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CARE PROCEEDINGS & SOCIAL SERVICES

Social Services Involvement

About Social Services Involvement

Social services involvement means a local authority children's social care team in England is looking at how your child is cared for: assessing your family under section 17 of the Children Act 1989, making child protection enquiries under section 47, or asking you to agree to section 20 accommodation. Only a court or the police can order a child's removal, and the authority may not accommodate your child under section 20 if you have parental responsibility, can provide or arrange accommodation and object. We explain what the social worker can and cannot do and advise before you sign anything.

Who this is for

  • Parents and carers contacted by a social worker after a referral from a school, GP, hospital, the police or a relative
  • Families asked to consent to a Family Help assessment or to support under section 17
  • Parents told that a strategy discussion has been held or that section 47 enquiries have started
  • Parents and relatives asked to agree to section 20 accommodation, a written agreement or a safety plan

How RakLAW helps

  • Explain which route the authority is using (section 17, 47 or 20) and what each lets it do without your agreement
  • Advise before you sign a section 20 agreement, a written agreement or a safety plan
  • Go through the assessment and social work records with you and prepare a written response to anything you dispute
  • Prepare you for meetings with the social worker and attend with you where local procedures allow it
  • Request your records and use the section 26 complaints procedure where the guidance has not been followed
  • Advise on your options if the authority moves towards a child protection conference, pre-proceedings or court

What Social Services Involvement Means

"Social services" is the everyday name for local authority children's social care. This page describes the law and statutory guidance that apply in England. The statutory guidance, Working Together to Safeguard Children 2026, says anyone with concerns about a child's welfare should consider a referral, immediately where significant harm is suspected. Within one working day of a referral, a social work qualified practice supervisor or manager should decide the response: immediate protection, an assessment under section 17 of the Children Act 1989, or enquiries under section 47.

Each route begins with a social worker asking questions, but they carry different powers. Family Help is the guidance's name for targeted support: it covers non-statutory early help and statutory support and assessments under section 17 of the Children Act 1989, and the guidance says it is a voluntary approach needing the family's consent. Section 47 enquiries are different: they are a statutory duty on the authority and do not depend on your agreement, and they can lead to a child protection conference, a letter before proceedings or an application to court.

A child is "in need" under section 17(10) if they are unlikely to achieve or maintain a reasonable standard of health or development without services, if their health or development is likely to be significantly impaired without them, or if they are disabled. That is not a finding against you: the duty in section 17(1) is to safeguard and promote the child's welfare and, so far as consistent with that, to promote their upbringing by their family.

The Legal Tests the Social Worker Applies

Section 47(1)(b) says that where a local authority has reasonable cause to suspect that a child who lives, or is found, in its area is suffering, or is likely to suffer, significant harm, it shall make such enquiries as it considers necessary to decide whether to take any action to safeguard or promote the child's welfare. The trigger is suspicion on reasonable cause, not proof. The authority must take reasonably practicable steps to obtain access to the child (section 47(4)) and must ascertain and consider the child's wishes and feelings (section 47(5A)).

Before enquiries begin, the guidance expects a strategy discussion between children's social care, the police and health, with other agencies such as the school where relevant. It shares information, agrees the conduct and timing of any criminal investigation and considers whether section 47 enquiries should start; the decision is the authority's, and the guidance lists practitioners, not parents, as the people involved.

The guidance sets an outer limit for the assessment: a decision on next steps no later than 45 working days from referral, with reasons recorded if that is exceeded. The social worker leading section 47 enquiries should see your child alone, explain the purpose, process and potential outcome of the enquiries and answer your questions openly unless doing so would affect the child's safety. If the concerns are not substantiated you should be told why; if they are, an initial child protection conference should follow within 15 working days of the strategy discussion. Our child protection conferences page covers what happens there.

Section 20: What You Can Agree To and Decline

Section 20 is how a child becomes "looked after" without a court order. Section 20(1) obliges the authority to accommodate a child in need who requires it because no one has parental responsibility for them, they are lost or abandoned, or their carer is prevented from providing suitable accommodation or care.

What matters for a parent is sections 20(7) and 20(8). The authority may not provide section 20 accommodation if a person with parental responsibility who is willing and able to provide or arrange accommodation objects, and any person with parental responsibility may remove the child at any time. Those rights do not apply while a person the child lives with under a child arrangements order, or a special guardian, agrees to the arrangement (section 20(9)), or where a child aged 16 or over agrees (section 20(11)). GOV.UK confirms that without a care order you keep parental responsibility; a written agreement or safety plan is not a court order either.

Without your agreement, a child can be removed in three ways. The court may make an emergency protection order under section 44, but only if satisfied there is reasonable cause to believe the child is likely to suffer significant harm if not removed, or, on a local authority application, that section 47 enquiries are being frustrated by access being unreasonably refused and access is needed urgently. The police may take a child into police protection under section 46, on reasonable cause to believe the child would otherwise be likely to suffer significant harm, for no more than 72 hours. And the court may make a care order in care proceedings.

Records, Evidence and Common Problems

Keep your own record: the date, who attended and what was said at every visit, every letter, assessment and plan you are given, and a copy of anything you sign. If care proceedings follow, Practice Direction 12A lists records of key discussions with the family, key minutes and records for the child, and pre-existing plans such as a child in need plan among the documents disclosed on request by any party.

Problems we see at this stage:

  • signing a section 20 agreement or a safety plan at the door, without advice
  • refusing the social worker access to your child, which under section 47(6) obliges the authority to apply to court for an order unless it is satisfied the child's welfare can be safeguarded without one
  • missing meetings or leaving letters unanswered, so the record carries only the authority's side
  • meetings without a professional interpreter, which the guidance says should be provided where needed
  • disputed facts in an assessment left unanswered, so they are repeated in every later report

Section 26(3) requires every local authority to have a complaints procedure open to a child, a parent or anyone with parental responsibility about its Part 3 functions, which include sections 17 and 20. The Family Rights Group helpline, 0808 801 0366 (Monday to Friday, 9.30am to 3pm), gives free, independent advice to parents and relatives.

