Solicitors

[TDR33]

Hi, my son and wife had a review recently and on the list of what they "need to do", is appoint solicitors independently. Is this usual? There is not a split in their relationship on the cards. What are the implications of this wording if they do or don't have individual representation?
My daughter in law as suffered anxiety, depression and OCD for a few years, not helped by the attention of Social Services.
Any advice welcome thank you.

[Suzie, FRG Adviser]

Dear TDR33

Welcome to the Kinship Carers’ Forum and thank you for your post. My name is Suzie and I am Family Rights Group’s online adviser.

I am sorry to hear that your daughter-in-law is finding Children’s Services’ involvement to be stressful.

You mention that your son and daughter-in-law have recently had a review. There are a few different types of reviews in children’s services’ processes. These include child protection review conferences and Looked After Child Reviews. Please could you confirm which type of review they were involved in?

At this review, the social worker or Chair recommended that they appoint solicitors independently. You are wondering why this has been suggested as they are a couple and also what the implications might be if they don’t have individual representation.

As they have been encouraged to get legal representation it may be that they are going into a pre-proceedings (PLO) process or that children’s services are planning to make an application to the court. If it is a PLO process they will be able to get advice from a solicitor for free ; they will just need to show the pre-proceedings letter. You can find out much more here. This includes advice on how to find a specialist solicitor with children law accreditation. If children’s services are going into care proceedings they will each get legal aid for legal representation. You can find out much more here.

It is usual practice to recommend that parents each have their own solicitor to represent them in legal or court processes with children’s services. This is because there may be a conflict of interest if they share a solicitor. Parents may have diverse needs or may present different risks to the child/ren. In some relationships there may be a concerns about domestic violence too or parents may separate during the court case. In some situations a court may need to consider if parents can care for their children together or whether only one parent can safely do so.

Your son and daughter-in-law can discuss their situation with a solicitor or solicitors and decide how they want to be represented. They will be able to make their own decisions about this. They do not have to follow children's services recommendations about separate solicitors but should discuss with a solicitor what will meet their needs best.

They may find our tips on working with a solicitor helpful.

They may be interested in asking for a family group conference to involve you and other extended family members in helping make safe plans for their child/ren. We have detailed information here.

We also have a parents’ discussion board and a freephone advice line which they are welcome to ring if they would like to talk to an adviser. The freephone number is 080 8801 0366 and the lines are open from 9.30 am to 3pm Mon to Fri (except bank holidays).

I hope this helps.

Best wishes

Suzie

[TDR33]

Hi Suzie
Thank you for your explanation. It has been very helpful.
It was a child protection review. They have a PLO letter. There are plans to arrange a family group conference, just waiting to hear from Social Worker. Hopefully she will be able to answer some of our concerns, but I think I may be returning to FRG site for information and advise.
Thank you again all.