11/10/2026
⚖️ FAMILY COURT EXPLAINED, PART 23
When Children’s Services Become Involved, what happens after a referral, how Section 17 and Section 47 work, what happens if you are already in private Family Court proceedings, and when a case becomes public law
Children’s Services becoming involved can feel like an enormous escalation.
Parents may suddenly hear phrases such as:
“A referral has been made.”
“We are completing an assessment.”
“This is Section 17.”
“We are holding a strategy discussion.”
“Section 47 enquiries have started.”
“There will be a child protection conference.”
“The court has ordered a Section 37 report.”
“We are considering PLO.”
These phrases do not all mean the same thing.
And one of the most important things to understand is this:
Children’s Services involvement does NOT automatically mean public law proceedings.
A social worker can be involved while parents are already in a private law Child Arrangements case.
A family can be receiving support under Section 17 without any court proceedings at all.
A child can be subject to Section 47 enquiries or a Child Protection Plan without the local authority having applied for a Care Order.
The case becomes formal public law proceedings when the local authority issues a court application, usually seeking a Care Order or Supervision Order.
That distinction matters enormously.
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FIRST, PRIVATE LAW AND PUBLIC LAW, WHAT IS THE DIFFERENCE?
PRIVATE LAW
Private law proceedings usually involve a dispute between parents, carers or other family members.
Typical applications include:
Child Arrangements Orders
Specific Issue Orders
Prohibited Steps Orders
enforcement
variation of existing orders
For example:
Mum and Dad separate and cannot agree where their child lives or how much time they spend with each parent.
One parent files a C100.
That is private law.
In ordinary private law proceedings, the child is not usually a party to the case. Cafcass generally works through a Family Court Adviser, and the court can order a Section 7 welfare report if it needs more information.
PUBLIC LAW
Public law proceedings are different.
They are generally started by the local authority because it believes a child may need compulsory state intervention for their protection.
Typical applications include:
Care Orders
Interim Care Orders
Supervision Orders
and other safeguarding orders.
Once public law proceedings begin, the child is automatically a party, a Cafcass Children’s Guardian is appointed, and the child has their own solicitor.
That is a much more formal legal process.
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SO WHERE DOES CHILDREN’S SERVICES INVOLVEMENT FIT IN?
Children’s Services can become involved at several different stages.
For example:
No court proceedings at all
A referral is made because school is worried about attendance, neglect, domestic abuse, housing conditions, parental mental health or another issue.
Children’s Services assess and support the family.
Private law proceedings already exist
Parents are already arguing about contact or where the child lives, and safeguarding concerns arise.
Children’s Services may then become involved alongside the private case.
The private court asks the local authority to investigate
The Family Court may order a Section 37 investigation because it is sufficiently concerned that public law intervention might be necessary.
Public law proceedings begin
The local authority decides that voluntary or supportive intervention is no longer enough and applies for a Care Order or Supervision Order.
These are four very different situations.
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WHO CAN MAKE A REFERRAL TO CHILDREN’S SERVICES?
Almost anyone can raise a safeguarding concern.
That can include:
• school or nursery
• police
• GP or hospital
• health visitor
• CAMHS or mental health services
• domestic abuse professionals
• housing services
• probation
• another parent
• relatives
• neighbours
• the child
• the parent themselves asking for support
A referral simply means information has been passed to Children’s Services for consideration.
A referral is not proof that the allegation is true.
Children’s Services must decide what response is required.
Current statutory guidance says that, after receiving a referral, a social-work-qualified manager or practice supervisor should determine the next steps, with decisions ordinarily made within one working day.
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WHAT CAN HAPPEN AFTER A REFERRAL?
Possible outcomes include:
No further action.
Signposting to universal services.
Family Help.
Section 17 assessment.
Section 47 child protection enquiries.
Emergency safeguarding action.
The response should reflect the seriousness of the concern and the child’s needs.
