“Family court hearings look how they do on TV”

It is easy to imagine dramatic courtroom scenes from television when thinking about family law, including aggressive cross-examination, judges banging gavels, and juries deciding outcomes.

In reality, family court proceedings are very different. There are no juries or gavels and proceedings are usually focused on working collaboratively to find a solution that promotes the best interests of the child. The welfare of the child is the court’s paramount consideration.

“Social services can just turn up and permanently remove your children”

This is a common misunderstanding.

Local authorities have a duty to work together with families to try to keep children safely within their care wherever possible.

In most cases, a court order is required before a child can be removed from a parent’s care.

There are limited exceptions where a child may be removed without a court order, for example under police protection powers or where a parent agrees to voluntary accommodation under section 20 of the Children Act 1989.

Emergency action is only taken where there are serious concerns about your child’s immediate safety including their physical, and emotional welfare.

“Your child will end up in foster care or adopted”

This is not necessarily correct.

When making decisions about a child’s future, the court and local authority must consider all realistic options. This includes assessment of wider family members or friends as potential carers.

Family and friends that you put forward can be explored as an alternative to foster care, provided they are willing and assessed as suitable.

“If you receive a PLO letter, you are being taken to court”

This is not quite right.

Some parents can panic after receiving this letter, assuming that a Court battle is about to start.

In actual fact, a letter before proceedings (PLO letter) is sent when a local authority has serious concerns about a child but wants to give parents a final opportunity to work with them to improve the situation for your child. (Read our article on navigating PLO pre-proceedings here).

The aim is to avoid court if possible and for issues to be resolved without having to go through difficult and often lengthy proceedings.

However, if improvements have not been made, or things have got worse, the local authority may decide to issue care proceedings, at any point.

“Legal aid is no longer available”

While there have been significant cuts to legal aid in recent years, it remains available in key areas of family law.

If you are a parent and find yourself as either a respondent to Care Proceedings of having been handed a PLO letter, Legal Aid and Legal Help is available automatically. 

Legal aid is generally non-means tested for parents in care proceedings and is also available for parents involved in the pre-proceedings (PLO) process. This ensures access to legal advice and representation during what can be a very difficult and complex time.

Contact Us

If you are worried about social services involvement or have received a PLO letter, it is important to seek legal advice as early as possible.

Contact our Family Team in Birmingham and speak directly with one of our Lawyers who can help you to navigate these challenging circumstances.  Call us on 0121 643 4121 and ask to speak to our Birmingham Family Team directly.