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Care Proceedings: A Guide for Parents & Carers

Care Proceedings: A Guide for Parents and Carers

When the Local Authority (also known as Social Services) becomes seriously concerned about a child’s safety or welfare, they may begin a legal process called care proceedings. This can be a frightening and confusing time for families, but understanding what is happening and what your rights are is the first step toward getting the support you need.

This article explains what care proceedings are, why they are initiated, what the process involves, and how you can get help. Knowing what to expect can empower you to navigate this challenging period and ensure your voice is heard.

What Are Care Proceedings?

Care proceedings are formal court hearings started by a Local Authority when it believes a child is suffering, or is at risk of suffering, significant harm. The purpose of these proceedings is to determine the best way to protect the child’s welfare.

To begin this process, the Local Authority must apply to the Family Court for a legal order under Section 31 of the Children Act 1989. The most common orders sought are a Care Order or a Supervision Order.

Why Might the Local Authority Start Care Proceedings?

The decision to go to court is never taken lightly. The Local Authority must have strong evidence that a child is at risk of significant harm. Common reasons for starting care proceedings include situations where:

• A child is being neglected or abused (physically, emotionally, or sexually).
• A child is living in a home where there is unmanaged domestic violence, substance misuse, or severe mental health issues.
• The parents or carers are considered unable or unwilling to protect the child from harm.
• A previous child in the family was removed due to serious safety concerns.

Unless the risk to the child is urgent, the Local Authority will usually try to work with the family first through a Pre-Proceedings (PLO) process to avoid court.

What are the Care Proceedings Timeline?

Care proceedings are handled in the Family Court and, by law, must usually be completed within 26 weeks (six months). This timeframe can be extended in particularly complex cases. Still, the court aims to provide a swift resolution for the sake of the child.

Here is a general outline of what happens during the care proceedings timeline:

1. Application and First Hearing (Case Management Hearing)

The process begins when the Local Authority submits its application and evidence to the court. This evidence typically includes a social worker’s statement, a threshold document (which outlines why the Local Authority believes the ‘significant harm’ test is met), and other initial assessments.

At the first hearing, the court will:

• Decide if a temporary order, such as an Interim Care Order or Interim Supervision Order, is needed to protect the child while proceedings continue.
• Appoint a Children’s Guardian from CAFCASS (Children and Family Court Advisory and Support Service) to independently represent the child’s interests.

2. Assessments

The court may order various expert assessments to gather more information. These can include:

• Parenting assessments are used to evaluate a parent’s capacity to care for the child safely.
• Assessments of relatives or family friends who have been proposed as alternative carers.
• Specialist assessments from psychologists, psychiatrists, or substance misuse experts.

3. Further Hearings

Throughout the 26 weeks, there may be several review hearings. These are used to monitor the progress of assessments, review evidence, and ensure the case is on track. During this time, your legal team can challenge the Local Authority’s evidence on your behalf.

4. Final Hearing

At the final hearing, all the evidence is presented. The judge will hear arguments from all parties—the Local Authority, the parents, and the Children’s Guardian—before making a final decision regarding the child’s future. The child’s welfare is the court’s paramount consideration.

What Orders Can the Court Make?

At the end of the proceedings, the judge can make several different orders:

• No Order: If the court feels the child is safe, it may decide that no order is necessary. The child can remain with their parents without further court involvement.
• Supervision Order: This allows the child to remain at home under the supervision of the Local Authority for a set period (usually up to one year). The family is expected to work with Social Services to improve the situation.
• A Care Order grants the Local Authority parental responsibility for the child. Which it shares with the parents. This means the Local Authority can make key decisions about the child’s care, including where they live. The child may be placed in foster care, with relatives, or in a residential home.
• Special Guardianship Order (SGO): This order gives long-term parental responsibility to another person, often a family member or carer, allowing the child to live with them permanently.
• Placement Order: If the court finds no safe, long-term option with parents or the extended family, it may grant a Placement Order gives the Local Authority permission to place a child with a family for adoption.

Do Parents Have Rights in Care Proceedings?

Yes. As a parent or carer, you have necessary legal rights, including:

• The right to legal representation. You are automatically entitled to non-means, non-merits tested Legal Aid for a care proceedings solicitor. This means that your legal advice is free, regardless of your income level.
• The right to see all the evidence the Local Authority has submitted to the court and to respond to it.
• The right to attend all court hearings and have your solicitor or barrister speak for you.
• The right to propose family members or friends as alternative carers for your child.
• The right to challenge the Local Authority’s decisions and, in some cases, appeal the court’s final order.

One of our clients shared their experience on Trustpilot:

“My solicitor Ross was the most compassionate, helpful, and reliable person. He was very understanding of what I wanted and what needed to be done to protect my child. I couldn’t have got it done without his help and that of his team… I highly recommend them if you’re in a situation where you need a family solicitors.”

What Should You Do if You’re Facing Care Proceedings?

If you are notified that the Local Authority is starting care proceedings, it is vital to act quickly.

1. Get legal advice immediately. As you are entitled to free legal representation through Legal Aid, contact a specialist care proceedings solicitor as soon as possible.
2. Engage with the process. It is crucial to attend all meetings and court hearings. Cooperate with professionals like social workers and the Children’s Guardian, and be as honest as possible.
3. Ask questions. If you do not understand something, ask your solicitor to explain it. Make sure you are clear about what is being asked of you.
4. Propose alternative carers. If there is a risk you cannot care for your child, think about trusted family or friends who could, and provide their details to your solicitor.

Your Expert Legal Support for Care Proceedings

Care proceedings are serious and can be life-changing, but their primary purpose is to ensure children are safe. The court will always explore whether a child can be cared for within their own family before deciding to remove them.

Having the right legal advice and support from the very beginning can make a significant difference. At CJCH Solicitors, our experienced Child Care team helps families across Cardiff, Barry, Bridgend, Blackwood, and Caerphilly. With our 4.8-star Trustpilot rating and decades of experience, we combine technical legal excellence with compassionate client care.

Contact our Child Care department today on 0333 231 6405 to schedule your consultation. Take the proactive step towards protecting your interests and securing your family’s future.