Location

Child Care

Special guardianship

If you would like to become a carer for a child(ren) in your extended family or close friends who cannot stay with their parents, we’ll support you as you take the legal steps to make it possible.

It is essential that you follow the correct procedure to have the best foundations for building strong relationships for the future. Our solicitors will give you the clarity you need to understand your options and guide you through the process.

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Clear, practical and supportive advice

Becoming a kinship carer is a rewarding prospect. You can change the course of a child’s life for the better, giving them long-term security and a safe home, saving them potentially a childhood in foster care or the permanent separation of adoption. But it is crucial you know your rights and understand exactly what this means for you and your family. That is where we will help. Our broad range of legal expertise in special guardianship, kinship foster care, and other forms of legal framework means we can give you clear advice on your role, on potential support plans and representation through the process of getting the order, which can be complicated too. 

One size doesn’t fit all for kinship care, and that’s because no two families or individuals are completely alike. For this reason, we follow a tailored approach, taking your situation and hopes for the future into consideration to lead you towards a solution that works for everyone. There are several options open to you, and we’ll give you clarity on how each one will affect you and the outcome we think is realistic given the circumstances. 

We’ve successfully helped grandparents, aunts and uncles and friends of the family become special guardians and alternative carers – including many occasions when the Local Authority were not in favour of them. We do this by providing full and reliable advice, writing helpful position statements when the Local Authority supports you, and making compelling challenges to negative assessments when they do not.

What is a special guardianship order?

Not to be confused with Children’s Guardians, a special guardianship order is a Court order under the Children Act 1989 for a child to live with and be cared for by an individual who is not their birth parent. This person will usually be a family member or friend who has been assessed by children’s social care as fit to look after the child. It provides an opportunity to avoid the child living with people they don’t know or being placed for adoption.

In many cases, it also means the birth parents can have more contact with the child. There are a number of options, including wellbeing and financial support and different levels of contact with the birth parents, and we can help you see the full picture. 

Being a special guardian

If you become a special guardian, you have parental responsibility for the child and the power to override the child’s own parents until that child reaches the age of 18. That means you will have to protect and maintain the child and make decisions for them, like where they go to school and agreeing to medical treatments. You can take the child outside the UK for a limited period without needing to get a court order. You may be able to get an allowance, which is means tested and helps cover the cost of the care you provide. 

Being a special guardian can be very rewarding, but it is recommended you get legal advice to make sure you know how it will affect your life, and which legal options are available to you. 

Who can be a special guardian?

If you want to become a guardian of a child, you will probably have already been assessed by local authority children’s services. You don’t need to be a blood relative, but you will likely need permission from the court or local authority to apply, unless the child has lived with you for a certain amount of time. We have taken lots of clients through the assessment process and the hearing, taking away some of the stress and worry they understandably feel.

There are circumstances when special guardianship is not the right fit for your circumstances, and we advise aspiring family carers on the potential alternative options including caring as a kinship foster carer, a child arrangements order, and more.

What if the Local Authority does not believe I am suitable?

Many of our clients come to us with a positive assessment, for legal advice funded by the Local Authority. However, if you wish to challenge a negative assessment, then we have a track record of obtaining family placements for children in the face of opposition from the Local Authority, and legal aid may be available to fund the case.

I am a parent and I am responding to an application for somebody to become my child’s Special Guardian. I don’t agree. What can I do?

Non-means- and non-merits-tested legal aid is now available to challenge applications for Special Guardianship Orders and you should contact us for advice. The Court will decide the application based on whether it is in the best interests of your child. We can advance your case to set out why it isn’t.

I am a parent and I am seeking to discharge my child’s Special Guardianship Order. What can I do?

Legal aid is likely to be available, but you would need the Court’s permission to apply to discharge (cancel) the Special Guardianship Order. The Court will not let your application proceed unless you can show a significant change in circumstances since the order was made. If your application is allowed to proceed then the Court will decide whether it is in your child’s best interests for the order to be discharged. We can advance your case in this respect.

Contact us

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Legal aid

When you face the possibility of losing your child, it can be reassuring to know that you may not need to pay to have a solicitor working by your side. If you can’t afford legal support, legal aid may be able to cover the costs of legal advice if your case concerns something as important as getting a reasonable level of contact with your child in care.

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Who can get legal aid?

Legal aid is available for people who can’t afford to pay for legal services or for those who need it for a very serious problem, such as the prospect of losing their child. It enables you to get free legal advice and representation, to make sure you can get your right to a fair hearing in court. In some cases, legal aid is automatically available based on the situation, and sometimes it is awarded based on your income and the importance and complexity of the case itself. 

If your eligibility is means tested, you will get legal aid if you are on Universal Credit, receiving certain other benefits or on an extremely low income. In addition, you need to have savings of less than £8,000. You will be asked to provide financial evidence. You may also need to contribute some money to the Legal Aid Agency, which is the government organisation running the scheme for people in England and Wales. 

The merits test for legal aid considers the complexity of the legal process and the importance of the case to you and your wellbeing. You also usually need to show that your case has more than a 45% chance of being successful.