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WHAT SHOULD YOU ASK AS SOON AS A SOCIAL WORKER CONTACTS YOU?
Ask clearly:
“What process are we actually under?”
Then ask:
Is this Family Help?
Is this Section 17?
Has Section 47 been initiated?
What are the specific concerns?
What information has been received?
Who is the allocated worker?
What happens next?
What is the timescale?
What support is being considered?
Are you liaising with Cafcass or the Family Court?
If you are already in private proceedings, also ask:
“Has the court requested your involvement, or has this arisen from a separate safeguarding referral?”
That distinction can matter.
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FAMILY HELP, WHAT IS IT?
The 2026 safeguarding framework refers to Family Help as part of a more integrated approach combining earlier targeted help with statutory support where appropriate.
The purpose is to intervene before problems become more serious and to provide coordinated support around the family.
Family Help might involve:
school attendance
SEND
parenting support
housing
domestic abuse
mental health
substance misuse
family relationships
practical support
Family Help is not a Care Order.
It is not court proceedings.
It is intended to support families.
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SECTION 17, WHAT DOES THE LAW ACTUALLY SAY?
Section 17 of the Children Act 1989 places a duty on local authorities to:
safeguard and promote the welfare of children in need
and, importantly:
so far as consistent with that duty, promote their upbringing by their families.
The authority must provide a range and level of services appropriate to the child’s needs.
That wording matters.
Section 17 is not simply about monitoring parents.
It is also about providing help so children can safely remain within their families where possible.
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WHAT IS A “CHILD IN NEED”?
A child can fall within Section 17 where, without services, they are unlikely to achieve or maintain a reasonable standard of health or development, or their health or development is likely to be significantly impaired, or they are disabled.
This can involve:
SEND
disability
mental health
school difficulties
housing problems
domestic abuse
parental illness
financial hardship
family breakdown
A Section 17 assessment does not automatically mean Children’s Services believe the parent has abused the child.
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WHAT HAPPENS DURING A SECTION 17 ASSESSMENT?
The social worker may speak to:
the parent
the child
school
health professionals
police
other services
relevant relatives
The assessment should consider both difficulties and strengths.
It should ask:
What does the child need?
What is going well?
What are the risks?
What support might help?
The current statutory guidance generally retains a maximum assessment timeframe of 45 working days from referral, although urgent safeguarding work must happen much sooner.
Support should not necessarily wait until the assessment is finished.
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PRIVATE LAW, WHAT IF YOU ARE ALREADY IN FAMILY COURT WHEN SECTION 17 STARTS?
This happens quite often.
For example:
Parents are already in Child Arrangements proceedings.
Cafcass identifies safeguarding concerns.
School then makes a referral.
Children’s Services start a Section 17 assessment.
The private law case remains private law.
The existence of a social worker does not automatically turn it into care proceedings.
Children’s Services may nevertheless become very important evidence in the private case.
The court may want:
the assessment
information about safeguarding concerns
updates about support
social work records
the local authority’s view of risk
The Cafcass Family Court Adviser may also speak to Children’s Services as part of their work.
Cafcass confirms that in private law the court may order either Cafcass or the local authority to prepare a Section 7 welfare report.
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WHAT IS A SECTION 7 REPORT?
A Section 7 report is a private law welfare report.
The court asks Cafcass or, sometimes, the local authority to investigate specific questions and advise what arrangement is best for the child.
It may cover:
where the child should live
contact
safeguarding
the child’s wishes and feelings
parenting issues
A Section 7 report does not itself create public law proceedings.
That is important.
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SECTION 47, WHAT DOES THE LAW SAY?
Section 47 is more serious.
Under Section 47 of the Children Act 1989, if the local authority has reasonable cause to suspect a child is suffering, or is likely to suffer, significant harm, it must make the enquiries it considers necessary to decide what action should be taken to safeguard or promote the child’s welfare.
That is the legal basis for child protection enquiries.
A Section 47 enquiry means:
the threshold for investigating possible significant harm has been reached.
