When a parent or carer receives a letter from social services or hears the term pre proceedings for the first time, it can be confusing, frightening, and overwhelming. This guide breaks down the legal side of pre-proceedings and care proceedings, from what it all means to what your rights are, what steps to take next, and how to get legal help.

What Are Pre-Proceedings?

Pre proceedings refer to the final stage before the local authority (social services) decides whether to take a family to court for concerns about the safety or wellbeing of a child. It typically follows earlier stages such as a Child in Need plan, Child Protection plan, or a Section 47 investigation.

If those plans have not led to improvement, the local authority may escalate matters and invite you to a Pre Proceedings Meeting. This meeting is a formal step, and it means the council is seriously considering starting care proceedings through the family court.

What You Can Expect in Pre Proceedings:

• A Letter Before Proceedings explaining the local authority’s concerns in detail.
• A request to attend a formal meeting with your family law solicitor present.
• A list of tasks or assessments to complete (e.g. parenting assessments, drug/alcohol tests, attending courses).
• The opportunity to suggest family members for assessment as alternative carers.

This is your last chance to avoid court. By working with your solicitor and showing that you can keep your child safe, you may be able to prevent the case from progressing to court.

What Are Care Proceedings?

If the local authority feels that the risks to the child have not reduced during pre proceedings, they may apply to the Family Court for a legal order. This starts care proceedings, and a judge becomes involved in deciding where your child should live and who should care for them.

Types of Orders That May Be Made:

• Interim Care Order – The local authority shares parental responsibility and can place the child in foster care or with family.
  
• Interim Supervision Order – The child remains at home, but social workers have the legal power to monitor the situation.
• Final Care Order – If long-term concerns remain, the local authority may gain full parental responsibility until the child turns 18.
• Final Supervision Order – Continued support and oversight, typically lasting 12 months (and extendable).

Do I Have a Say in Court Proceedings?

Yes. If you are a parent or have parental responsibility, you are a central party to the case and have a legal right to:

• Challenge the concerns raised by social services.
• Provide your own evidence and witness statements.
• Have a solicitor represent you in court.
• Suggest relatives or friends who could care for the child if needed.
• Apply to challenge or discharge orders made by the court.

Working with a family law solicitor for child cases is essential at this stage. They will explain the process, help prepare your case, and represent your interests in court.

Can I Get Legal Aid for Pre Proceedings and Care Proceedings?

If you are a parent or someone with parental responsibility, you are automatically entitled to legal aid during care proceedings and pre-proceedings. It doesn’t matter what your income is, what benefits you receive, or if you’re working.

Legal Aid Also Covers:

• Free legal representation in pre-proceedings Meetings.
• Court representation during public law proceedings.
• Solicitor or barrister support throughout the case.

How Do I Qualify for Legal Aid If I’m a Relative or Carer?

While mums and dads automatically qualify, other relatives like grandparents or aunts/uncles may also get public law proceedings legal aid if:

• They’re caring for the child.
• They’re on a low income or receiving Universal Credit, income support, or state pension credit.
• They have a strong case (e.g., to challenge an assessment or apply for a Special Guardianship Order).

To apply, you will usually need:

• Recent bank statements (3 months).
• Proof of benefits or income.
• Wage slips if employed.

Your solicitor can help you gather this information and confirm your eligibility.

Your Rights and Next Steps

If you’ve received a Letter Before Proceedings or been told that social services are issuing court proceedings, don’t wait. This is your opportunity to take control of the situation, understand your rights, and start protecting your family’s future.

Your Next Steps:

1. Don’t ignore the letter – It will not go away on its own.
2. Contact a solicitor immediately – Make sure they specialise in care proceedings and public law cases.
3. Engage with the process – Attend all meetings, complete assessments, and work with professionals.
4. Provide names of supportive family members – This gives the court alternative options to removing your child.

We’re Here to Help

At Berkson Family Law, we specialise in representing parents and carers in pre proceedings, care proceedings, and all types of public law cases. Our experienced solicitors are accredited by the Law Society’s Children Panel and are ready to stand by your side through every step of the process. 

If you’d like to learn more about pre-proceedings, care proceedings, or your legal rights as a parent or carer, explore our other articles or get in touch for a free, confidential consultation with one of our experienced solicitors.

Contact our specialised solicitors for legal advice today.

 📞 0151 236 1234
📩 info@berksonfamilylaw.co.uk