Care Proceedings: Can I get help to pay for a lawyer?

If you receive either a ‘letter before proceedings’ or a court notice, it is very important that you see a solicitor to get some legal advice immediately. You may be upset or angry or feel that nobody is listening to you, so you will need someone to represent you and explain what is happening. Choose a solicitor who knows the law about children and how the courts make decisions in these types of cases. These solicitors are usually members of the Children Panel of the Solicitors Regulation Authority. You can get details of Children Panel solicitors from:

• a Citizens Advice Bureau;
• the Family Rights Group;
• Community Legal Advice; or
• the Law Society.

See ‘Further help’ for contact details.

As a parent you will not have to pay your solicitor. Parents and other people with parental responsibility involved in care proceedings can get public money (legal aid) to pay their solicitor’s fees. You can get this however much income or capital you have. It pays for what is known as Level 2 advice and should cover the cost of negotiating with the council as well as court proceedings. You should take the letter before proceedings or the court notice with you to your solicitor, as it will enable them to get the public funding.

The solicitor will act on your behalf in dealing with the council and can represent you in court (although he or she may decide you need a barrister to represent you in court).

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Community Legal Advice

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