It does not mean the allegation has already been proved.
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WHAT MIGHT TRIGGER SECTION 47?
Examples might include concerns about:
serious physical abuse
sexual abuse
serious neglect
domestic abuse
significant emotional harm
unsafe drug or alcohol use
serious medical neglect
exploitation
dangerous home conditions
multiple cumulative concerns
Each case depends on its own facts.
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WHAT IS A STRATEGY DISCUSSION?
Before or during Section 47 work, agencies may hold a strategy discussion.
This can involve:
Children’s Services
police
health
school
and other relevant professionals.
They consider:
What information do we have?
Is the significant-harm threshold potentially met?
Does Section 47 need to proceed?
Does the child need immediate protection?
Should police investigate a criminal offence?
Who should speak with the child?
What information still needs to be obtained?
Parents do not normally attend the strategy discussion.
The 2026 guidance strengthens expectations for robust multi-agency Section 47 assessments and direct work with children.
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PRIVATE LAW, WHAT IF SECTION 47 STARTS DURING A CHILD ARRANGEMENTS CASE?
Again:
The case does not automatically become public law.
But it may significantly affect the private case.
The Family Court may decide:
not to make final Child Arrangements decisions yet
to obtain the Section 47 outcome
to order further Cafcass work
to make temporary arrangements
to consider supervised or indirect contact
to consider a fact finding hearing
The local authority may conclude the concerns do not require public law proceedings.
Or the concerns may escalate.
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WHAT IF THE FAMILY COURT IS SO WORRIED THAT IT THINKS CARE PROCEEDINGS MAY BE NEEDED?
This is where Section 37 becomes extremely important.
Under Section 37 of the Children Act 1989, where the Family Court is dealing with a child’s welfare and considers that it may be appropriate for a Care Order or Supervision Order to be made, it can direct the local authority to investigate.
The local authority then has to consider whether it should:
apply for a Care Order or Supervision Order
provide services or assistance
or
take other action.
If it decides not to issue public law proceedings, it must explain why and what alternative action it proposes.
The statutory default is that it reports back within eight weeks unless the court directs otherwise.
Cafcass describes a Section 37 report as being ordered where the Family Court is sufficiently worried about the child that it wants the local authority to investigate safety.
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SECTION 7 VS SECTION 37, WHAT IS THE DIFFERENCE?
This is worth remembering.
SECTION 7
The court wants a welfare report.
The question is usually:
“What arrangements are best for this child?”
SECTION 37
The court is considering whether the child’s circumstances may justify public law intervention.
The question is closer to:
“Does the local authority need to consider applying for a Care Order or Supervision Order?”
A Section 37 direction is therefore a much more significant development.
But it still does not mean a Care Order has already been made.
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CAN PRIVATE LAW TURN INTO PUBLIC LAW?
Yes.
For example:
A parent files a C100.
The court becomes concerned about serious neglect.
A Section 37 investigation is ordered.
Children’s Services investigate.
They conclude that the child is suffering or likely to suffer significant harm and that compulsory intervention is necessary.
The local authority then applies for a Care Order.
At that point, public law proceedings have begun.
The child becomes a party.
A Children’s Guardian is appointed.
The child has their own solicitor.
The local authority has its lawyer.
The parents are separately represented.
Cafcass confirms that this is the defining structure of public law proceedings.
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PUBLIC LAW, WHAT IS THE LEGAL THRESHOLD?
Public law is not simply:
> “Children’s Services are worried.”
For the court to make a Care Order or Supervision Order, the statutory Section 31 threshold has to be established.
Broadly, the court must be satisfied that the child is suffering, or is likely to suffer, significant harm, and that the harm or likelihood of harm is attributable to:
the care being given, or likely to be given if the order were not made, not being what it would be reasonable to expect a parent to give
or
the child being beyond parental control.
That threshold is a major legal dividing line between social-work involvement and compulsory public-law intervention.