We apply for legal aid for you, so you don’t need to worry about putting together your application by yourself. When you appoint us, we will let you know what to expect from your legal aid application, such as whether we believe you are likely to get it and how many of our services are likely to be covered. 

I’m a parent, do I get legal aid?

Parents or those with parental responsibility automatically get legal aid if they are going through care proceedings, applications for a child assessment order or an emergency protection order, applications for a placement order, applications for an adoption order, applications for a Special Guardianship Order, or pre-proceedings (also known as Public Law Outline).

If you are the biological father, then you can get automatic legal aid in these situations, even if you do not have parental responsibility. In these situations, legal aid is awarded automatically without means or merits testing, meaning you get it no matter what. For any other Child Care Law case, means and merits tested legal aid is likely to be available.

I am not a parent but I do have parental responsibility due to a previous Court Order. Will I get legal aid?

If you have parental responsibility for a child, perhaps because you are already their Special Guardian or there is an order naming you as the person the child is to live with, then you are treated the same as ‘a parent’ for the same applications listed above.

I don’t have parental responsibility. Will I get legal aid?

If you are facing care proceedings, a child assessment order or an emergency protection order, you may be eligible for legal aid and advice from a solicitor. It will be means and merits tested. If legal aid isn’t available, the local authority may fund some form of representation. 

When the legal aid agency grants means-and-merits-tested legal aid, this is usually limited to a certain stage in the proceedings. When that stage is reached, it becomes necessary to apply for further extensions of legal aid. We can assist with the entirety of this process.

Legal aid isn’t available for wider family if you are going through the pre-proceedings (PLO) process, unless you have parental responsibility.

Is legal aid available for secure accommodation orders?

For the child this is non-means-and-non-merits-tested. For other family members, iIt may be available based on means and merits, no matter your relationship to the child. 

Is legal aid available for discharge of care orders or to get contact with child in care?

It may be available based on means and merits, no matter your relationship to the child. 

Can you get legal aid to take local authorities to court?

It may be available based on means and merits, no matter your relationship to the child. 

Is legal aid available for other court applications made by or against Local Authorities?

It may be available based on means and merits, no matter your relationship to the child. 

Contact us

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Please note: We only offer legal aid in child care matters not in respect of private law.

Emergency protection

If you are facing an emergency protection order, contact us immediately for legal advice. Please call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help.

As soon as you contact us, we will put a solicitor or barrister in place to represent you with a calm, level-headed approach at this important hearing. Legal aid is available, so you don’t need to worry about the costs.

Legal help when you need it the most 

Our team has been through the emergency care order process countless times. We’ve represented parents, children, guardians and family members during this critical and extremely time-sensitive set of proceedings. Our experience means we can quickly pull a case together in the shortest timeframes and give you sound legal advice straight away about child protection and safeguarding.

We’ll do everything we can to make sure one of our solicitors is by your side or arrange one of the barristers we work closely with to be there for you. You can rest assured that you will have legal representation if you contact us immediately. 

At a time when emotions and stress levels are running high, our team will be a voice of reason and a calm front. Never is our straight-talking approach more valued than when time is short, and you can rely on us to be honest about the situation, the potential outcomes, and the steps you must take. We’ve defended more applications for an emergency protection order than we can count, so we know where the law stands and the test the judge will be applying. No matter how complex your case may be, we will ensure you have fair legal representation.

What is an emergency protection order?

Anyone can apply to the Court for an emergency protection order (EPO) under the Children Act 1989 if they believe the child is in imminent danger or significant risk of harm. However, the application is almost always brought by the Local Authority, because a social worker is concerned about child abuse, violence or abduction. If the Court makes an emergency protection order, the child will be taken into care for a short initial period (no more than 8 days) while the local authority will most likely apply for an interim care order and will at least consider doing so.

These particularly serious cases require a sound knowledge of family law. Whether you are a guardian or a parent, we will help you see the situation with complete clarity so you can navigate the court hearing and take your next steps. What’s crucial is that you contact a solicitor immediately because you will be in Court in a matter of hours. 

Understanding the law

Removing a child from their home with immediate effect requires a very serious concern about the child’s welfare and protection. That is why there is very strict criteria to make this happen. The reasoning behind wanting to remove a child needs to be proportionate to the danger they face, and this danger must be imminent. There has to be compelling evidence in support of the Local Authority’s case. Our role is to show you where the law stands and give you a clear understanding of potential outcomes, which we’ve helped countless clients with before.

Understanding your options

Even at such short notice, there are things we can do and alternative options that might work in this difficult situation. Sometimes, the Court can be persuaded that the child can be kept safe long enough for you to put a defence together, and the emergency protection order is refused on that basis. There may be allowances for the child to have contact with their parents, family members or someone with a child arrangement order for their care. We will always be realistic and honest with you about what you can expect the outcome of these hearings to be.

Even if the order isn’t granted, the emergency protection order is often followed by care proceedings to find a more permanent solution for the child and family. We are always very clear about the next stage in the process from the outset, helping you to prepare yourself. We have seen first-hand how distressing and difficult the process is for everyone, so we continue to provide legal support to our clients while decisions about the future are being made. You need to take sensible steps, and we will make sure you know what you should do next. 

