Care Proceedings Solicitors

If social services are involved with your child, getting legal advice quickly can make a critical difference. Care proceedings can move fast, and the decisions made may have long-term consequences for you and your family.

At Walker Family Law, our specialist children law solicitors provide clear, compassionate advice when you need it most. We understand how overwhelming this situation can feel and are here to guide you through every stage.

• Legal aid is usually available for parents and is often free
• We offer experienced solicitors specialising in children law
• We offer urgent support when you need immediate advice

What are Care Proceedings?

Care proceedings are court proceedings initiated by the local authority’s childrens’ services department in which an application for a Care Order or Supervision Order in relation to a child is made. These court cases are public law proceedings and are usually used as a last resort when initial efforts to improve a child’s welfare have failed or where there is a child protection emergency.

If childrens’ services believe a child is suffering or at risk of suffering significant harm, they can apply to the court for permission to take action to protect the child. Key points:

• Initiated by the local authority
• Focused on the child’s welfare and safety
• Decided in the Family Court
• Can result in court orders affecting where a child lives

Stages of Care Proceedings

Understanding the process can help you feel more prepared. While every case is different, most care proceedings follow a similar structure.

1. Application to Court

The local authority applies to the court for a care or supervision order.

Evidence is submitted outlining concerns.

Parents are formally notified and sent a copy of the application and accompanying papers.

2. First Hearing

This is the initial court hearing where urgent decisions may be made.

The court considers immediate risks.

Interim arrangements for the child may be discussed

Legal representatives are confirmed.

A court timetable is set.

3. Interim Care Orders

If necessary, the court can make temporary orders while the case continues.

The child may remain at home or be placed elsewhere, e.g. with family members or foster carers.

The local authority may share parental responsibility.

Regular reviews take place.

4. Case Management

The court manages how the case progresses.

Evidence is gathered from all parties.

Expert assessments may be ordered.

Hearings are scheduled to review progress.

5. Final Hearing

The court makes a final decision based on all available evidence.

The child’s welfare is the court’s paramount consideration.

Long-term arrangements for the child are decided.

Orders such as care or supervision orders may be made.

The case concludes.

Who is Involved in Care Proceedings?

The child’s parents and anyone else with parental responsibility for the child will be considered parties to the proceedings.  If you are a party, you have the right to attend each court hearing with your lawyer and have access to all reports and evidence relevant to the proceedings. 

Your child will be appointed a Guardian from CAFCASS who appoints a legal representative. The Guardian recommends what they think is in the child’s best interests in the case. Children can disagree with a Guardian and if they are considered competent, they can instruct their own legal representative.

Other people involved:

• Solicitors and barristers – provide legal advice and representation in court
• The judge or magistrates – make decisions based on written and oral evidence
• Experts (e.g. psychologists/drug and alcohol testers) – sometimes instructed to give additional guidance to the court and parties

Legal Aid for Care Proceedings

Legal aid is a crucial support for parents involved in care proceedings.

• Parents and those with parental responsibility automatically qualify for legal aid for care and supervision proceedings
• Representation is usually free of charge.
• There is no financial eligibility test.

This means you can access expert legal advice and representation without worrying about legal costs.

What Happens Before Care Proceedings?

Before court proceedings begin, the local authority may start a pre-proceedings process under the Public Law Outline (PLO).

What is a PLO?

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This stage is designed to address concerns and avoid court action if possible.

Key elements include:

Letter before proceedings – sets out concerns and invites you to a meeting.

This is a formal letter from childrens’ services explaining the concerns they have about your child’s welfare and warning that court proceedings may be started if changes are not made within a fixed period (usually 12-16 weeks).

PLO meeting – a formal meeting with social services to discuss next steps.

The meeting gives parents the opportunity to understand the concerns, discuss what support is available, and agree on steps to help keep the child safe.

Opportunity to work with professionals – to improve the situation and avoid court

Parents are encouraged to work openly with social workers and other professionals to show positive changes can be made without the need for court intervention.

It is important to seek legal advice as soon as you receive a letter before proceedings. Your legal representative will attend this meeting with you. You will get a special type of legal aid (called ‘legal help’) so you will not need to pay your legal representative for their work during the PLO process.

What court orders can be made at the end of Care Proceedings?

At the conclusion of care proceedings, the court will typically make an order that outlines the arrangements for the care and protection of the child(ren).

There are several types of orders that the court can make including:

Care Order

This gives the local authority parental responsibility for a child. The local authority will then have the power to make decisions about the child’s welfare and where they should live. A care order is made when the court believes that a child is at risk of significant harm or neglect and cannot remain at home. The order can last up until a child turns 18 unless the court decides to end it earlier.

Supervision Order

This means that the local authority is directed to advise, befriend and assist the child. The order is made when the court believes that the child needs extra support but does not require removal from their home. The local authority do not share parental responsibility under a supervision order. The order may set out certain conditions or requirements that the child or their parents must meet. A supervision order usually lasts for a period of 12 months, but this can be extended by the court.

Child Arrangements Order

This determines where and with whom a child should live, and how much time they spend with each parent. It can be made by the court as part of a divorce or separation agreement, or in cases where there are concerns about a child’s welfare. The order aims to promote the child’s welfare and ensure they maintain a positive relationship with both parents where possible.

Special Guardianship Order

This appoints a person, usually a family member but not the child’s parents, as a child’s “special guardian”. The order gives the special guardian enhanced parental responsibility for the child, which means they can make decisions about the child’s upbringing, education, and some medical treatment without having to consult the parents. Special guardianship orders are usually made when a child cannot live with their birth parents but there is someone in the family who can care for them instead, avoiding the need for foster care or adoption. The order lasts until a child turns 18, although it can be ended earlier by a court.

Placement Order

This authorises a local authority to place a child for adoption. The order is made when the court has concluded that the child cannot live with their birth parents, where there is nobody in the family who can offer substitute care, and the child is considered young enough to be able to attach to a new family. A placement order gives the local authority the power to search for an adoptive family for the child. If a family is found, the court may make an adoption order, which transfers parental responsibility to the adoptive parents, and ends the legal relationship between the child and the parents.

Why Choose Walker Family Law?

At Walker Family Law, we understand the extreme worry and anxiety that can be caused should you receive a call from social services. If you find yourself in this situation, it is crucial that you seek expert legal advice as soon as possible.

Walker Family Law specialises in only Family Law matters and our team have many years of experience with assisting families in need in the South West and further afield.

Our Care Team specialises in care proceedings cases and can help you navigate them with clarity and understanding. We regularly represent parents, children, and grandparents in court during care proceedings. Our Care Team are experts in child law; many are members of the Children Panel and are Resolution accredited.

Our Care Proceedings Team

Legal aid may be available to help you obtain representation in your children case. Our team is here to answer your questions and provide guidance on your options for legal support.