Care proceedings are Family Court proceedings started by a local authority when it has serious concerns about a child’s welfare and believes a court order may be necessary to protect them. Care proceedings solicitors represent and advise parents and other eligible family members throughout this process.
Receiving a letter from social services or discovering that a local authority intends to start care proceedings can be extremely worrying. The decisions made during these proceedings can affect where your child lives, who cares for them and the involvement social services have in your family’s life.
What Are Care Proceedings?
Care proceedings are legal proceedings in which a local authority asks the Family Court to make decisions about the care and protection of a child. A local authority may begin proceedings when it believes a child is suffering, or is likely to suffer, significant harm and considers that intervention by the court is required.
HRS Family Law Solicitors provides specialist advice across its family law services.
What Is the Threshold for Care Proceedings?
Before the court can make a Care Order or Supervision Order, the legal threshold under the Children Act 1989 must be satisfied. Broadly, the court must be satisfied that the child concerned is suffering, or is likely to suffer, significant harm and that the harm is attributable to the care being given to the child not being what it would be reasonable to expect a parent to provide, or the child being beyond parental control.
What Do Care Proceedings Solicitors Do?
Care proceedings solicitors advise and represent parents and families when social services take, or are considering taking, legal action concerning a child. They can explain the allegations, respond to the local authority, review evidence, attend hearings and represent a parent throughout the proceedings.
What Happens Before Care Proceedings Begin?
Court proceedings are not always the first stage. Social services may already have been involved with a family for some time before an application is made. In some cases, parents may receive a formal pre-proceedings letter inviting them to a meeting with the local authority. If you receive such a letter, seek legal advice promptly.
What Happens During Care Proceedings?
Once an application has been made, the Family Court will consider the local authority’s concerns and determine what arrangements are required while the case is ongoing. This can include considering whether an Interim Care Order is necessary. Evidence may include statements, social services records, assessments, medical evidence, expert evidence and information from other professionals.
Read HRS guidance on Interim Care Orders for further information.
How Long Do Care Proceedings Take?
Care proceedings in England and Wales are generally expected to conclude within 26 weeks, although a case can take longer where the court considers an extension necessary. Every case is different and additional assessments, expert evidence or complex issues can affect the timetable.
What Is an Interim Care Order?
An Interim Care Order is a temporary court order that can be made while care proceedings are continuing. It gives the local authority parental responsibility for the child. Parents do not automatically lose their parental responsibility, but the local authority shares parental responsibility and can make certain decisions about the child’s care.
What Can Happen at the End of Care Proceedings?
There is no single outcome to care proceedings. Depending on the evidence and circumstances, outcomes can include a child remaining with or returning to a parent, living with another family member, a Supervision Order, a Care Order or another order considered appropriate by the court.
Can I Get Legal Aid for Care Proceedings?
Parents involved in certain care proceedings can usually receive Legal Aid regardless of their income or savings. Eligibility depends on the nature of the proceedings and the person’s role in the case, so specialist advice should be sought.
Find out more about Legal Aid for family law matters.
When Should I Contact a Care Proceedings Solicitor?
You should seek legal advice as early as possible if social services have told you that they are considering court action, you receive a pre-proceedings letter or you are served with Family Court papers. You do not have to wait until the first court hearing.
Speak to Specialist Care Proceedings Solicitors
Care proceedings can involve difficult decisions about your child and your family’s future. Having specialist legal advice means you have someone who can explain the process, examine the evidence and ensure your position is properly represented.
Explore HRS Family Law Solicitors’ services or book an appointment to discuss your circumstances.
