Care proceedings are court proceedings initiated by the local authority’s children’s 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 court cases and are usually used as a last resort when initial efforts to improve a child’s welfare have failed.
If children’s 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.
The local authority must prove that harm to the child meets ‘threshold criteria’ set out in the Children Act 1989. They may believe that the child is not being looked after adequately, or that the parents are unable to control the child.
In emergency situations, the police can use Police Protection powers (sometimes referred to as a Police Protection Order) to remove children from the care of their parents for up to 72 hours. Aside from this, the removal of a child from the care of its parents must be approved by court.
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 and have access to all reports and evidence relevant to the proceedings.
The child will be appointed a legal representative and Guardian from CAFCASS. 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 competent enough, they can instruct their own legal representative.
A case must be concluded without delay and in any event within 26 weeks, beginning with the day on which the application was issued. Some complex cases can take longer. During this time there will be an investigation and assessments to understand the reasons why the child may be at risk and what can be done to keep them safe.
If the children’s services believe the child should be removed from the care of the parents before the final hearing, they will apply to the court for a temporary order known as an ‘Interim Care Order’. This can last up to 8 weeks at first. The children’s services will need to set out in their care plan, with whom the child should live with and who will have contact with the child until the final hearing. The child will go back home if the judge decides that they’re safe. If not, the local authority will find them a new home. That may be with:
If social services want to remove a child at the start of the case and the parents do not agree, the court will hold a hearing where it can decide whether this should happen. Typically, this might take a whole day and the court will hear some evidence from the social worker, guardian and the parents, but the exact length and format will depend on the circumstances.
Case Management Hearings are where directions will be set as to how the case will progress including identifying the key issues and the evidence necessary to enable the court to resolve the key issues. The primary objective is to obtain evidence and collect statements and opinions from all the key individuals, e.g. the parties, GPs, teachers, and psychologists. These are generally short hearings which will resolve procedural matters, allowing the case to be ready for a final hearing.
At an Issues Resolution Hearing the court will consider whether the proceedings can be concluded early, typically when all parties agree on the child’s living arrangements and contact arrangements. If this is not possible, the purpose of this hearing is to identify and narrow the issues for determination at a final hearing.
A final hearing is where a final decision is made regarding who a child should live with and contact arrangements for the parents. The court will decide what order is needed to protect the child’s welfare from the following list:
At the conclusion of care proceedings, the court will typically issue 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:
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.
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 across the Southwest. Our Care Team are experts in child law; are members of the Children Panel and are Resolution accredited.
Our aim is to reduce the strain on you and your family by providing dedicated, compassionate legal support. We will make sure that you get a fair hearing, and we always endeavour to reach a child-focused outcome. Our team understands the emotional toll that these situations can have on families, and we are here to provide direct support and guidance every step of the way.
Contact the team today to arrange a consultation.
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.
Whether you have been invited to a Public Law Outline (PLO) meeting or are facing care proceedings, our expert team of lawyers will provide you with straightforward, practical advice. We will ensure that you receive a fair hearing, and we will endeavour to reach a child-focused outcome.