The court determines disputed factual matters on the civil standard, the balance of probabilities. Cafcass confirms this standard in public law proceedings.
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WHAT HAPPENS WHEN PUBLIC LAW PROCEEDINGS ACTUALLY START?
The local authority makes an application to the Family Court.
It will usually file evidence including:
social-work statements
threshold allegations
the proposed care plan
assessments
a chronology
relevant records
The parent receives the court papers.
The child becomes a party.
A Cafcass Children’s Guardian is appointed.
The Guardian appoints a solicitor for the child and independently scrutinises the local authority’s assessments and care plan.
The parent should obtain a specialist children-law solicitor immediately.
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WHAT IS THE CHILDREN’S GUARDIAN’S ROLE IN PUBLIC LAW?
The Guardian is not the local authority social worker.
They are independent of Children’s Services.
Their role includes:
meeting or engaging with the child
ascertaining wishes and feelings
speaking to social workers and professionals
reviewing assessments
scrutinising the care plan
considering relatives and alternative placements
making recommendations to the court
The Guardian can agree with the local authority.
They can also disagree.
The judge makes the final decision.
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WHAT IF CHILDREN’S SERVICES WANT THE CHILD REMOVED BEFORE A FINAL HEARING?
That does not automatically mean permanent removal.
The local authority may apply for an Interim Care Order.
The court then has to consider whether the statutory test for interim intervention is met and what arrangements are necessary while the case continues.
The court may consider:
remaining with a parent
placement with another parent
kinship care
foster care
contact arrangements
assessments
The final decision comes later unless the proceedings conclude sooner by agreement or another lawful outcome.
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WHAT SHOULD A PARENT DO ONCE PUBLIC LAW STARTS?
First:
Get a specialist children-law solicitor.
Then:
Read the threshold document carefully.
Read the social-worker statement.
Read the care plan.
Identify factual inaccuracies.
Identify what you agree with.
Identify what you deny.
Provide evidence.
Tell your solicitor immediately about relatives who may be able to care for the child.
Engage with assessments.
Attend contact consistently.
Complete relevant work.
Keep a chronology.
Do not wait until the final hearing to put relatives forward or challenge major inaccuracies.
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WHAT IF YOU DISAGREE WITH THE SOCIAL-WORK ASSESSMENT?
Whether you are in private or public law, separate:
FACT
from
OPINION.
For example:
Report says:
“Mother has failed to engage with school.”
Your response:
“I attended meetings on 2 April, 18 April and 7 May. The school emails confirming these meetings are attached.”
That is a factual challenge.
If it is opinion:
> “The social worker concludes that contact demonstrates poor emotional attunement. I disagree because contact records dated X, Y and Z record appropriate comfort, play and response to distress.”
That is much more effective than:
> “The social worker is biased.”
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WHAT ABOUT DOMESTIC ABUSE?
Domestic abuse can arise in both private and public law.
In private law, it may affect:
Child Arrangements
PD12J
fact finding
supervised contact
Cafcass recommendations
In public law, domestic abuse may form part of the local authority’s threshold case.
But the analysis should consider:
the perpetrator’s behaviour
the effect on the child
coercive control
current risk
what protective steps the victim-parent has taken
what support has actually been offered
Current safeguarding guidance places stronger emphasis on domestic abuse and coercive control within child safeguarding assessments.
Being a victim of domestic abuse does not automatically mean being an unsafe parent.
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WHAT ABOUT ALCOHOL OR DRUGS?
Again, context matters.
The question is not simply:
“Has this parent ever used drugs or alcohol?”
It is:
“How does this affect the child’s safety and care?”
Relevant concerns may include:
intoxication while parenting
unsafe driving
drugs accessible to children
violence or unpredictability
unsafe adults in the home
failure to meet the child’s needs
Where there is a real concern, parents may be asked to engage with:
drug testing
alcohol testing
treatment services
recovery programmes
risk assessment
In public law, sustained change may become important evidence about whether a child can safely remain or return home.
