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Childcare blog

Nina Ellement is a former local authority solicitor, now part of Vincents’ specialist childcare team. Having worked on both sides of childcare cases, she tells us how parents can keep their families together.

The biggest reason for parents losing their children in care cases is not that they are neglectful, alcoholics or drug addicts.

The main reason they lose custody is because they don’t ‘get’ the process.

Most people don’t understand the system. That’s fair enough. But they also don’t realise that the system is actually set up to help them keep their children, as long as they get involved and engage with it. It just needs someone to navigate the process with them. The really good news is that it doesn’t cost a thing as it’s covered by Legal Aid.

I was a front line childcare solicitor for a St Helens Borough Council for 15 years, following which I was head of legal for Cumbria County Council. In that time, the majority of families who stayed together did so because they had legal support from the outset.

Without a lawyer on your side, it’s likely the system will feel overwhelming and you may feel backed into a corner, under fire from all sides. The result can be head-in-sand syndrome where proceedings happen around you and decisions are made without you even being involved, resulting in the loss of your children.

But it really doesn’t have to be that way. We know people can be sceptical about lawyers but we honestly play such an important role in these cases. Our help will be crucial in getting the outcome you want.

You can be reassured that we’re good at our job, not only because of our track record but also because we have to be vetted by the courts and given a Legal Aid contract for your area. We are also recommended by the councils themselves as they know how important it is for your family to have legal support from the very earliest stages. It may surprise you to know that they want families to stay together, they want parents to turn things around.

You can access Legal Aid from the moment you are made aware the council is considering pre-proceedings. You will have a social worker involved. You’ll receive a letter in the post and there will be a recommendation to seek legal support. Do it.

We will help you by ensuring that the procedures are being followed correctly and the council’s action is appropriate, and make sure you understand the legal process and how things are going to play out.

But we will also do so much more for you. We are your advocate and we will do whatever we can to help your family stay together. If that means having tough conversations with you, then that’s what we will do. If it means fighting for funding, that’s what we’ll do.

If you need drug and alcohol support – and completing a programme is what the council demands for you to keep your kids – we’ll help you access those services. If you need to attend parenting classes we’ll support you with finding them. We’ll help you do what is needed and gather the evidence to demonstrate you are making the improvements which are required.

I’ve worked on both sides of these cases and I can say, hand on heart, those who bring in a solicitor early have much better outcomes than those who don’t. Every case is different but one thing is always the same; parents love their children and those who show it, by doing what the courts demand, really can turn their lives around.

Vincents Solicitors has childcare Legal Aid contracts for Preston, Blackpool and Chorley. If you live in one of those areas and need help please call Nina today to see how she can help on 01772 348 913.