Contact with a Child in Care

It is often in the best interests of children subject to a Care Order to maintain reasonable contact with their birth families.


Under section 34(1) of the Children Act 1989 the Local Authority (i.e. Children’s Services) have a duty to promote reasonable contact with:

  • Parents,
  • Any guardian,
  • Any person who held a residence order or child arrangements order setting out with whom a child should live with,
  • Any person who had care of the child under Wardship immediately before the care order was made.


The Local Authority may refuse to allow contact that would otherwise be required under section 34(1) if they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare.


When the Court endorse final Care Orders for children a contact plan will have been agreed. If this agreement has changed it may be appropriate to seek legal advice. Here at Emery Johnson Astills we have a specialist care department who can support and advise you in relation to contact with a child in care. We will assess you for free legal advice through Legal Aid as in many cases, free legal aid can be obtained.


If this has happened to you, it could be that you feel over whelmed and are not sure of your legal rights to have contact with your children. Here at Emery Johnson Astills we can assist with this and liaise with the Local Authority specifically in relation to contact.


If Social Services are involved with your family or your contact with a child in care is not progressing and you would like to speak to one of our specialist solicitors within the care department at Emery Johnson Astills, please do not hesitate to call us on 0116 255 4855.