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WHAT IF THE CONCERN IS YOUR HOME?
Children’s Services may raise concerns about:
clutter
hoarding
hygiene
repairs
fire risk
blocked exits
unsafe sleeping arrangements
Ask them to identify the specific hazards.
Instead of:
> “The house is unsuitable.”
ask:
“What exactly needs to change for you to consider the home safe?”
Then document improvements.
You might keep:
dated photographs
receipts
repair records
waste removal evidence
fire-service advice
support-worker records
The court and Children’s Services need evidence of risk and change, not vague labels.
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WHAT IF YOU NEED HELP?
Asking for help does not automatically mean your children need to be removed.
Section 17 of the Children Act 1989 specifically exists to support children in need and, where consistent with their welfare, to support them to be brought up within their families.
Support might include:
• housing support
• domestic abuse services
• SEND support
• help with school attendance
• mental health services
• parenting work
• practical assistance
• disability support
• family support services
A family needing help and a family requiring compulsory removal are not the same thing.
If you are struggling, asking for support can actually demonstrate that you recognise what your family needs and are willing to engage with services.
The important questions are:
What support does the child need?
What support does the parent need in order to meet those needs?
What can professionals practically put in place to help the family remain safely together?
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WHAT IF YOU REFUSE CHILDREN’S SERVICES INVOLVEMENT?
This depends on the legal basis for their involvement.
If the work is voluntary support, the position is different from formal child protection enquiries under Section 47.
If Section 47 applies, the local authority has a statutory duty to make safeguarding enquiries where it has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm.
Simply saying:
> “I withdraw consent.”
does not automatically bring a Section 47 investigation to an end.
If professionals believe they cannot safely assess the child and they remain concerned that the child may be at significant risk, the matter may escalate.
That could include further safeguarding action, legal planning or, in sufficiently serious circumstances, an application to the Family Court.
However, Children’s Services do not gain unlimited powers simply because they use the word “safeguarding”.
You are still entitled to ask:
What legal basis are you working under?
What exactly are the concerns?
What are you asking me to agree to?
Is this voluntary or statutory?
What happens if I disagree?
What support are you offering?
Where the situation is becoming more serious, get advice early.
You can engage with Children’s Services while still challenging factual inaccuracies, unreasonable requests or conclusions you do not agree with.
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WHAT IS A CHILD PROTECTION CONFERENCE?
Where Section 47 enquiries indicate that there are continuing concerns that a child is suffering, or is likely to suffer, significant harm, Children’s Services may convene an Initial Child Protection Conference.
This is a formal multi-agency meeting.
It brings together the family and professionals who know the child.
That might include:
• the social worker
• parents or carers
• school or nursery
• health professionals
• police
• domestic abuse services
• mental health professionals
• other relevant agencies
The conference considers:
What are professionals worried about?
What has happened?
What are the risks to the child?
What strengths and protective factors exist?
What is going well?
What needs to change?
What support does the family need?
Does the child require a formal Child Protection Plan?
Parents should normally have an opportunity to attend, hear the concerns and give their own views.
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HOW SHOULD YOU PREPARE FOR A CHILD PROTECTION CONFERENCE?
Do not go into the meeting without preparing.
Make a short list of:
What you agree with
For example:
> “I agree that school attendance needs to improve.”
What you disagree with
For example:
> “I do not agree that I have refused support.”
Your evidence
For example:
> “I attended meetings on 4 September and 12 September and have emails confirming this.”
What you have already changed
For example:
> “A new morning routine has been introduced and I have arranged support with school.”
What support you need
For example:
> “I am asking for SEND support and help with school-related anxiety.”
This allows you to show insight where concerns are genuine while still correcting information that is inaccurate.
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DOES A CHILD PROTECTION PLAN MEAN PUBLIC LAW?
No.
This is one of the most important distinctions to understand.
A Child Protection Plan is not itself a court order.