Legal aid

The last thing you want to worry about when you face an emergency protection order is legal costs. Please know that legal aid is automatically available for most parents and relatives with responsibility for the child and is usually means tested for others.

Contact us

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Discharge of care orders

If your child has been taken away after care proceedings, the chance of having them back at home with you is incredibly exciting. There is various criteria you need to meet, and what is best for your child will always be the Court’s priority.

We can help you prepare a case to achieve the best possible outcome for your family.

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Finding a clear path forward

Our team has helped lots of families reunite with their children who are currently in foster care or being looked after by a kinship foster carer. Taking the local authorities to court to reverse a care order is challenging, but it is not impossible. We know the process and we’ve been through it a number of times. This experience means we can give you a clear indication of your chances, no matter what your situation has been in the past and what it looks like now.

Our approach is centred on honesty and sound legal judgement. We know what you’re up against and we’re realistic about the outcomes you can expect. You can rely on us to be clear with you from the outset. However, we also know we can help you improve your situation, because we’ve done it for others lots of times. Even if the outcome isn’t what you had hoped for, we will help you plan for the future, if and when circumstances change.

We take a personable approach. This means we’ll work closely with you and be there to answer any questions you have, whenever you have them. We take a genuine interest in families and will make sure you always feel supported.

Grounds for discharging a care order

A number of people can create an application to discharge a care order. It could be the child themselves perhaps through an independent reviewing officer, the parent, someone with parental responsibility like a special guardian or sometimes the Local Authority itself. To get the final court order changed, you will need to show that circumstances have significantly improved, which may include having a secure home, signs of improved mental health and a better relationship with drugs and alcohol.  

The Court will consider what is in the best interests of your child and will be particularly interested in what has changes since the original Care Order was made. The Court will also consider whether the Care Order remains necessary and proportionate, based on the new circumstances.

It is not easy to convince a Court to move a child who is potentially very settled in a long-term care arrangement and therefore only the strongest and best-put cases will succeed. Our legal experts will look at your situation and give you a clear expectation on the outcome of your application.

Guidance through the process

There are two main ways to discharge a care order. You may wish to appeal a care order if you believe the judge made a mistake during your final hearing, in which case, we need to act quickly to arrange an appeal, which must be made within a strict time limit. The second, and usually more effective, way is through a discharge of care order, which you could pursue if you have made positive changes in your life and want to try to get your child out of care. 

Discharging a care order takes time and you need to provide clear evidence to the Court that you have taken positive steps forward. For this reason, your application needs to reflect the changes you’ve made. We prefer to advise our clients early in the process, so you are prepared for the assessments which will be a key part of any application to discharge a care order.

It is a formal and complicated process, and we will guide you through an application which is a truthful but persuasive representation of your situation. We will also help you present to the Court all the reasons why it is in your child’s best interests to be removed from a placement where they are settled, and returned home – a sensitive and difficult task, requiring expertise to get right.

Getting legal aid for discharging a care order

You may be entitled to legal aid through the Legal Aid Agency. This will help to cover the costs of our advice while applying to discharge a care order. Whether or not you get this help will be based on your income and other circumstances.

Contact us

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Contact with children in care

Getting more contact with a child in the care system is a huge concern for any parent who has been through care proceedings. You may be worried that you won’t be able to see your child very often, but we can help you take a practical approach to get the best possible outcome.

Your contact arrangements are always under review, so we will make sure you get a fair assessment of your situation. Legal aid is available on a means-and-merits-tested basis to help parents cover the legal costs involved with getting an order for contact with a child in care, and we can help you apply for the funding.  

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

A legal expert, on your side

Even after your child has been removed by the Local Authority, you are likely to be able to get some form of contact with them. The Local Authority has a duty to support a reasonable level of family contact, and it’s important to stay positive. We understand how hard it is to stay hopeful under a Care Order, but we’ve helped many clients gain more contact with their children and improve their situation. We’re specialists in this area of family law, and we will give you clarity on how the Children Act 1989 affects you based on your current circumstances.

When you want to change the contact you have with your child in care, getting the correct legal advice to challenge the Local Authority is crucial. You need to put across a strong argument about why a different arrangement, proposed by you, is in your child’s best interests, and we are here to help you do exactly that. We’ve been through the process many times and know what judges will want to see in the family court.

Our experience also means we’re realistic about potential outcomes. We won’t give you false hope and will instead be honest about what you can expect and the steps you need to follow to change the restrictions placed on you. Even if the outcome isn’t what you had hoped for, we will give you clear guidance on how to put yourself in a better position for success and reach an agreement in the future. 

Typical child contact arrangements

There is no typical child contact arrangement because the care plan will depend on your unique circumstances and those of the child. We have seen contact arrangements ranging from more than once a week, to a handful of visits per year, and everything in between.

