Children’s Services must first make an application asking the Court to look into your child’s case.
The application will be supported by a statement and reports detailing their concerns. If you have Parental Responsibility for the child you are considered a party to the proceedings and will receive copies of all paperwork
If children’s services believe that your child needs to be removed from your care, they will ask the Court for an Emergency Protection Order or an Interim Care Order and will prepare document called a Care Plan setting out where they think the child should live.
There may be an emergency first hearing or proceedings will be issued on a more planned basis requesting a Case Management Hearing. This hearing usually takes place withing twelve days of the application being made.
The next hearing will be an Issues Resolution Hearing where matters including the child’s living arrangements and contact can be agreed/discussed by all parties involved. If an agreement can be reached there will be no need for a Final Hearing and proceedings could end here. If an agreement cannot be reached, then a final hearing will take place.
Your will be asked to provide a written statement for the Court before the Issue Resolution Hearing.
‘Having a Solicitor with expertise in Care Proceedings can be vital to the success of your case’
The tpyes of Court Order that can be made at the conclusion of the Care Proceedings include a Care Order , a Supervision Order, Child Arrangements Order, Special Guardianship Order, Placement Order.
Care Order
A full Care Order grants the Local Authority long term, Parental Responsibility often until the child reaches the age of 18. The child could be placed in foster care under a Care Order or in exceptional circumstances, remain living with you under a Care Order.
Supervision Order
A supervision order, allows children’s services to appoint a ‘supervisor’ (usually a social worker) who will ‘advise, befriend and assist’ the supervised child. The order can last for one year and may be extended yearly for a total of three years. To make a supervision order, the court must be satisfied that the child is at risk of significant harm.
Child Arrangements Order
Child Arrangements Orders can specify various aspects of a child’s care and upbringing, ranging from whom the child will live with to the arrangements for spending time with a non-resident parent. These orders are flexible and can be tailored to fit the needs of the child and the specifics of the family situation.
Special Guardianship Order
If a friend or family member has put themselves forward to care for your child, a Special Guardianship Order could be granted. This type of order is specifically for close family members or friends taking on the permanent care of a child within the family. They are permanent orders and apply to the child until she/he reaches the age of 18. The parents retain their parental responsibility and maintain a relationship with the child through contact arrangements. It will be the Special Guardian who has overarching responsibility for the wellbeing of the child and who takes on their day-today care.
Placement Order
A Placement Order is an Order that is made allowing the Local Authority to ‘place’ a child for adoption. It is an Order that is made where there is no other option for the child. When a Placement Order is made, searches are made for an appropriate adoptive placement, and the child will be placed with the prospective adopters. Those prospective adopters can then apply for an adoption order after the child has been with them for ten weeks or more.
