What Are Care Proceedings?

Care proceedings are a type of court proceedings that are instigated by a local authority’s social service department. If social services have reached out to you about your child, it’s normal to feel upset. You may want to know your rights.

As a parent, it is important to know that if the local authority starts care proceedings, you can get free legal advice. You can also receive free representation during your case, no matter your financial situation.

This guide will help you understand care proceedings. It will explain your responsibilities if social services contact you. It will also outline the care proceedings process.

What are care proceedings?

Care proceedings are court proceedings issued by the children’s/social services department of the local authority. To start the process, the local authority will apply to protect a child from harm. This is usually an application for a Care Order or Supervision Order; these are known as care proceedings.

Why would social services start care proceedings? 

If children’s services think a child may be in serious danger, they can ask the court for permission to help. A social worker can ask the court to remove a child from a parent’s care. They do this if they think the child cannot stay safely at home.

What do I do if social services have contacted me?

In the early stages, before care proceedings start, social services will contact you. They may explain their concerns about a child’s safety.

At this stage we strongly suggest you contact a children law solicitor. Not all solicitors will want to give advice at this stage. Legal aid is only available after care proceedings start.

Howells Solicitors are here to help you. You can reach out to us anytime. We assist with any social services involvement, not just during care proceedings.

Contact us or call 0114 2496693 to book a free appointment today. We will happily assess you and advise you on your eligibility for legal aid.

What do I do if I have received a ‘letter before proceedings’?

To start the pre-proceedings process, children’s services need to send a ‘letter before proceedings.’ This letter goes to the child’s parents or anyone who has parental responsibility.

The letter will include:

·        The 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 pre-proceeding meeting with the parents solicitor to discuss those concerns.

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.

Learn more about the care proceedings flow chart.

What is a pre-proceedings meeting?

A pre-proceedings meeting is an important part of the care proceedings. This meeting is a final attempt in preventing the matter going to court.

The parents, children’s services, and your solicitor will attend the meeting. We will make it clear to the parents what we expect from them to reduce the concerns held by social services. The purpose of the pre-proceedings meeting is to agree a plan.

The pre-proceedings meeting should achieve the following:

·        Clearly set out for the parent’s what concerns children’s services have.

·        Make clear what changes children’s services would like the parents to make.

·        Identify and put in place extra help and services needed to support the family.

·        Assess and review the needs of the child and family.

·        Explore what help and support wider family and friends can provide.

The plan agreed at this meeting should address the concerns children’s services have and aim to avoid the need to start care proceedings

If this meeting does not address the concerns about children’s services, they may decide to start court proceedings. They could ask the court to make an order for the children.

How much will care proceedings cost me?

Legal aid is available for parents and carers in care proceedings. It is also available for parents who need advice before starting proceedings.

This aid does not require a means test or merit test. We recommend that you get legal advice and help before things escalate. This is important when social services first reach out.

Contact us or call 0114 2496693 to book a free appointment today. We will happily assess you and advise you on your eligibility for legal aid.

What happens at court?

At the beginning of the court process, social services may ask the family court for a temporary order. They do this if they are concerned about your children. If the court agrees, children’s services can take your child into temporary foster care. They can also place your child with a family member.

Over the following months after the first hearing, social workers and other professionals will assess you and your children. They will make suggestions to the court about the best outcome for your child in the long term.

The court will then hear these final suggestions. They will decide what orders, if any, should be made. They will also determine where the children should live and what contact they should have with family members.

What potential decisions can the court make at a care proceedings hearing?

The final decisions that are made in care proceedings are the following:

Care Order – this order gives the local authority parental responsibility for your children. This usually means your children will stay with the Local Authority until they turn 18. This is true unless the Order ends before that date.

Supervision Order – This order does not give the local authority parental responsibility for your children. It also does not allow them to decide if your child should live in foster care or with another family member or friend. The local authority will supervise the care you provide for your children while the order is in effect.

Child Arrangements Order – this order says where a child will live. It can be with a family member or a friend. It also explains how the child will contact other family members.

A Special Guardianship Order means your children will live with another person, like a family member. This order is harder for a parent to use for discharge than a Child Arrangement Order. A Special Guardianship Order is a more permanent arrangement.

Placement Order – this order gives the local authority permission to place your children for adoption.

Your solicitor will discuss each potential option with you and advise you every step of the way.

Learn more about the care proceedings flow chart.

What happens If I do not agree with the local authority’s care plan

Sometimes families do not agree with the final decisions made by judges at the end of care cases. If this happens then it is best that you talk to a solicitor for advice.

Do I need a solicitor to deal with care proceedings?

You have the right to free legal advice and help during all stages of the pre-proceedings process, also called the PLO process. A care proceedings solicitor will support you by:

·        Meeting with you when social services approach you.

·        Going through the pre-proceedings letter with you.

·        Fully explaining the concerns, the children’s services have and giving you advice.

·        Meeting with you before the pre-proceedings meeting.

·        Explaining the assessments and support that children’s services are proposing.

·        Speaking with the solicitor for children’s services and raise any queries.

·        Attending the pre-proceedings meeting with you.

·        As assessments are ongoing, discussing any concerns or questions about the process you have.

Contact us or call 0114 2496693 to book a free appointment today. We will happily assess you and advise you on your eligibility for legal aid.

How can a care proceedings solicitor help?

Our care proceedings solicitor can help you and your family with any issues related to children’s law, such as:

·        Where children may have suffered sexual abuse, physical or emotional harm

·        When Social Services raise concerns about a child’s safety

·        When a child is at risk of being taken into care

·        Where family members wish to care for a child who is at risk of being taken or has been taken into care

·        When a Local Authority seeks an Emergency Protection Order

·        Cases surrounding non-accidental injuries 

·        With other aspects of social care involvement with children, including pre-proceedings (PLO) meetings, case conferences, child assessment orders and child protection reviews.

·        When parents wish to have contact with children in care.

·        Where parents seek the return of a child in care and the discharging of care orders.

·        Where parenting is compromised through addiction, mental health issues or learning disabilities.

·        Where children have special needs.

If you would like to speak to a care proceedings solicitor or book an appointment, please contact us on 0114 2496693

Am i 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 care proceedings solicitor can provide advice and explain the Public Law Outline Process (PLO). They offer confidential legal advice 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.

Contact us 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.