Care Proceedings

We can offer legal advice for proceedings issued by the Local Authority

Care Proceedings

Do you need help with care proceedings and don’t know who to turn to for help? We can help you. Our experienced solicitors have many years of experience in care cases.

If there are reasonable grounds to believe a child has suffered or is at risk of suffering significant harm as a result of the care given by a parent, the Local Authority can apply to the Court for a Care Order, which, if granted, would allow the Local Authority to share parental responsibility for the child or children. This could result in the child being placed with another family member, in foster care, or, in extreme circumstances, adopted. The Court will make final decisions concerning the child or children’s future within 6 months.

Any parent facing care proceedings should seek specialist legal advice early to ensure that the Local Authority can meet the threshold for a Care Order and, even more so, the high threshold to justify the removal of a child from their parent.

Care Proceeding Solicitors know only too well that, for those families involved in care proceedings, it can be a very confusing and stressful time, especially if you do not agree with the decisions that the Local Authority and the Court are making.

We help families through the care proceedings process and provide clear, comprehensive advice and specialist legal representation. Our experienced family law solicitors will explain what is happening every step of the way. We can also accompany you to meetings and provide the support you need at every stage.

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If you suddenly find that your child is being taken into care, we can help you understand what will happen next. We will explain how your child will be cared for and let you know what rights you and your child have.

Our people

Please contact us without delay to discuss your matter.

Image of solicitor Donald Roberts J W Hughes and co

Don Roberts

Consultant

Debra Carroll

Solicitor - Family Law

Anna Wilkes

Solicitor - Family Law

Non Anwyl Jones

Paralegal - Family Law & Criminal Defence

FAQ's

I have received a Pre-Proceedings letter what do I do?

If you receive a Pre-Proceedings letter (letter before proceedings) it is because the Local Authority is satisfied that there are reasonable grounds for believing your child or children has/have suffered or is/are at risk of suffering significant harm. The purpose of this meeting is to discuss their concerns and to outline the changes you need to make and how the Local Authority can help you make those changes. It is important to engage in this process as it is an opportunity to resolve the Local Authority's concerns before care proceedings may be issued.

Our solicitors can provide non-judgmental support and answer any questions you might have about what this means for you and your children.

What is a Supervision order?

A Supervision Order is a legal arrangement that grants a social worker the authority to monitor and oversee the care and well-being of a child or vulnerable individual. It typically arises in situations where there are concerns about the safety, welfare, or development of the person involved.

What is a Interim Care Order?

At the start of care proceedings, the Council asks the Family Court to make a temporary court order, called an ‘Interim Care Order’.

If the Court agrees, the Council can take the child into care on a temporary basis.

What are Care Proceedings?

The Council can start ‘Care Proceedings’ if they are very worried about a child.

They can apply for a ‘Care Order’, which means the Council will have parental responsibility for your child and can determine where your child can live.

They can apply for a ‘Placement Order’ as well if they believe that the child should be adopted. This allows the Council to place the child with suitable adopters.

My child has been taken into care what happens next?

It can take up to 26 weeks for a court to decide what should happen to the child/children. Some complex cases can take longer.

During this time a social worker, an officer from the Children and Family Court Advisory and Support Service (CAFCASS) and other people will be trying to understand the reasons why the child/children may be at risk. They will also look at what can be done to keep them safe.

They will talk to the parents and the child. They may talk to other family members or friends about looking after the child/children if they cannot safely live at home. The parents might also get support.

The social worker and CAFCASS officer will each write a report for the court. These will outline what they think should happen to the child/children. The Court may need expert medical, psychiatric or psychological evidence to help it decide whether a child has suffered significant harm and what sort of orders should be made.

They will include whether they think the child/children should be taken into care or stay with the family or be permanently removed from the family to foster care or adoption.

Once all the information has been gathered, there will be a court hearing.

Who are CAFCASS?

CAFCASS stands for the Children and Family Court Advisory and Support Service. CAFCASS assesses the welfare and well-being of children involved in legal proceedings. They advise the Court on matters related to child custody, visitation, and other family issues. CAFCASS operates independently from the Court and other agencies, ensuring impartiality in their assessments.

The social worker and CAFCASS officer will each write a report for the Court. These will outline what they think should happen to the child/children.

They will include whether they think the child/children should be taken into care or stay with the family or be permanently removed.