Types of contact range from direct contact through face-to-face meetings, which may be supervised in a contact centre, to non-direct contact through letters, emails or phone calls. Interim contact should be arranged whilst care proceedings are ongoing and is usually higher than under a full Care Order. We can help you understand the arrangements you are most likely to achieve and take you through the whole process of achieving the best possible outcome.

Reasons for supervised contact

You may be allowed to have supervised contact with your child, which means someone else will be with you at all times. This type of contact may be put in place if the Court or Local Authority believe your child is at risk of harm when they see you. Supervised contact may feel unnatural to you, but it can be an effective way of helping to build your relationship with your child in a safe environment.

The person accompanying your child may be a social worker or a family member who has been suitably assessed. Over time, the level of supervision may be reduced, and we can give you legal advice on how to improve the kind of contact you have with your child.

Getting more contact

The Local Authority that holds the Care Order usually decides how much contact the parent has with the child, and what sort, and it has a duty to keep the arrangements under review. If you, as a parent, are not happy with the level of contact, you can make a Court application. It is then up to the Court to decide the nature and level of contact parents can have with their children based on what is best for the welfare of each child. 

We help lots of parents and family members get more contact with their children. Parents often turn to us directly for legal help after getting nowhere in discussions with their social worker for many weeks and months. It is our job to give you a clear indication on the kind of contact you can expect to have with your child based on your circumstances and whether or not your situation has improved. We will also guide you through the process to make sure you get a fair trial when important decisions are being made about your future and child’s upbringing.

Contact us

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Public law outline (pre-proceedings process)

Pre-proceedings make many of our clients feel incredibly panicked. It is understandable, with lots at stake for both parents and children. If you find yourself in this situation, you need to get a solicitor to support you as soon as possible.

It’s always best to keep the matter out of Court, and we can help you come to an agreement that works. With pre-proceedings, parents automatically get legal aid

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Expert advice, every step of the way

When you receive a PLO letter, also called a pre-proceedings letter, it is important that you act fast and get expert legal advice and representation. This is exactly what we provide. With years of experience in child protection and safeguarding cases, we know the right way to handle matters to achieve the best possible outcome. We’re experts in family law, and we will make sure you fully understand your options. If you feel confident in the pre-proceedings meetings and know the implications of any decision, we know we’ve done our job right. 

We will give you complete clarity about the legislation and potential proceedings ahead of you, and work with you to try and avoid it. Family law can be complicated, and it is our job to make it easy for everyone to understand, so you can make confident decisions about how you want to proceed. You can also count on us to be honest. We never shy away from the reality and will be clear about what you can expect from any agreement and the following care proceedings, should they be needed.

It is never too late to get legal advice before a pre-proceedings meeting, especially given that legal aid is available to cover the costs. We have decades of experience and know how to quickly get to grips with new cases, no matter how complex or difficult.

What can social services do?

If a child protection social worker is concerned about the welfare of the child, and steps taken so far have not produced the outcomes they want to see, they can ask the Court give parental responsibility to the Local Authority. It is then the Court’s decision where the child should live. But before the case reaches the Court, the child social worker should try to work with the family and escalate their concerns through a process known as Public Law Outline or pre-proceedings. During this stage, the social worker will usually send a letter outlining their concerns and views on the best solution for the child and how to avoid going to Court. 

Social services involvement does not mean social workers will arrange for a child to be taken away from their parents, as this is for the Court to decide. Instead, pre-proceedings give everyone the chance to try to come to an arrangement about child protection measures, which can be much simpler and allows people more of a say in the outcome. We always reassure our clients that, if the Local Authority have sent you a PLO letter, it usually means they still hope that they can work with you to make the situation better for your family without having to take you to Court. The right choices, and the right legal advice, may mean avoiding a Court case altogether.

We’ve represented mothers, fathers and wider family members with parental responsibility during these important meetings, making the child protection laws abundantly clear and protecting the interests that matter the most. 

Getting prepared 

Pre-proceedings follow a clear process, and we know the steps like the back of our hands. We can guide you throughout, making sure you’re prepared for every meeting, including how to handle assessments such as drug and alcohol testing, paternity testing and psychological reviews. It is crucial that you act in a sensible and calm way to achieve the best possible outcome, and we will give you clear guidance on what you should and, importantly, shouldn’t do. The PLO meetings themselves can be challenging for everyone, but we will be by your side to keep the discussions calm and focused on the outcome, helping you to feel confident throughout.

A wealth of expertise

Having a child taken into care is a serious situation. Social services involvement happens when there is a real concern about a child’s welfare and risk of harm, abuse or neglect. We have been involved in some of the most difficult cases, including cases involving child abuse, sexual abuse, domestic violence and drugs and alcohol misuse. There is nothing we haven’t seen, and we deal with these kinds of cases all the time. You can rely on us to listen to you, answer all your questions and give you clear steps to follow. 

Contact us

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Care proceedings

Anyone going through care proceedings knows how stressful and emotional they can be. That is why we’re here to give you straightforward legal advice, with sensible and clear steps to follow.

Whether you need to defend yourself from unfair allegations about your parenting, make fundamental changes in your life, or both at once, we will help you from start to finish to secure the best possible outcome when we represent you in court.