It does not automatically give the local authority parental responsibility.
It does not mean a Care Order exists.
It does not mean care proceedings have started.
A family can have a Child Protection Plan without there being any public law court proceedings at all.
However, the plan should still be taken seriously.
If concerns remain significant, risks increase, or professionals believe insufficient change is taking place, the case may move towards:
legal planning
PLO or pre-proceedings
and potentially
care proceedings
So a Child Protection Plan does not mean court proceedings are inevitable, but it can be part of the route towards them if serious concerns remain unresolved.
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WHAT IF YOU DISAGREE WITH THE CHILD PROTECTION PLAN?
Do not simply refuse to engage.
Ask for the plan in writing and go through it carefully.
Ask:
What exactly is the concern?
What evidence supports it?
What am I expected to do?
What are professionals expected to do?
What support will actually be provided?
How will progress be measured?
What are the timescales?
What would need to happen for the plan to step down or end?
If information is factually wrong, correct it in writing.
For example:
> “The plan states that I have not engaged with school. I attended meetings on 2 September, 9 September and 16 September. I have attached the relevant emails.”
If you disagree with professional opinion rather than a factual error, explain why and provide evidence.
If necessary, ask about the local authority’s complaints process or procedure for challenging decisions made at conference.
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PRIVATE LAW AND CHILD PROTECTION CAN RUN AT THE SAME TIME
This is really important.
For example:
A father applies to the Family Court for contact.
The mother raises domestic abuse allegations.
Cafcass carries out safeguarding checks.
Children’s Services become involved.
Section 47 enquiries begin.
A Child Protection Plan is made.
The Child Arrangements proceedings are still private law.
The existence of a Child Protection Plan does not automatically convert the case into public law.
The private law court may, however, use information from Children’s Services when deciding what is best for the child.
That might include:
the Section 47 assessment
Child Protection Conference minutes
the Child Protection Plan
social work assessments
information about domestic abuse
professional views about risk
updates about whether concerns have reduced
The private Family Court may take that information into account when deciding:
where the child should live
whether contact should happen
whether contact should be supervised
whether further assessment is required
whether a fact finding hearing is necessary
whether another court order is required
Formal public law proceedings only begin if the local authority itself issues a care or supervision application.
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WHAT HAPPENS IF PUBLIC LAW STARTS WHILE PRIVATE LAW IS ALREADY RUNNING?
The court will need to manage the overlap.
For example, there may already be an application about contact when Children’s Services later issue care proceedings.
The public law case will usually become the main safeguarding proceedings because the Family Court is now considering whether compulsory state intervention is required.
Existing private law proceedings might then be:
dealt with alongside the care proceedings
consolidated with them
stayed temporarily
or
resolved as part of the wider proceedings
depending on the circumstances.
Parents should tell their public law solicitor about:
all existing Child Arrangements Orders
Specific Issue Orders
Prohibited Steps Orders
previous fact finding judgments
Cafcass reports
Section 7 reports
previous allegations and findings
ongoing private law applications
Do not assume that the existing private law history disappears.
It can contain extremely important evidence.
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PUBLIC LAW AND RELATIVES, DO NOT WAIT
If there is a realistic possibility that a child may not be able to remain with either parent, relatives should be identified as early as possible.
Possible family carers might include:
• grandparents
• adult siblings
• aunts
• uncles
• older cousins
• close family friends
• other connected people
The local authority may consider them for:
an initial viability assessment
a fuller kinship assessment
connected-person fostering
Special Guardianship
or another family placement.
Waiting until the final hearing to say:
> “My sister could care for the child.”
can create serious problems.
Assessments take time.
Police checks may be needed.
Home assessments may be required.
The Guardian and local authority may need to investigate the placement.
The court may be working to a strict timetable.
So if somebody within the family could realistically care for the child:
Tell the social worker early.
Tell your solicitor early.
Make sure the Children’s Guardian knows.
Relatives who want to be assessed should also make their interest clear themselves where possible.
