Receiving notice that a local authority has started care proceedings involving your child is one of the most distressing experiences a parent can face. Understanding the process, your rights, and what to expect can help you navigate this difficult time.
What Are Care Proceedings?
Care proceedings are legal proceedings brought by a local authority (council) when they believe a child is suffering, or is likely to suffer, significant harm. They are initiated under Section 31 of the Children Act 1989 and heard in the Family Court.
To proceed, the local authority must satisfy the court that the threshold criteria are met — essentially proving that the harm or risk of harm is linked to the standard of care the child is receiving, or that the child is beyond parental control.
What Triggers Care Proceedings?
Care proceedings are typically a last resort, after the local authority has already been involved with a family and voluntary support has not resolved their concerns. Common triggers include:
- Concerns about physical, emotional, or sexual abuse
- Evidence of neglect — such as inadequate supervision, nutrition, or medical care
- Referrals from schools, healthcare professionals, police, or other agencies
- A child being considered beyond parental control
- Situations where emergency protection has already been sought
The Care Proceedings Process
While every case is different, the general process follows these stages:
1. Application
The local authority applies to the Family Court for a care order or supervision order. Parents are notified and the court sets an initial hearing date.
2. Legal Representation
Parents are entitled to their own solicitor, and legal aid is available for care proceedings regardless of income. It is vital to instruct an experienced family law solicitor as early as possible.
3. Appointment of a Children’s Guardian
The court appoints an independent Children’s Guardian from Cafcass (Children and Family Court Advisory and Support Service) to represent the child’s best interests throughout the proceedings.
4. Assessments
The court may direct a range of assessments, including:
- Parenting assessments — evaluating your ability to meet the child’s needs
- Psychological or psychiatric assessments of parents or children
- Family and friends assessments — considering whether relatives or close friends could care for the child
- Drug and alcohol testing where substance misuse is a concern
5. Case Management Hearings
The court holds regular hearings to manage the case, set timelines, and review evidence. These ensure the proceedings stay on track.
6. Final Hearing
If the case is not resolved earlier, a final hearing takes place where the judge considers all the evidence and decides the outcome.
Possible Outcomes
The court has several options available:
- No order — the case is dismissed and the child remains with the parents
- Supervision order — the child stays at home but under local authority oversight, typically for 12 months
- Care order — the local authority shares parental responsibility; the child may be placed in foster care, with relatives, or in a residential setting
- Special guardianship order — a family member or other suitable person takes long-term legal responsibility for the child
- Placement order — if the court approves an adoption plan, this allows the child to be placed with prospective adopters
How Long Do Care Proceedings Take?
The Family Court aims to resolve care proceedings within 26 weeks (approximately six months). However, extensions can be granted in complex cases. The court balances the need for thorough assessment against the importance of reaching a timely decision for the child.
Your Rights as a Parent
Throughout care proceedings, you have important rights:
- The right to legal representation, funded by legal aid
- The right to contest the local authority’s case at every stage
- The right to participate in assessments and present your own evidence
- The right to have contact with your child during proceedings (subject to court directions)
- Even after a care order, the right to apply to the court to discharge the order if your circumstances change
Why Early Legal Advice Is Essential
Care proceedings are among the most serious matters in family law — the outcome can permanently change a family’s future. Having a solicitor who understands the process and can advocate effectively on your behalf from the very beginning is critical.
Early engagement allows your legal team to challenge the local authority’s evidence, ensure proper assessments are carried out, and present the strongest possible case on your behalf.
How Adel Jibs Solicitors Can Help
Our experienced family law team has represented parents throughout care proceedings at every level. We understand how overwhelming this process can be, and we are committed to providing clear, honest advice while fighting to protect your family.
If you are facing care proceedings or have been contacted by children’s services, do not delay — contact us today for urgent legal advice.
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