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Constructive, straight-talking legal advice

Deciding whether a child should be removed is a serious decision that has life-changing consequences for the child and their family. The 26 weeks you are given to form your case is a time to think sensibly and pragmatically, but we know that isn’t as simple as it sounds. We work closely with our clients, guiding you through the entire process and giving you clear steps to follow at every stage. 

For years, we’ve guided parents, family members, and guardians through the care proceedings process, helping them avoid pitfalls and find the path to success. With our broad experience in children’s law, we provide clear, straightforward advice on what to expect and why. Our balanced, sensitive approach has helped many navigate complex issues like abuse, substance misuse, mental health challenges, and violence. We understand your situation and know how to secure the best possible outcome. Our solicitors will give you the guidance and confidence you need in family court.

What are care proceedings?

Care proceedings is a legal process in the Children Act 1989 that takes place when a Local Authority’s children’s social care department asks the Court to decide whether a child should be removed and/or where a child should live. The result of the process varies enormously, from the permanent removal of a child into public care and placement of a child for adoption to a child remaining with or returning to their parents or family with support and monitoring – and everything in between. 

The entire process is designed to take 26 weeks and can involve a number of hearings. During this time, you and your solicitor will need to collect and review evidence about the situation. In some cases, an interim care order may be put in place, which means the child will be put into care on a temporary basis until the final hearing. Many cases begin with an Interim Care Order application, and you will have opportunity to contest it. On many occasions, we have helped clients successfully defend themselves from an application to remove their children, meaning they can continue to parent whilst the proceedings are ongoing. 

We’ve taken family members and Children’s Guardians through the care proceedings process hundreds of times, and we can help you too.

Getting the best possible result

The Court will decide which order to make based on what is in a child’s best interests. To come to a decision, the Court will consider a number of factors listed in the Children Act’s “Welfare Checklist”. It’s our job to listen to you and help you put forward a strong case for the result you believe is best for your child and why. There are several pitfalls to avoid during Care Proceedings, and we will be by your side to guide you throughout.  

Outcomes from Care Proceedings are decided based on the child’s welfare, not just what the parent or child wants to happen. This is difficult for any parent to come to terms with, and it can be upsetting for children too, but our dedicated legal advice can help you understand your options for the future. Our responsibility as your solicitors is to help you persuade the Court that your proposal is the best outcome for the child. 

If you are a parent in care proceedings, you will need straight-talking but sensitive legal representation to protect your interests. Sometimes, this will involve challenging serious allegations made against you, and sometimes it is about telling (and more importantly showing) the Court that whilst you have made mistakes in the past, you are well on the way to fixing them. Often, it is both. Defending and promoting your position requires expert legal representation to make sure the right evidence, in terms of assessments, reports and statements, are put together and presented to the Court during hearings in the most persuasive way.

Even in circumstances where your child may not be able to safely return home, a solicitor is important in making sure you can maintain a meaningful relationship with your child. It is also our role to ensure the Court makes the order on a fair factual basis and does not take the Local Authority’s view at face value.  

Contact us

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Acting for children’s guardians

Acting as Children’s Guardian for a child through the care proceedings process is a heavy responsibility. The solicitor you appoint should be somebody you can trust completely to help you to meet it. That is why you need an experienced solicitor who has dealt with the whole range of complex public family law litigation, to really get to the heart of the matter.

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Experienced child care solicitors you can trust

We’ve guided many families, children, professional guardians and special guardians through care proceedingsdischarging care orders and contact with children processes. Our extensive experience in this unique area of law means we can give you and the child clear guidance every step of the way. We’ve supported children and their Guardians through everything from sensitive and emotive chronic neglect cases, to complex multi-handed fact -finding cases that reach the High Court and beyond. Nothing phases us, and we’ll always be a sound legal adviser no matter the situation or how quickly you need us to represent the child.

Instructing us to represent the child means that both you, and the children whose interests you are tasked with promoting, will get an exceptional standard of legal advice and support. That is why we are always clear and straight-talking with our advice. We never talk in legal jargon and instead we explain things as often as needed. We’ll also be honest and practical, giving the child a realistic impression of how the next few weeks, months and even years could look. 

Our job is to help you get the best outcome for the child, and we do this by giving you the clarity you need to make recommendations that take everything facing a child into consideration. You will be supported in coming to conclusions the Court will respect, and you can have the confidence these will be communicated persuasively with the child firmly at the centre.

Separate representation

If a child disagrees with you, their Guardian, about where they should live or the way in which they have contact with their parents, we will make sure they are represented fairly. It is crucial they fully understand the implications of any decisions they make.

A solicitor’s role is to give them a clear picture of the future and the likely outcomes of their case, so they can think carefully about how they want to proceed. Our honesty-first approach means you can trust us to be crystal clear, but also wholly sensitive, with the child about their situation and how their decisions will affect them, so they can make well-informed, sensible decisions.

