Children proceedings and dealing with local authorities
When social services have concerns about a child’s welfare, they may step in and start a legal process called care proceedings. This is done to ensure the child is safe and well cared for. However, this process can be overwhelming and stressful for families.
We’re here to help. Our experienced child law team can guide and support you, whether you are a parent, grandparent, or another family member. If social services have contacted you, getting legal advice quickly is crucial, as their decisions can have a lasting impact on your family. We offer clear and straightforward advice to help you understand your rights and options.
Care proceedings & local authority involvement
If the local authority believes a child is at risk, they have a duty to act. This can result in court proceedings, where different types of legal orders may be made. The most common include:
- Care orders – The local authority is granted parental responsibility for the child, but this does not remove parental responsibility from others, such as the child’s parents. However, the local authority can override their decisions if necessary to safeguard the child, including deciding where the child should live.
- Supervision orders – The local authority monitors the child’s wellbeing but does not take parental responsibility.
Legal advice is essential at this stage to ensure you understand your rights and can take action to protect your family.
What is parental responsibility?
Someone who holds parental responsibility can make important decisions about a child’s upbringing. For example. in relation to their education, religion and medical needs. Read more about parental responsibility.
What orders and arrangements can be made?
There are different types of legal orders and arrangements that can be made in care proceedings. Here’s what they mean:
Interim Care Order
This is a temporary order that gives the local authority shared parental responsibility for the child alongside the parents while the case is ongoing. They can make important decisions about where the child lives and who looks after them.
Supervision Order
The local authority does not take parental responsibility but must support and monitor the child’s wellbeing, offering help where needed.
Care Order
This is a long-term order where the local authority takes parental responsibility for the child, but the child’s parents also still have parental responsibility. The child may be placed in foster care, with another family member, or in a residential setting.
Special Guardianship Order (SGO)
This gives someone (often a relative or family friend) enhanced parental responsibility. This allows them to make important decisions about the child’s upbringing without needing the parents’ consent.
SGOs don’t always come from care proceedings – they can also be applied for separately.
Section 20 Voluntary Accommodation agreement
A Section 20 agreement is when a parent agrees to let their child stay somewhere else temporarily. This might be with a relative, family friend, or in foster care. This is because they’re not able to care for them currently, or because social services are worried about the child’s safety. Sometimes, parents ask for this kind of arrangement themselves. Other times, a social worker may ask the parent to agree to it.
The parent doesn’t have to say ‘yes’ to a Section 20 agreement. But before making a decision, it’s a good idea for the parent to seek legal advice so they understand their rights and what could happen next.
If a parent doesn’t agree to a Section 20 agreement, social services can’t just take the child without permission. They would have to go to court to get an order, or in emergency situations, they may involve the police.
Child Arrangements Order
A Child Arrangements Order is less common in care proceedings, but it can be made when the court decides that a child cannot live with their parents. Instead, the child may be placed with a family member who is able to care for them. In this case, the family member will share parental responsibility with the child’s biological parents.
This type of order is used when the local authority feels that they do not need to take on parental responsibility themselves.
No order
Sometimes, after looking at all the facts, the Court may decide that no legal order is necessary. This means the child stays where they are without any further intervention.
How does the Court decide?
For the Court to make a Care Order or a Supervision Order, they must be satisfied that:
the child is suffering or is likely to suffer significant harm, and
the harm is due to the care they are receiving not being good enough, or the child being beyond parental control
This is called the Threshold Criteria, and it must be proven before an order is made.
How long do care proceedings take?
Care proceedings usually take six to twelve months, but they can take longer if expert assessments are needed. The court aims to resolve cases as quickly as possible to avoid unnecessary delays for the child.
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“We handle clients with sensitivity and understanding throughout”
Partner & Head of Child Care Law
How we can help
We have extensive experience helping families through these difficult situations, including:
- Care proceedings & social services – protecting your parental rights and advocating for your child’s best interests
- Supervision Orders – helping you challenge or understand what this means for your family
- Special Guardianship Orders – advising those considering becoming a special guardian
- Child Arrangements Orders – helping parents set up arrangements if a child returns home but another parent disagrees
- Section 20 Agreements – ensuring you fully understand the implications of voluntary agreements with social services
- Adoption – guiding families through the legal process of adopting a child
Get expert legal support
If social services have become involved with your family, don’t face this alone. Our child law specialists provide expert legal guidance and compassionate support to help you navigate care proceedings with confidence.
We offer a fixed fee initial consultation, which allows us to take the time to understand your situation fully and provide meaningful advice. This ensures that you receive in-depth guidance and a clear legal strategy.
Contact us today to discuss your situation and find out how we can help.
Send our Child Care Team a message
Ann-Marie Bowman
Partner, Chairwoman & Head of Care
Ann-Marie Bowman is Partner and Chairwoman of East Midlands-based law firm Rothera Bray Solicitors. Working from our Nottingham and Derby offices, Ann-Marie remains highly committed to her fee-earning work in Family law, dealing with all aspects of children law.
David Berridge
Partner
David has over 30 years’ experience practicing Family Law. He is one of the most experienced family solicitors in Leicestershire and deals with a wide variety of matters.
Sarah Gill
Partner
Sarah is an experienced matrimonial and family law solicitor, dealing with children matters including child care, financial issues following separation of married couples and divorce. She undertakes court work in Leicestershire, Northamptonshire & Warwickshire. She is based at our Market Harborough office.
