If you have been told your case is “private law” or “public law”, it can feel like the court is speaking a different language.
The labels sound technical, yet they describe two very different routes through the Family Court in England and Wales. Understanding which route applies helps you set realistic expectations about who is involved, what the court can do, and what happens next.
Hannah Williams, Associate Solicitor in Bromleys’ Care Proceedings & Children Services Team, breaks down the key differences in clear, straightforward terms, focusing on what parents and carers need to know.
What does it mean when a case is between family members themselves?
Sometimes parents simply cannot agree on practical arrangements for their children after a separation.
You might both want the best for your child, yet disagree on where your child will live, how often they should see each parent, or how big decisions should be made. When families cannot sort this out alone, the court may step in to help everyone find a safe and workable plan.
In these cases, the court is not judging who is a “better” parent. The focus is on helping the family move forward and find a way of parenting that puts the child’s wellbeing first.
These cases normally involve:
- Parents or carers
- Sometimes wider family members
- Often someone from Cafcass, the independent organisation that ensures the child’s voice is heard and provides the court with guidance on what arrangements are in their best interests.
The aim is to understand what life looks like for the child and what arrangements will meet their day‑to‑day needs. These cases are what are referred to as being “private law”.
What does it mean when the local authority becomes involved?
There are times when concerns are raised about a child’s safety or wellbeing. When this happens, the local council’s children’s services team may investigate. If they believe a child is at significant risk of harm they may make an application to court to help them protect the child.
These situations are very different from disagreements between parents. These cases are what are referred to as being “public law”.
Instead of helping family members resolve a dispute, the court is being asked to look at whether the local authority needs to share parental responsibility, what support the family might need, and where the child should live while everything is being assessed.
These cases can feel frightening for families, and things often move quickly.
When the council becomes involved:
- The child is automatically given their own independent representative, known as a Children’s Guardian, who is there solely to promote the child’s best interests. They come from Cafcass and are not part of the council.
- The Guardian works with an independent solicitor for the child and helps the court understand the child’s experiences, wishes, and needs. They may speak to the child, family members, teachers, and other professionals involved.
These cases also follow a clear structure designed to avoid unnecessary delay. The court works to a specific timetable so decisions affecting a child’s safety are not left hanging for long periods.
Why do these two types of cases exist?
Although both types of case happen in the Family Court, they deal with very different problems.
When adults disagree, the court steps in to help them find a safe and child‑focused solution that they have not been able to reach on their own.
When the local authority is worried about a child’s safety, the court steps in to examine those concerns, understand what is happening, and, if necessary, put protective measures in place.
These are separate processes because they deal with different questions:
- “What is the best plan for our child after we’ve separated?”
- “Is this child safe, and what needs to happen to protect them?”
Keeping the two routes separate helps the court focus on the right issues at the right time.
Who gets involved in each type of case?
The people involved will depend on the type of case:
When families are in disagreement
- Parents or carers
- Sometimes grandparents or other relatives
- Someone from Cafcass may speak to the family to understand the child’s needs and gather early safety information for the court
The aim is to help the family focus on long‑term, steady arrangements that support the child’s life at home, at school, and within their wider family.
When the local authority has concerns
- Parents
- Social workers
- The child’s independent Guardian
All parties will have legal representation as parents and children are automatically entitled to legal aid to be able to instruct a solicitor.
These cases can also involve doctors, teachers, health visitors or other professionals too, depending on what the child needs and what questions the court must consider.
How does the court decide what is best for the child?
Whether it is a disagreement between parents or a case brought by the local authority, the court always comes back to one central question: what outcome is best for this child’s welfare?
To answer that, the court looks at several key areas, including:
- What the child says they want (depending on age and understanding)
- Their emotional and practical needs
- How changes might affect them
- Any history of harm or risk
- How well each adult involved can meet their needs
- What options the court actually has to help the child going forward
This is a balanced, thoughtful process. No single factor outweighs everything else. Judges consider the whole picture.
Can a case move from one type to the other?
Sometimes life doesn’t fit neatly into boxes.
A case may begin as a disagreement between parents but later raise concerns that require the local authority to get involved. The opposite can also happen when a child’s situation improves, and parental arrangements become the focus again.
What should you do if you’re facing either type of case?
Reaching out early for advice can make an enormous difference. Whether you’re struggling to agree arrangements with a co‑parent or you’ve been contacted by the local authority about your child’s safety, clear guidance can help you understand what lies ahead, what information you’ll need, and what choices you might have.
If the local authority has sent you a formal letter saying they are worried about your child, or if court proceedings have already begun, it’s especially important to get support straight away because these cases work to tight deadlines.
At Bromleys, we know how stressful and emotional these moments can be. We take a calm, steady approach, giving you the space to talk everything through while helping you understand your options clearly. If you’re unsure which route your situation falls into, or you simply want to get a sense of what to expect, we’re here to help you find your next step with confidence. Call us on 0161 330 6821 or email bromleys@bromleys.co.uk to see how our specialist team can support you.