How the Process Usually Runs

  1. A referral is received and within one working day the response is decided.
  2. Under section 17, a lead practitioner assesses the child and family, and a multi-agency child in need plan is drawn up if services are to be provided.
  3. Where significant harm is suspected, a strategy discussion is held and the authority decides whether to start section 47 enquiries.
  4. During section 47 enquiries the social worker sees the child, usually alone, and interviews you.
  5. The lead practitioner decides the outcome and, where concerns are substantiated, convenes an initial child protection conference.
  6. If the authority later contemplates care proceedings, the case moves to the Public Law Outline and pre-proceedings stage. Since 15 July 2026 the letter before proceedings must offer a family group decision-making meeting under section 31ZA, to be held before the authority applies for a care or supervision order, unless the authority considers that would not be in the child's best interests.

When Legal Advice Is Especially Important

Advice matters most where:

  • you are asked to agree to section 20 accommodation, or to sign a written agreement or safety plan, and are unsure whether you can say no
  • section 47 enquiries have started, or a strategy discussion has taken place
  • the social worker wants to see or examine your child
  • an assessment contains facts you dispute, or allegations you deny
  • there is domestic abuse in the household: harm under section 31(9) of the Children Act includes impairment from seeing or hearing the ill-treatment of another; see our domestic abuse injunctions page

Legal aid is not something RakLAW provides. At the assessment and enquiry stage there is no means-test exemption. Once the authority gives written notice that it is contemplating care proceedings, or issues them, a parent or person with parental responsibility does not face a means test for legal aid, but that funding comes only through a firm that holds a legal aid contract, and RakLAW does not hold one. Our fees for family law page explains how we charge.

How RakLAW Solicitors Can Help

We advise parents and relatives from 42 Shad Thames in Southwark, near Tower Bridge, from the first contact with a social worker. We explain which section the authority is relying on, read anything you are asked to sign before you sign it, and advise on section 20 terms.

If the case moves on, we prepare you for a child protection conference, respond to a letter before proceedings and represent you in care proceedings on a privately funded basis. Where a relative could care for the child, we advise on special guardianship orders; an immigration matter running alongside belongs to our family immigration team. If you are in immediate danger call 999; the National Domestic Abuse Helpline is 0808 2000 247. Call 0203 345 2000, book a free consultation, or see our care proceedings and social services hub for every stage.

Frequently asked questions

Can social services take my child without a court order?

No. A child can be removed against your wishes only under a court order, such as an emergency protection order or a care order, or by a police constable using police protection, which cannot last more than 72 hours. The authority may not accommodate your child under section 20 if a person with parental responsibility who is willing and able to provide or arrange accommodation objects. That objection does not apply where your child is 16 or over and agrees to be accommodated, or while a person the child lives with under a child arrangements order or a special guardian agrees.

Do I have to agree to a social work assessment?

Family Help covers targeted early help and statutory support and assessments under section 17, and the guidance says it is voluntary and needs the family's consent. If you do not consent, the guidance says practitioners should seek to understand why and consider how your child's needs could otherwise be met, and that a referral should be made immediately where significant harm is suspected. Section 47 enquiries are a duty on the authority and do not need your consent, and the social worker should explain their purpose, process and potential outcome and answer your questions openly.

What is the difference between section 17 and section 47?

Section 17 is the authority's general duty towards children in need; an assessment under it leads to support and, where services are provided, a child in need plan. Section 47 is the duty to make enquiries where there is reasonable cause to suspect significant harm, and it can lead to a child protection conference or court.

Can I withdraw my agreement to section 20 accommodation?

Yes. Section 20(8) says any person with parental responsibility may remove the child at any time, unless a person the child lives with under a child arrangements order or a special guardian agrees to the arrangement, or the child is 16 or over and agrees. Take advice first: the authority may seek an emergency protection order if it believes the child is likely to suffer significant harm unless they stay where they are.

Can I bring a solicitor or supporter to social work meetings?

Ask, and tell the social worker in advance. The statutory guidance says the family may bring an advocate, friend or supporter to a child protection conference. For other meetings the arrangements are local, so we check them and attend with you where the authority allows it.

Can I see what social services have written about me?

Yes. Ask the authority in writing for a copy of the personal information it holds about you; GOV.UK says it must respond within one month at most, with up to two further months in certain circumstances, and that requests are usually free. Information about the investigation of a crime can be withheld.

What happens if I refuse to let the social worker see my child?

The authority must take reasonably practicable steps to obtain access to the child. If access is refused, or the child's whereabouts are withheld, section 47(6) says it shall apply for an emergency protection order, a child assessment order, a care order or a supervision order unless satisfied the child's welfare can be safeguarded without one.

How long does a social services assessment take?

There is no fixed period and we do not quote one. The statutory guidance says the speed should be set by the child's needs, with an outer limit of 45 working days from referral to a decision on next steps.

Does RakLAW do legal aid for social services cases?

No. We are privately funded and do not hold a legal aid contract. The means-test exemption in the civil legal aid regulations does not cover advice during an assessment or section 47 enquiries; it covers representation in care, supervision, child assessment and emergency protection proceedings, and family help (lower) once the authority has given written notice that it is contemplating care proceedings. Ask a firm that holds a contract.

Speak to a RakLAW Solicitor

Book a confidential consultation with our family law team. We will talk through your situation, explain your options, and set out the practical next steps.

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