The whole range of litigation

Our solicitors represent parents, Guardians, family members and children in every conceivable public family law case, which gives us a rounded view of how each litigant thinks and what is likely to be in the mind of every party. This insight makes us reliable legal advisers to children themselves, and their Guardians, whether the application is care proceedings, applications to discharge a care order, or something else entirely. 

We have helped people in all kinds of circumstances many times. We understand where each party stands and will give you clear steps to follow to make sure the child’s wishes and welfare always come first.

Contact us

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Blaser Mills Law announces new Partner promotion

We are delighted to announce the promotion of Adam Smith to partnership in the firm.

Adam’s journey with Blaser Mills began in the Family & Divorce department as a trainee, where his passion for Childcare work flourished, which led him to undertaking a seat in the Child Care team with Partner and Head, Denise Herman. Since then, Adam has become an exceptional Childcare lawyer, renowned for his expertise and dedication.

Adam handles a caseload of Legal Aid Public Family Law cases, including Special Guardianship and Adoption. He ensures continuity of representation and often undertakes his own advocacy in Family Court.

He is known for his straight-talking yet sensitive legal advice, and the ability to manage emotionally challenging cases.

 A member of the Law Society’s Children Law Accreditation scheme, Adam has litigated up to the Court of Appeal and was shortlisted for Young Family Law Solicitor of the Year in 2022.

Denise Herman commented: ‘Adam is an excellent team-player, always providing support to his colleagues. He has shown himself to be a brilliant Court advocate and enthusiastically embraces innovation and technology. Above all, he genuinely cares about people – he never shies away from a challenge, and always wants to achieve the very best outcomes for his clients.’

Adam Smith added: ‘I am delighted and proud to have become a Partner at Blaser Mills, and grateful for the mentorship and support I have enjoyed here over many years. I look forward to taking care of my clients and continuing the extremely rewarding work I do, as a Partner, for many years to come.’

Congratulations Adam!

Adoption

If you’re worried that your child may be put up for adoption, having expert legal advice to call on is vital. In what is undoubtedly a distressing time, we will give you sensible guidance you can trust and steadfast legal support.

There are ways to change the outcome of care proceedings, and we will help you make sense of your options, so you know exactly what you need to do.

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Clear, practical guidance

When children’s services are considering putting your child forward for adoption, it is understandable to feel panicked. There is a chance you lose your relationship with your child altogether. However, we will work closely with you over the coming months to help you get the best possible outcome.

We’ve guided countless families through care and placement proceedings, which can involve applications for a child to be placed for adoption. Our job is to manage what is a stressful situation, and we do this by being honest and realistic so you can work towards building a better future.

We take a positive approach, focusing on realistic solutions, not false hope. We’ll work closely with you and be available to answer your questions whenever you need us.

What are birth parents’ rights?

Before a child is put forward for adoption, the court will want to check whether you, the birth parent, agrees to it. If you do not, then the Court will need to decide if the children’s welfare throughout their lives still requires them to be placed for adoption. The Court will use this basis to determine whether to make an order authorising the Local Authority to place a child for adoption, known as a Placement Order.

Most applications for a Placement Order take place when care proceedings are already going on. The process gives you the opportunity to try to prevent an adoption from happening, but it really helps to have adoption lawyers on your side to put forward the best case. By speaking to us early, our family law team can take you through the entire process. 

Legal aid to oppose the making of a placement order is available on a non-means and non-merits tested basis, whether or not the Placement Application is being made within Care Proceedings.

Stopping the adoption process

Once the Local Authority applies for a Placement Order, it is likely that you are already far along in care proceedings and that they have not gone well for your family. It is difficult, but not impossible, to persuade the Court to refuse the Placement Order application.

Even if the children cannot come home safely, the Court can be persuaded to make a different long-term decision (such as foster care, or care by a family member). If that happens, you may be able to get more contact to your children and the chance that one day they could return home if changes are made. 

Revoking (cancelling) a Placement Order

As long as your child is not placed for adoption already, if there has been a change in circumstances, parents can apply for the Court’s permission to revoke (cancel) the Placement Order. This prevents the Local Authority from trying to place your children for adoption. If a child is about to be placed, we can work extremely quickly to make your application before this happens.

Challenging a Final Adoption Application

In situations where a child has already been placed, and the prospective adopters have made their application for an Adoption Order, you will need the Court’s permission to oppose this application. Non-means and non-merits tested legal aid is available to seek the Court’s permission to challenge an adoption application and you should contact us for advice urgently if this is your situation.

Supporting you

These are always extremely difficult and emotional applications, where sensitivity and expertise is vital. There are circumstances when the Court will almost definitely come to a decision that goes against you. If this is the case for you, we can help you prepare for the outcome and understand your options.

Getting legal advice is essential, whatever your position in contested Adoption and Children Act proceedings, and you may be able to get legal aid to take care of the costs, often on a non-means-non-merits-tested basis. 

Adoption Law for adopters

If you are an adopter involved in a contested adoption case, whether that is a private arrangement or one through a Local Authority, you should contact us for support. The Local Authority may be able to fund some advice, if a birth parent has obtained the leave of the Court to oppose your application.  

