Challenging Allegations of Physical Harm: Child Returned to Parent’s Care

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Our client instructed Leonard Solicitors after a Local Authority applied for an interim care order that would have kept their child in local authority care. The application relied on serious concerns, including allegations of physical harm and neglect, which the parent challenged. Emilia Borys helped the parent respond to the evidence and present their position throughout the proceedings. The local authority was later granted permission to withdraw its application, allowing the child to return home under a Child in Need plan.

By the time our client instructed Emilia, the child had already been removed under an Emergency Protection Order. The local authority then sought an Interim Care Order, asking the court to keep the child in its care while concerns were investigated.

Those concerns extended beyond the alleged injuries. Questions were also raised about the child’s day-to-day care, the parent’s health, and the suitability of the home. The parent disputed the account being put forward and faced the prospect of a prolonged separation from the child while the proceedings continued.

The parent challenged the suggestion that the child had been harmed while in their care. Their account raised questions about when the alleged injuries may have occurred, including the fact that the child had not been in their sole care at the relevant time, and whether the evidence accurately reflected what had been observed.

They also explained that decisions about the child’s care had been based on professional advice. Concerns about the parent’s health were addressed through evidence of those conditions were being managed and the practical measures put in place at home. Previous visits by professionals had recorded no concerns about the care being provided or the suitability of the living environment.

Emilia helped organise this evidence into a clear response to the local authority’s case, ensuring that the parent’s account, the positive professional observations and the inconsistencies within the evidence were properly presented.

The local authority was granted permission to withdraw its application. The child returned to the parent’s care, bringing the court proceedings to an end.

The parent agreed to continue working with the local authority and to access any further support offered under a Child in Need plan. This allowed the family to move forward with support in place, without the child remaining in local authority care.

Care proceedings can move quickly and may involve serious allegations about a parent’s ability to care for their child. Every concern raised by the local authority should be examined carefully, and parents must have the opportunity to provide their account and supporting evidence.

Leonard Solicitors advises and represents parents throughout care proceedings. From initial PLO meetings through to court applications made by the local authority, we can protect your interests. If you’re facing issues with child social services, get in touch with our experience family team. Contact us to get started.

Emilia Borys has been working on matters involving care proceedings for ten years. She regularly supports parents involved in PLO matters and care proceedings, helping them understand the concerns raised by the local authority and present their position clearly. Her wider experience includes child arrangements and domestic abuse matters.

Emilia approaches each case with compassion, professionalism and practical advice, giving clients clear guidance during what can be an extremely difficult time. Find out more about Emilia Borys.