Protecting children

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Protecting children

If social services are concerned that your children have suffered, or are at risk of suffering physical, sexual or emotional harm or abuse, they may take action to remove them from your care.

If you find yourself in this situation it's vital that you seek legal advice as soon as possible as court proceedings can be overwhelming and move very quickly.

Before starting proceedings, social services may arrange a child protection conference to consider the options available and decide whether they think a child is at risk from harm.

How we can help

We always suggest that you consult us as soon as social services become involved with your family, as our Leeds based Family Law team can then help you before things begin to escalate.

We may be able to attend child protection case conferences with you and suggest preventative measures to help avoid your children being removed from your care if at all possible, as well as ensuring you receive the support you need to care for them.

If court proceedings are started, we'll advise and represent you to protect your interests and make sure you understand the process involved.

Questions & Answers

Q: Will my children always be taken into care by the local authority once they become involved?

A: The local authority (council or social services) and in some cases the court, have a duty to protect a child and they aim to place a child in the best possible place for his/her long-term future.

This means that a child will not always be taken into care. The local authority will first investigate whether it's possible for a child to remain with his/her parents. If not, they will consider whether any other family members or people involved with the child may be suitable carers.

If none of these people are able to care for the child on a long-term basis then the local authority will consider placing the child in foster care and/or whether he/she should be adopted.

Q: Do I have a say in what happens to my child?

A: Yes, absolutely, and you can also obtain legal advice and representation at any stage if you feel that you are unable to represent yourself.

Q: Will I get Legal Aid?

A: Not everyone will be entitled to receive Legal Aid for advice as soon as social services become involved, as this depends on your income and other financial circumstances. However, if care proceedings begin and your child is in danger of being removed from you, as a parent, you will automatically be entitled to free legal advice and representation.

If you have some other relationship with the children - for example you are a grandparent, aunt or uncle - your entitlement to Legal Aid will depend on your income. We can assess your financial position and let you know whether you're entitled to any assistance with your legal costs.

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