Contact us

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

Denise Herman


Denise Herman is a Partner and Head of the Child Care and Legal Aid Children team.

She specialises in public law care proceedings, acting on behalf of parents and children, and has been involved in complex cases involving non-accidental injuries (NAI) to children, sex abuse, Münchausen Syndrome by Proxy, female genital mutilation, fabricated illness, neglect and all other complex areas. Denise has acted for many parents who have learning difficulties. She also acts for grandparents and extended families in connection with special guardianship matters. Denise advises on private law children matters, acting for both parents and extended family members as well as guardians.

She conducts her own advocacy at all levels, including the High Court. She has considerable experience with cases involving complex and conflicting medical evidence as well as cases involving a foreign/immigration element.

She has been a member of the Family Law panel since 1999. She has been a member of the Children panel (children representative) since 2001, and also BAAF and NAGALRO. Denise was awarded Super Lawyer status in both 2013 and 2014, and she continues to be one of the leading lawyers in her field of expertise.

Child care

Being involved in Court Proceedings relating to child protection can be deeply emotional and overwhelming, particularly when social services are involved. Whether you’re a parent, guardian or another family member, you need expert legal advice and representation.

Our Child Care team is here to support you through these challenges, ensuring you can make informed decisions that safeguard your child’s future with confidence. Our team includes three dedicated solicitors including two who are accredited under the Law Society’s Children Law Accreditation scheme (“Children Panel”).

For all child care related matters please don’t hesitate to call Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk for help. Alternatively, fill in our contact form.

About us

Our Child Care team specialises in handling all types of “public law” children’s matters, no matter how complex and sensitive. We have extensive experience dealing with cases involving non accidental injury, fabricated or induced illness, domestic violence, abuse, coercive control, mental health issues, learning difficulties and issues related to substance abuse.

Where legal aid funding is available, our firm accepts instructions in categories of public family law applications which other firms often turn away, including applications to Discharge Care Orders, Revoke Placement Orders and for Contact with Children in Care.

Our team can represent you in matters such as:

  • Care proceedings
  • Acting for children’s guardians
  • Child protection
  • Emergency protection
  • Special guardianship
  • Contact with children in care
  • Discharge of care orders
  • Adoption and placement applications
  • Public law outline (pre-proceedings process)
  • Secure accommodation orders
  • Deprivation of Liberty Safeguards (DOLS)
  • Legal aid

We are dedicated to offering you and your family the comprehensive legal support you deserve.

How we will support you

Our Child Care team offer practical guidance on your legal rights and those of the children involved.

Whether you’re navigating care proceedings, responding to an emergency protection order, wanting to reunite with a child who is in care or looking to increase the contact you have with them – we prioritise understanding your unique circumstances.

Once we understand the full picture, we’ll outline your options and carefully guide you through the steps needed to achieve the best outcome for you and your child. If you are eligible, we can also help you apply for legal aid which is often available in proceedings involving Local Authorities. Many applications are non-means- and non-merits-tested.

As well as knowing everything there is to know about Child Care legal processes, we’re also known for our personable service. We’ve received a lot of positive feedback from clients about their experience working with us. It’s testament to our hands-on approach and supportive nature. We’re only ever a phone call away and there is always someone to help, whether it is one of our solicitors or a barrister we work with closely.

Contact us

Call us today for advice from experienced child care lawyers. Get in touch with Denise Herman on 01923 725015 or email ChildCare@blasermills.co.uk. Alternatively, fill in our contact form.

Child Care team receives Competence Plus (2) award from the Legal Aid Agency

We are delighted to announce that our Child Care team has been awarded Competence Plus (2) recognition, in the family category, from the Legal Aid Agency Peer Review Report.

The team has been praised for its excellent communication, tailored advice, proactive approach, and ability to achieve great outcomes for its clients.

Denise Herman, Partner and Head of the Child Care team, commented: ‘This achievement is a testament to the dedication and hard work carried out by the Child Care team, who consistently go above and beyond to ensure the families we act for achieve the best possible outcomes during what can be a challenging time.

It reminds us of our ongoing commitment to making a positive impact in the lives of the families we assist’.

For further information or advice from the Child Care team please email enquiries@blasermills.co.uk.

Legal Aid widened to help more families in Complex Child Protection Proceedings

Adam Smith, Senior Associate, discusses the recent changes in non-means and non-merits tested Legal Aid Funding for Public Family Law (Child Care and Child Protection Proceedings).

Last month, the Legal Aid Agency has brought more people into scope of Legal Aid for the first time in a significant period – to cover respondents to freestanding applications for Placement Orders, and applications for final Adoption Orders.

It has always been the case that when a Local Authority Children (Social Services) Department brought an application for a Care or Supervision Order in respect of a child, that child’s parents and anybody with parental responsibility for the child would be entitled to non-means and non-merits tested Legal Aid.  However, this has now been extended to situations where:-

  • The parents are opposing the making of an order that their child should be ‘put up’ for adoption (applications for a Placement Order)
  • They are opposing (or seeking permission to oppose) the making of an Adoption Order itself, when an application is brought by the adoptive parents to make the adoption final. 

