Grandparents’ Rights When Social Services Are Involved
If Social Services become involved with your grandchildren, it can be an overwhelming and...- 17 July 2026
Posted: 17 July 2026
If Social Services become involved with your grandchildren, it can be an overwhelming and emotional time. Many grandparents are unsure about their legal rights and whether they can step in to care for their grandchild.
Unless you have Parental Responsibility through a Child Arrangements Order or Special Guardianship Order, you will not automatically be involved in care proceedings concerning your grandchild. This often means grandparents receive little information about why Social Services have become involved or what happens next.
This guide explains grandparents’ rights when Social Services are involved, how you may be considered as a family carer, what an Initial Viability Assessment (IVA) involves, and the legal options available if you wish to care for your grandchild.
When Social Services (also known as the Local Authority) believe a child cannot safely remain with their parents, they must first consider whether the child can live with another family member before long-term foster care is considered.
This wider family network may include:
If you wish to care for your grandchild, tell the child’s social worker as soon as possible.
A Family Network Meeting or Family Group Conference should be arranged to explore whether family members can provide care and what support may be available. This is your opportunity to explain why you believe you can care for your grandchild.
Once you have informed Social Services that you wish to care for your grandchild, they will usually carry out an Initial Viability Assessment (IVA).
This assessment considers whether you may be a suitable person to care for your grandchild and typically includes:
It is important to engage fully with the assessment process and provide honest, detailed information wherever possible.
If Social Services refuse to complete an Initial Viability Assessment, you may be able to apply to the Court for an Order requiring an assessment to take place.
Because strict timescales often apply, it is important to seek specialist legal advice as soon as possible.
Receiving a negative Initial Viability Assessment does not necessarily mean the process is over.
You may be able to challenge the assessment by making an application to the Court. These applications often need to be made within seven days of the decision, so obtaining legal advice quickly is essential.
Our specialist Children’s Law solicitors can advise you throughout this process. In some circumstances, Legal Aid may also be available.
A positive Initial Viability Assessment will usually lead to a Full Connected Persons Assessment, sometimes referred to as a Kinship Assessment.
This more detailed assessment considers whether you can provide long-term care for your grandchild.
Passing an assessment does not automatically mean your grandchild will move in with you immediately. Care proceedings will continue, and the Court will consider all the evidence before deciding what arrangement is in the child’s best interests.
Other assessments may also be completed during this time, including parenting assessments of the child’s parents.
If you receive a negative Connected Persons Assessment, you will usually have between seven and fourteen days to challenge the decision.
Seeking specialist legal advice as early as possible can significantly improve your chances of successfully challenging an assessment.
If you are not eligible for Legal Aid, we can still provide clear, cost-effective legal advice tailored to your circumstances.
If the assessment is successful, your grandchild may be placed with you as part of a family placement.
Several different Court Orders may be considered, including:
The most appropriate Order will depend on your family’s individual circumstances, your finances and, most importantly, what is in your grandchild’s best interests.
A Special Guardianship Order is often the preferred long-term option where parents are unable to provide safe and appropriate care. It gives grandparents enhanced Parental Responsibility, allowing them to make important decisions about the child’s upbringing while providing greater stability.
Even if your grandchild is not placed in your care, maintaining a relationship may still be extremely important.
The Court and Social Services recognise that grandparents often provide children with:
Where appropriate, ongoing contact with grandparents may continue throughout care proceedings or after a child has been placed in foster care.
Grandparents do not automatically have Parental Responsibility or a right to be involved in care proceedings. However, Social Services should consider suitable family members who may be able to care for a child before long-term foster care is considered.
Potentially. If you are assessed as a suitable family carer, the Court may decide that your grandchild should be placed with you rather than remaining in foster care.
Yes. Depending on the circumstances, you may be able to challenge both an Initial Viability Assessment and a Connected Persons Assessment. Time limits can be very short, so early legal advice is essential.
If Social Services are involved with your grandchildren and you are unsure about your rights, obtaining specialist legal advice as early as possible can make a significant difference.
Whether you want to care for your grandchild, challenge a negative assessment or simply understand the legal process, our experienced Children’s Law solicitors are here to support you.
Contact our specialist Children Law team on 01245 493959 or email us to discuss your circumstances in confidence.
- 17 July 2026
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