Care Proceedings Solicitors
If social services have concerns about your child’s welfare and care proceedings have been started, obtaining legal advice as early as possible is essential. Care proceedings can have a significant impact on your family and may ultimately determine where your child lives and who is responsible for their long-term care.
At HRS Family Law Solicitors, we provide specialist legal advice and representation to parents, grandparents and family members involved in care proceedings. We understand how stressful and emotional these situations can be and work closely with our clients to protect their rights while ensuring that the best interests of the child remain at the centre of the process.
Our experienced family law solicitors can represent you throughout every stage of care proceedings, from pre-proceedings meetings and Public Law Outline (PLO) processes through to final hearings in the Family Court.
What are care proceedings?
Care proceedings are court proceedings brought by a local authority when there are serious concerns about a child’s safety or welfare. The local authority may apply to the court if it believes a child has suffered, or is at risk of suffering, significant harm.
The court will carefully examine the evidence presented by the local authority, parents, family members and other professionals before deciding what arrangements are in the child’s best interests.
The purpose of care proceedings is not simply to remove children from their parents. The court’s primary focus is to determine the safest and most appropriate arrangements for the child’s future while considering whether support can be provided to enable children to remain within their family where possible.
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When Can Care Proceedings Be Started?
A local authority cannot simply start care proceedings because it disagrees with a parent’s lifestyle or parenting choices. The court must be satisfied that the legal threshold for intervention has been met.
Care proceedings may be considered where concerns exist regarding:
- Physical abuse
- Emotional abuse
- Sexual abuse
- Neglect
- Domestic abuse within the household
- Drug or alcohol misuse
- Serious mental health concerns affecting parenting capacity
- Chronic failure to meet a child’s educational or medical needs
- Unsafe living conditions
- Repeated safeguarding concerns
Every case is different, and the court will consider the specific circumstances and evidence before making any decisions.
The Pre-Proceedings Process
Before issuing care proceedings, local authorities will often invite parents to participate in the Public Law Outline (PLO) process.
The purpose of the PLO process is to give parents an opportunity to address concerns raised by social services before court proceedings become necessary.
You may receive a Letter Before Proceedings explaining the concerns and inviting you to attend a meeting with social services and your solicitor.
This stage is extremely important. Early legal advice can help you understand the concerns being raised, prepare for meetings and demonstrate the steps you are taking to address any issues.
Can Social Services Remove My Child?
Many parents facing care proceedings are understandably concerned about whether their child will be removed from their care.
Removal is one of the most serious decisions the court can make and will only occur where the court believes it is necessary to protect the child’s welfare.
The court will consider all available options, including:
- Support services for parents
- Supervision arrangements
- Placement with relatives
- Kinship care arrangements
- Special Guardianship Orders
Each case is assessed individually, and the court must ensure that any intervention is proportionate to the concerns identified.
Why choose HRS Family Law Solicitors?
HRS Family Law Solicitors are specialists in family law. We regularly advise clients dealing with social services and care proceedings. We understand the pressure families are under and the importance of acting quickly.
We offer straightforward advice, experienced court representation and a supportive approach. Whether you want to challenge the local authority’s evidence, work towards your child returning home or put forward a family member as a carer, we can help you understand the best way forward.
Understanding Care Proceedings Orders
Care Orders
Supervision Orders
Special Guardianship Orders
The Importance of Family Members in Care Proceedings
Legal Aid for Care Proceedings
Care Orders
A Care Order places a child in the care of the local authority until the age of 18 unless the order ends sooner.
Under a Care Order, the local authority shares parental responsibility and can make important decisions regarding the child’s upbringing, although parents generally retain parental responsibility as well.
The court will only make a Care Order where it believes this is necessary to safeguard and promote the child’s welfare.
Supervision Orders
In some cases, the court may decide that a Supervision Order is more appropriate than a Care Order.
A Supervision Order allows the child to remain living with their parent or carer while the local authority provides support, monitoring and assistance.
The aim is often to help families address concerns without removing the child from the family home.
Special Guardianship Orders
Where children cannot safely remain with their parents, family members may be considered as alternative carers.
A Special Guardianship Order may provide a long-term solution by granting enhanced parental responsibility to a grandparent, aunt, uncle or another suitable family member.
Special Guardianship Orders can provide children with stability while maintaining important family relationships.
The Importance of Family Members in Care Proceedings
The court and local authority will often consider whether suitable family members can care for a child before alternative arrangements are explored.
Grandparents and other relatives may be assessed as potential carers during proceedings.
If you are a family member concerned about a child involved in care proceedings, it is important to seek legal advice as soon as possible to understand your options and the assessment process.
Legal Aid for Care Proceedings
Parents involved in care proceedings are generally entitled to legal aid regardless of their income or financial circumstances.
This means you may be able to obtain specialist legal representation without having to pay privately for legal services.
Legal aid can cover advice, preparation of your case and representation at court hearings throughout the proceedings.
Obtaining legal advice at the earliest opportunity can make a significant difference to the outcome of your case.
Frequently Asked Questions
Care proceedings are generally expected to finish within 26 weeks. The court can extend this timetable if more time is needed to deal with important assessments or evidence.
A child can only be removed from a parent’s care during care proceedings if the court makes an order, unless there is police protection or voluntary agreement. You should seek urgent legal advice if removal is being discussed.
In most cases, parents involved in care proceedings are expected to attend court hearings unless advised otherwise by their solicitor.
Yes. If you are unhappy with your current representation, you may be able to change solicitors during the proceedings.
You should seek legal advice immediately. Early representation can help you understand the concerns raised and prepare for meetings with social services.
Yes. Parents can challenge the local authority’s evidence and ask the court not to make the orders requested. A solicitor can advise you on the strengths and weaknesses of your case.
Yes, in some cases. The court will consider whether the risks can be reduced and whether the child can safely return home with support or protective measures in place.
No. The issue of proceedings does not automatically result in removal. The court will consider all available options before making any decisions.
Yes. Grandparents and other relatives may be assessed as potential carers and can play an important role in proceedings.
Speak to a care proceedings solicitor
If you have been notified that care proceedings may be started or are already involved in proceedings, it is important to obtain specialist legal advice as soon as possible.
Contact HRS Family Law Solicitors today to discuss your situation with an experienced member of our family law team and receive clear advice about your rights and options.
