qualified Solicitor specialising in Family Law, predominantly public children law. Maariyah started her career as a legal secretary…

Nicole Shaw

Trainee Solicitor

Nicole joined BHP Law in January 2023 as a Trainee Solicitor having worked at VCW Law for nearly five years within the Family Department. Nicole commenced…

Gillian Mitchell

Chartered Legal Executive

With over 20 years experience as a Chartered Legal Executive specialising in Family Law, Gillian joined BHP Law's family team in October 2020 bringing…

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