Care Proceedings – Step by Step Process

Care proceedings are court proceedings started by a local authority’s social services. They happen when there is suspected harm or a risk of harm to a child.

A care proceedings flow chart outlines the stages of the care proceedings, from initial concern to a final order. It helps guide decisions and provides a clear way to assess a child’s needs. This helps find the best outcome for their welfare. 

This step-by-step guide will help you understand the care proceedings timeline. It shows what to expect in many care proceeding cases.

Pre-Proceedings

Initial Social Services Contact

A social worker will likely get in touch if there is any indication of significant harm or risk of harm to a child. You should contact a care proceedings solicitor at the earliest stage possible.

Letter Before Proceedings

A letter before proceedings will be sent to the parents, outlining the concerns and potential for court intervention. This will initiate the care proceedings process. The letter will include:

·        The specific concerns the children’s services have.

·        Changes they would like the parent or carer to make.

·        Information about any assessments or courses children’s services think parents should be involved in.

·        Any support children’s services can put in place.

Invite the parent or carer to a meeting before the proceedings. Discuss the concerns with their solicitor.

At this stage you should seek representation from a care proceedings solicitor. A solicitor will review the letter with you and offer advice. The solicitor’s fees are covered by legal aid for this service.

Care Proceedings

Social services will instruct their lawyers to send an application to the court to apply for an order and this will start the court case.

Interim Care Order

If children’s services think a child needs to be taken from their parents, a social worker will request a temporary order from the court. This order is called an “interim care order.” This hearing will decide who the child will have contact with and who they will live with.

If the court agrees, children’s services can take the child into care on a temporary basis.

Case Management Hearing

The case management hearing is a court hearing where directions will be set as to how the case will progress. The Court provides clear case management directions. These will outline the main issues, review the evidence, and decide on the following:

Identifying the key issues is important. This includes understanding the facts that made the social worker concerned. We need to know if everyone agrees on these facts. If not, the court may need to hear evidence to decide.

·        Identifying the evidence necessary to enable the court to resolve the key issues

·        Deciding about what assessments there needs to be of the parents and other family members. This includes a care plan. So that the court can make final decisions about the children at the end of the case.

·        Setting the dates when evidence should be filed and when the case should be ready for a final decision to be made.

This is usually a short hearing. It will address procedural matters. These matters help prepare the case for a hearing where a final decision will be made. 

Issues Resolution Hearing

The purpose of this hearing is to see if the care proceedings can be concluded early. If this is not possible, the goal is to find and focus on the issues for the final hearing.

Final Hearing

If the child’s parents and social workers cannot agree on a plan, the case will go to a final hearing. The court will decide what is needed to protect the child. This could be a Care Order, a Supervision Order, or another type of order.

There are several possible final orders the court can make:

Care Order: local authority gain parental responsibility for the child and the child will likely live in foster care.

Supervision Order: The local authority can check the child’s needs. They also look at how well the parent or carers can meet those needs. This applies while the child lives at home or in another place.

Special Guardianship Order is a legal decision. It means a child or young person will live with someone else instead of their parents for a long time.

Placement Order: The Court permits the local authority to arrange for a child to be adopted. This can happen even if the parents do not agree.

Are you Eligible for Legal Aid?

Legal aid is available in many situations for friends and family when social care is involved with children.

On your initial contact, we can assess your circumstances and advise you as to your eligibility for legal aid. Our Children Law solicitors can provide advice and explain the Public Law Outline Process (PLO). They offer confidential legal help and can represent you in Care Proceedings at Court.

We can help you if you get a letter before proceedings. We can explain any concerns social services may have. We can also attend the PLO Meeting with you.

Request a call back below or call 0114 2496693 to book your appointment today. We will be happy to assess you and advise you on your eligibility for legal aid.