Children’s legal matters are split into two types, public and private childcare law and understanding the difference is helpful when looking to ascertain what support you need. These areas of law govern how disputes and concerns about a child's welfare are handled, and knowing the difference can help you take the proper legal steps.

Understanding this division is crucial whether you are a parent, guardian, or family member.

Below are the key differences between private and public children's law matters, the legal issues they cover, and how childcare solicitors can assist you through these processes.

What is private childcare law?

Private children law deals with legal disputes between individuals, usually parents, relatives such as grandparents or guardians, over a child's upbringing and welfare. In these cases, social services are not involved unless concerns about the child's safety or welfare are raised during the proceedings.

Private children law matters include:

• Child arrangements orders determine where a child will live and how much time they will spend with each parent or guardian.
• Parental responsibility orders establish who has the legal right to make decisions about a child's care, education, and general welfare.
• Specific issue orders deal with specific questions about the child's upbringing, such as schooling, religious upbringing, or medical treatment.
• Prohibited steps orders prevent a parent or guardian from taking specific actions, such as removing the child from the country without permission.

Private children's law disputes are often the result of a separation or divorce when parents cannot agree on what the arrangements in respect of their children are going to be. The court's focus is always on the child's best interests, and our family lawyers play a vital role in representing the parties involved and advocating for a resolution that benefits the child.

What is public children law?

Public children's law applies when the local authority is concerned about a child's welfare. This allows social services to support parents in situations where a child may be at risk of harm, neglect, or abuse.

Key areas covered in public children's law include:

• Care orders allow the local authority to legally take responsibility for a child. Depending on the circumstances, this may involve placing the child in foster care or in a residential setting.
• Supervision orders place a child under the supervision of the local authority without sharing parental responsibility. The child remains in the care of the parents or guardian..
• Emergency protection orders are used when a child is in immediate danger, allowing the local authority to take temporary custody of the child.
• Adoption orders is when the court rules that a child cannot be safely returned to their birth family. An adoption order terminates the parental responsibility that the biological hold and the adoptive parents acquire parental responsibility.
• Public children's law cases are only initiated if the local authority believes that a child is at significant risk. These cases are emotional and are often distressing for those involved.

The differences between private and public children law

PUBLIC CHILD LAW

• The local authority will be involved
• Aimed at protecting children from harm
• Court proceedings brought about by the state

PRIVATE CHILD LAW

• The dispute is between parents or guardians of the child
• This is about parenting arrangements, such as how long parent's spend with the child
• Court proceedings are brought about by an individual, such as a parent

How do we help?

Childcare solicitors are essential in both private and public children's law cases. In private law cases, we help parents or guardians reach agreements about the care and upbringing of their children, advocating for the child's best interests. We guide clients through mediation and, if necessary, represent them in court.

In public law cases, we represent parents facing the possibility of their child being taken into care or already have had their child removed. We ensure you understand your rights and help you present your case effectively. We can also represent children, ensuring their views are heard.

Contact our childcare team

If you are involved in a childcare dispute or facing involvement in your child’s life from the local authority, we can provide expert legal advice and representation.

With years of experience in private and public children's law matters, we’ll guide you through the legal process, ensuring your rights—and your child's best interests—are protected. Call Switalskis on 0800 138 0458 or email help@switalskis.com.

  We have offices across Yorkshire, including Leeds, Wakefield, Bradford, and Sheffield. We also have Urdu and Gujarati speaking solicitors.