Charley Kelly
Associate Solicitor
Charley is an experienced Family Associate Solicitor who specialises in all areas of Family law. She acts for clients on a wide range of family issues including divorce, financial remedy and children matters. She is based at our Leicester office.
Emily Sherwood
Associate Solicitor
Emily Sherwood is an Associate Solicitor in Rothera Bray’s Family and Child Care department and is based at our Lace Market Nottingham and Derby offices.
Gurpreet Singh
Associate
Gurpreet Singh is an Associate in Rothera Bray’s Child Care department and is based at our Derby office.
Gabriella Kent
Solicitor
Gabriella Kent is a Solicitor in Rothera Bray’s Family and Child Care department and is based at our Nottingham Lace Market office.
Skyler Broadhead
Managing Paralegal
Skyler Broadhead is a Managing Paralegal in Rothera Bray Solicitors’ Child Care department and is based at our Lace Market and Derby offices.
Lucy Famakinwa
Paralegal
Lucy Famakinwa is a Paralegal in Rothera Bray’s Child Care team and is based at our Lace Market, Nottingham office.
Hannah Lilley
Paralegal
Hannah Lilley is a Paralegal in Rothera Bray’s Child Care team and is based at our Lace Market and Derby offices. Hannah specialises in care proceedings and private children law matters.
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Posted 11 November 2025
I can’t thank the team enough for everything they’ve done for me and my children. From start to finish, the whole company have been absolutely brilliant — always putting our needs and wishes first and supporting us every step of the way. Their communication, care, and understanding have been second to none. A special mention has to go to Emily, who is truly one in a million. She went above and beyond to make sure I felt heard, reassured, and fully supported throughout what was one of the most difficult times in my life. I’d highly recommend this firm to anyone looking for a solicitor who genuinely cares about both you and your family. Thank you all so much for everything you’ve done.
Nathan
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Posted 26 August 2025
I went to Rothera Bray solicitors as they accepted Legal Aid, and I needed help with a non-molestation order. I also wanted to apply for a Child Arrangements Order. What started as a simple application soon changed due to the other party’s actions and behaviour. They helped and advised me every step of the way. I was never ignored and always felt like a valued client, even though I was a legal aid client, and I know that isn’t always the case with other firms. They applied for my legal aid on my behalf, which took the strain away from me. My case ran on for 17 months in total, and I was always treated by Skyler and Ann-Marie with importance and respect consistently. My case ended with me having all protective orders and a lives with order until my child is 16. I highly recommend using Rothera Bray, especially if it involves Domestic Abuse. The care and attention you require in those difficult circumstances is exactly what you need. I would go back to them if it were ever needed.
Private Children Law and Non-Molestation Orders client
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Posted 5 August 2025
I’m incredibly grateful for the support and guidance I’ve received from Gabriella throughout the child arrangement proceedings. She approaches every aspect of the case with exceptional care, attention to detail, and genuine empathy. From the very beginning, she took the time to truly understand the unique complexities of my situation and the needs of my children. Her ability to balance legal precision with emotional sensitivity has been invaluable during such a difficult and personal process. What stands out most is how thoroughly she prepares — always referencing relevant case law, anticipating potential challenges, and providing clear, strategic advice tailored to my circumstances. I’ve never felt like just another client; she treats the case with the seriousness and dedication it deserves, and I feel fully supported and heard every step of the way. I wouldn’t hesitate to recommend her to anyone navigating the family court system.
AH
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Posted 22 May 2025
I just wanted to say thank you so much...I truly appreciate all your advice. I wanted to say that we all came away saying how lovely and we all really liked your approach with me. We came away feeling a bit better about things, so thank you.
Anonymous - Family Client
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Posted 15 May 2025
It was a pleasure to have worked with you. I really want to thank you for all your efforts. Thank you so much.
Sadia Hussain
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Posted 12 August 2024
Emily Sherwood is the most professional and kindest most helpful person ever. I can’t thank her enough. Her communication and advice helped me so much whilst I was going through an urgent child arrangement case and I couldn’t recommend anyone better than her. Thank you so much Emily and thank you so much Rothera Bray. If I could give more than 5 stars I would.
M Hanif
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Posted 24 July 2024
Emily Jasmine and Hannah all amazing kept me updated on everything!
Jake Lanson
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Posted 21 June 2024
Me and my partner almost lost our child to adoption but these guys fought and helped us and now she's gone for a special guardianship, so I can't thank them enough. I can't thank Emily Sherwood enough, she's the best, best solicitors, 5 stars!
Leah
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Posted 25 March 2024
I will forever be grateful for what you have done for my daughter and I. The case was stressful from the beginning with the difficulties and challenges placed on me by the local authorities but with your help, support and advice I managed to get through it and get the result that I wanted. Any queries or questions I had, you were able to answer them and clear them up, whenever the local authority would go back on their words or delay their responses, you have been able resolve the issue. You represented me for who I truly am and not the picture that other parties were trying to paint of me. If I come across anybody going through a similar case as mine I would recommend you as their representative.
Abed Ibinimion
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Posted 28 June 2023
Thank you Emily, you have been very helpful, you made the process seem so easy and put our minds at rest , you have been so efficient. You have filed and processed everything to the court much quicker than we thought and for that we are most grateful.
Mr & Mrs Scott
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Posted 28 June 2023
I wanted to thank you for all your support and advice and help you’ve given me. You have made a big difference for our family.
Sharon
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Posted 20 June 2023
Advice and support first class thank you. A special thank you to Jasmine Jackson and Skyler and my barrister Laura.
D