Often, Local Authorities applied for Placement Orders and Care Orders at the same time, so legal aid funding could cover both. However, the new funding will cover situations where a child that is already under a Care Order might have their Care Plan changed to become “adoption” later down the line.  It will also give parents one last opportunity to explain to the Court why their child should not be adopted at the point that the final adoption application is made.

This Legal Aid funding always used to be subject to a strict means and merits test but will now be available to anybody, on a non-means and non-merits tested basis.  In short, it does not matter how much money you have or how good or bad the case is, you should be able to get free legal representation if you oppose the application. 

There is a pending increase in Legal Aid funding concerning Special Guardianship as well as for parents who are trying to oppose the making of a Special Guardianship Order.  However, these changes will not come online until May.

If you would like to discuss whether your case may be eligible for non-means and non-merit tested Legal Aid, under the new rules or the old ones, then please do contact Adam Smith on ats@blasermills.co.uk, 01923 725013 to explore your options.

You can read the Legal Aid Agency update here.

Child Care team acts in reported case – Hertfordshire County Council-v- Mother & Ors

Blaser Mills Law Child Care team acts in reported case – Hertfordshire County Council-v- Mother & Ors

Denise Herman, Partner and Head of the Child Care team, acted for the successful father in a case where a child suffered serious head injuries, which were originally thought to be non-accidental.

The case involved complex medical evidence being substantially challenged at a fact-finding hearing lasting over a week. At the conclusion of the expert evidence, the Local Authority reconsidered their position and sought to withdraw their application. This was refused by the judge after hearing on behalf of the parents why they should be fully exonerated in respect of the allegations they faced. The Court had to evaluate the quality of the work of some of the experts, as well as whether their identities should be published. The Court found the child’s injuries were entirely accidental and completely exonerated both parents of causing their children any harm.

Blaser Mills Law instructed Sally Stone KC and Sue Quinn and worked closely with them to achieve this exceptional result for the Father.

Full details of the case can be found here:  https://www.judiciary.uk/judgments/hertfordshire-county-council-v-mother-ors-fact-finding/

Adam Smith shortlisted for Young Solicitor of the Year at the Family Law Awards 2022

We are delighted to announce that Adam Smith, Senior Associate in the Child Care department, has been shortlisted for the ‘Family Law Young Solicitor of the Year’ award at the Lexis Nexis Family Law Awards 2022.

The Family Law Awards brings the family law community together celebrating excellence, networking and recognising its vital contribution to society.  Now in its twelfth year, the Family Law Awards were launched in 2011 to recognise the important work of family lawyers, and celebrate their many successes and outstanding achievements.

Adam commented: “I was very honoured to have been shortlisted for this award. I am very pleased to be representing the position of young, legally aided public family lawyers in a field of extremely able solicitors from across family law disciplines”.

The winners will be announced on the 28 November at the Park Plaza Westminster Bridge in London.

Hannah Field

Hannah is a Solicitor in the Child Care and Legal Aid Children department, having completed her training contract and qualifying with Blaser Mills in 2023.

Hannah holds a caseload of Legal Aid Public Family law cases, representing parents and other family members in care proceedings and Public Law Outline meetings. She deals with associated work such as discharge of Care Orders, Special Guardianship and Adoption. She also undertakes her own advocacy in the Family Court.

Hannah provides legal advice that is easy to understand and compassionate. She has experience working with clients with complex and additional learning and other needs.

Adam T. Smith

Adam is a Partner in the Child Care and Legal Aid Children department.

Adam holds a caseload of Legal Aid Public Family Law cases, dealing with connected work such as Special Guardianship and Adoption. Adam provides clients with continuity of representation and regularly undertakes his own advocacy in the Family Court.

Adam prides himself on giving legal advice which is straight-talking, but sensitive. He enjoys protecting his client’s position and deals effectively with a variety of public family law cases in the most emotionally challenging and urgent circumstances. Adam has particular interest in cases where parents wish to have increased contact with children in Local Authority care, or parents who have made positive changes since a Care Order was made and wish for their children to come home.

Adam is a member of the Law Society’s Children Law Accreditation scheme, and is certified to accept instructions from Children’s Guardians and from Children directly.

Adam has acted for parents and joined parties in complex fact-finding cases, and has litigated at all levels up to and including the Court of Appeal.

Adam was shortlisted for Young Family Law Solicitor of the Year for 2022.

Recently published cases:

Re A and B [2019] EWFC B10– Adam represented his client at the final hearing and was successful in advancing his client’s position that his client’s children should remain together in foster care and the youngest should not be placed for adoption.

Re H-B-S (Children: Discharge of Interim Care Order) [2020] EWCA Civ 1027 – Acting as litigator, Adam was involved in this appeal representing the Mother, which concerned the correct legal test to apply on an application to discharge an Interim Care Order.

Re X, T, A, E and S (Children) [2020] EWCA Civ 1680 – Acting as litigator, Adam was involved in this appeal where his client, the Mother, successfully appealed part of the findings made against her in a contested fact-finding hearing in Family Court.