Ebony Yusuf, a solicitor who specialises in Children Law, explains how to get funded under Legal Aid in childcare proceedings when social services are involved.
If you’re involved in childcare proceedings, then legal representation (having a lawyer) is the best way to participate in the proceedings.
When you receive a do not ignore “Letter of Issue” from the local authority stating that they’re issuing care proceedings or a “pre-proceedings letter” to avoid care proceedings, you may be eligible for legal aid.
Depending on your situation, there are a few different ways you may be funded to participate in the proceedings. Here’s a guide below to consider your options.
Automatic (Non-Means, Non-Merits Tested) Legal Aid in Childcare Proceedings
If you’re a parent or a person with parental responsibility and the local authority has started care proceedings under the Children Act 1989, you automatically qualify for legal aid. This is regardless of your income or the strength of your case.
Your solicitor can apply for this straight away and start working on your case immediately.
This includes proceedings such as:
- Care Orders
- Supervision Orders
- Emergency Protection Orders
- Child Assessment Order
It’s important to know that even if you’re not the child’s primary carer, as long as you have parental responsibility (for example, you believe you are the father and you are on the birth certificate or have a court order), you are eligible. This type of funding covers all legal costs during the proceedings, including advice and representation in court.
Legal Aid for Children
Children are always a part of public law proceedings and are automatically granted legal aid.
They are represented by:
- A Children’s Guardian from CAFCASS, who independently advises the court on what’s best for the child
- A children’s solicitor, who works alongside the Guardian
No financial assessment is needed, and the child’s legal team is fully funded.
Legal aid for other family members (Means and Merits Tested)
Others involved in the case, if you’re a grandparent, aunt/uncle, older sibling, or another relative or friend who wants to be involved in the child’s care or apply for orders (like a Special Guardianship Order (SGO) or Child Arrangements Order), legal aid might still be available, but it’s not automatic.
You will need to pass the following:
- A means test where your income, capital, savings, and housing costs are considered.
- A merits test where the Legal Aid Agency must agree that it’s reasonable and necessary for you to be funded. They will consider the reason for you to be part of the court proceedings and whether it is justified.
You’re more likely to get legal aid if:
- The child has been removed from the parents’ care
- You’re applying for an SGO or residence/contact while care proceedings are ongoing, and the local authority does not support your case
Legal Help Scheme (Pre-proceedings advice, also known as Public Law Outline (PLO))
Before care proceedings start, the local authority would want to work with you to avoid court proceedings. These meetings are commonly referred to as pre-proceedings or Public Law Outline (PLO) meetings. This is a final chance for families to avoid court by engaging with a plan set by Children’s Services.
Parents and those with parental responsibility are entitled to legal advice at this stage and are eligible for legal help.
The legal help covers:
- Initial advice from a solicitor
- Attendance at PLO meetings
- Help with negotiations or correspondence
- Preparation of documents
It is advised that you get a solicitor involved in your case as early as possible. It means that you can be separately advised, and your voice heard and may help avoid care proceedings. It also shows that you are taking the issue seriously.
Legal Aid for Appeals and Post-Proceedings Applications
Once proceedings have ended, you might want to:
- Appeal a decision
- Apply to discharge a care order
- Reopen contact arrangements
- Apply to revoke a placement or adoption order
In these cases, legal aid may be available, but it will be means and merits-tested even if you are a parent of the child(ren).
A solicitor can help assess your chances and make the application to the Legal Aid Agency on your behalf.
How can we help you
Amphlett Lissimore Solicitors are contracted by the Legal Aid Agency, and we can represent you if the local authority issues care proceedings or pre-proceedings. If you receive a do not ignore “Letter of Issue” from the local authority, we can advise and guide you through the process.
Contact our friendly team today on 020 8768 6849.
Further Reading
Pre-Proceedings: What to expect from a public law outline meeting
Should I be afraid of social services?
