Children In Care

Parents and Care proceedings

If the Local Authority is concerned about the welfare of your child, they may decide to take steps to ensure your child's safety and protection. The Local Authority may have been told by a concerned professional or a member of the public that there might be a problem with your child. Clearly this can be an emotional and traumatic situation and we are able to assist you throughout the Local Authority's involvement.

If the Local Authority receives information that a child could be at risk then they have a duty to investigate the child's welfare. If you find yourself in this situation, then it is very important to co-operate with them.

Understandably people can become frightened and defensive when the Local Authority become involved, but do remember that the Local Authority has a duty to try to help you and your child. Often the first step they will take is to assess whether your child is in need by completing an Initial Assessment. If this is the case then the Local Authority must consider how they can help you and your child either by providing services themselves or by helping you to access other organisations. The Local Authority is under a duty to protect and help any child in the area in need, but is also under a duty to try to keep families together.

If the situation is more urgent then the Local Authority may take immediate action to investigate whether your child is suffering or likely to suffer significant harm. The Local Authority might ask that someone in your household leaves immediately, if they believe they are a risk to your child. They may even discuss with you whether you will agree to your child being looked after. If the situation is very urgent, then the Police may take your child into their protection, but this can only be for a maximum of three days. The Local Authority may also apply to the Court for an Emergency Protection Order if it believed your child is likely to suffer significant harm if he is not removed immediately from their current situation.

Ideally your situation will be resolved by the Local Authority providing services to you. This may be helping you if your child has special needs, providing home help or perhaps day care. If this is unsuccessful, then the Local Authority may hold a Child Protection Case Conference, which determines whether your child can be protected, without going to Court. You will be invited to this conference, as are all professionals and organisations involved with your child. It is important that you talk to your solicitor before you attend this conference.

Following this meeting, the Local Authority may issue Care Proceedings. You will be fully advised and guided by one of our experienced solicitors, should you find yourself in this situation. The Local Authority will write and tell you that this is what they intend to do and at this point you should arrange a meeting with your solicitor as soon as possible. If the Local Authority issue care proceedings regarding your child then you will always be eligible for legal aid, regardless of what savings or income you have.

When the Local Authority makes an application for a Care Order they must outline their plans for your child. This is called the Care Plan. This will identify your child's needs and contain proposals for your child's care including time scales. It will also include any services that are to be provided.

Try not to panic about the first hearing. There will be no final decision at this hearing, even if the Court does decide to make an Interim Care Order. An interim order is simply an order that isn't final and a Care Order is an order that places your child in the care of the local authority. This gives the Local Authority Parental Responsibility in respect of your child. To make a Care Order the Court must agree that your child is suffering or is likely to suffer significant harm caused either by the care given to your child or the fact that your child is out of your control. This is called the threshold criteria because this is the minimum test for making an Order. So even if the threshold is met, the Court may still not make a Care Order The Court has to consider your child's welfare above everything else and it may be that your child's welfare is best protected by making no order or a different order, such as a Residence Order.

At the first hearing a Guardian will be appointed to represent your child in the proceedings. If you are disputing what the Local Authority are saying then there will need to be further hearings and these will be arranged at this initial hearing. Generally the first hearing is used to determine how your case will progress. Although this is likely to be a difficult experience for you, it is important that you attend this hearing.

Following this first hearing there are likely to be further interim hearings to monitor how the case is progressing before the final hearing. Your solicitor will inform you about these and explain to you what is likely to happen and why they are taking place.

Whilst in the process of these proceedings a decision regarding your child's future will normally be made by the Judge within 40 weeks so there will not be a long delay before reaching the final hearing. We understand what a difficult and traumatic process this is and we will guide and support you throughout.