Importance of having a Solicitor in Care Proceedings

Importance of having a Solicitor in Care Proceedings

Once you have been informed that the Local Authority are issuing care proceedings, you will be faced with the choice of either representing yourself or instructing a solicitor to act on your behalf. Care proceedings are complex and can have life-changing consequences, for both you and your child(ren). It is rarely beneficial to represent yourself, and the proceedings can be difficult to navigate without expert knowledge.

Instructing a solicitor will give you the best chance of obtaining a positive outcome. Here’s why instructing a solicitor is much better than trying to go through it alone:

To assist in understanding the legal process and knowing your legal rights

Almost all court proceedings involve complicated legal terminology, rules and strict deadlines, and care proceedings are no exception to this. It can be difficult to keep on top of the proceedings and understand what is happening.

A solicitor will ensure that you:

- Understand the proceedings, from start to finish.

- Know what to expect at each stage.

- Know the Local Authority’s concerns and how to address them.

- Know the possible outcomes available.

- Do not miss any deadlines.

Focusing on the important things

Care proceedings can take up to 26 weeks (or longer in some circumstances), which makes it an emotionally draining process. Parents often feel overwhelmed by the process whilst also trying to care for their child and manage their personal circumstances. Having a solicitor means that you do not need to worry about the legal process and can focus on the important things – engaging with support, making positive changes, and promoting a safe environment for the child(ren).

A solicitor will:

- Keep you updated on your case.

- Offer practical advice on how to improve your chances of keeping your child(ren).

- Explain decisions and documents in plain language.

- Take on the burden of all paperwork, representation and everything else in between, allowing you to focus on improving your situation and demonstrating your ability to provide a safe and caring home.

Access to free Legal Aid

One of the biggest misconceptions is that hiring a solicitor is expensive. In care proceedings, if you are a parent of the child, then you are automatically entitled to free legal aid, regardless of your financial circumstances. If you are another person (e.g. a grandparent) that has parental responsibility for the child, then you are also automatically entitled to legal aid.

Speaking on your behalf in court

Court hearings can be intimidating, especially when the Local Authority is represented by experienced professionals. Even when unrepresented, judges expect parents to present their case clearly and respond to arguments appropriately.

A solicitor (or the appointed barrister) will:

- Challenge any evidence when required.

- Question and cross-examine other people and experts.

- Present a strong case to the judge.

- Argue against unnecessary intervention by the Local Authority.

Challenging the Local Authority’s evidence

A solicitor will carefully examine the Local Authority’s evidence and challenge it when necessary. A solicitor will

- Identify and weaknesses, inconsistencies, or errors.

- Apply for expert assessments to counteract the evidence.

- Present alternative solutions.

Avoiding damaging mistakes

Despite their long duration, care proceedings move quickly and often decisions made early on can have a long-term impact. A solicitor will ensure that:

- You do not agree to care arrangements without fully understanding the consequences.

- All evidence is submitted on time.

- You do not say something in court that could later be used against you.

Whilst you have the right to represent yourself within care proceedings, it is not advisable to do so. As we have discussed in this article, there are many risks associated with representing yourself. The proceedings are complex and can have life changing consequences, and so it is best to give yourself the best chance at succeeding.

As Legal Aid is automatically available, there is no reason to face the proceedings alone. Having a solicitor provides the best chance of keeping your child(ren) in your care and ensuring your rights are fully protected.