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HOW I CAN HELP THROUGH IN YOUR CORNER
For families dealing with private law alongside Children’s Services involvement, I can help with:
• understanding whether the social-care involvement is Family Help, Section 17 or Section 47
• understanding how Children’s Services involvement affects an existing private Family Court case
• Section 7 preparation
• Section 37 preparation
• Cafcass preparation
• chronologies
• evidence organisation
• responses to social-work assessments
• Child Protection Conference preparation
• Child Protection Plan reviews
• position statements
• identifying factual inaccuracies
• preparing clear safeguarding evidence
• organising messages, school records, professional reports and other relevant documents
For families in public law, I can work alongside your solicitor and help with:
• understanding threshold allegations
• reviewing social-work statements
• understanding the care plan
• organising evidence
• preparing an allegation-by-allegation response
• reviewing contact notes
• documenting positive changes
• identifying relatives for assessment
• preparing questions for the Children’s Guardian
• preparing for assessments
• preparing for meetings and hearings
• helping you understand what is happening at each stage
Your solicitor remains responsible for your formal legal representation in care proceedings.
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PRIVATE LAW VS PUBLIC LAW, THE SIMPLE VERSION
PRIVATE LAW
Usually started by:
a parent, carer or family member.
Typical questions include:
Where should the child live?
Who should the child spend time with?
How much contact should take place?
What decision should be made about the child’s upbringing?
Cafcass usually acts through a Family Court Adviser.
The child is usually not automatically a separate party.
Children’s Services can still become involved.
A family can have:
Section 17 involvement
Section 47 enquiries
or
a Child Protection Plan
while the Family Court case remains private law.
---
PUBLIC LAW
Public law proceedings are normally started by:
the local authority.
Typical questions include:
Is the Section 31 threshold met?
Is the child suffering, or likely to suffer, significant harm?
Does the child need compulsory protection?
Can the child safely remain at home?
Can the child return home?
Should the child live with a relative?
Is foster care necessary?
What contact should parents and siblings have?
Should the court make a Care Order or Supervision Order?
In public law:
The child is a party.
A Children’s Guardian is appointed.
The child has their own solicitor.
Parents should have specialist legal representation.
The local authority must present its evidence and establish the legal threshold required for the order it seeks.
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THE KEY THING TO REMEMBER
Children’s Services involvement exists on a spectrum.
A referral does not equal guilt.
Family Help does not equal child protection.
Section 17 does not equal Section 47.
Section 47 does not equal removal.
A Child Protection Plan is not a court order.
A Child Protection Plan does not automatically mean public law proceedings.
Children’s Services can become involved during private law without the case becoming public law.
A Section 37 direction can become an important bridge between serious concerns arising in private law and possible public law intervention.
Public law begins when the local authority actually brings its own court application.
So always ask:
What legal process am I under?
What are the specific concerns?
What evidence supports them?
What does Children’s Services expect to change?
What support are they providing?
What are professionals themselves expected to do?
How will progress be measured?
How does this interact with any existing Family Court case?
Is legal planning, PLO or care proceedings being considered?
Understanding those answers can completely change how you should respond.
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NEXT, PART 24
PLO AND PRE-PROCEEDINGS
What does a Letter Before Proceedings mean?
What happens at the PLO meeting?
Why should you take a solicitor?
What legal aid is available?
What changes are Children’s Services expecting?
What assessments might be requested?
Can relatives be assessed?
What happens if the local authority is not satisfied with progress?
And what can parents do to try to prevent the case progressing to care proceedings?
If Children’s Services are involved alongside your private Family Court case, you have received a Section 17 or Section 47 assessment, your child is subject to a Child Protection Plan, or you are worried that the case may be moving towards PLO or public law proceedings, you are welcome to contact In Your Corner.
Toni
In Your Corner
Legal Family Advocate
This series provides general information and guidance relating to children and family law in England and Wales and is not a substitute for individual legal advice.
