The Process of Care Proceedings

Care Proceedings begin when a Local Authority believe that a child (or children) has suffered or may be at risk of harm. The Local Authority will ask the Court to look at the child’s family life and overall situation and decide if the Local Authority should be granted a legal order to intervene and keep the children safe.

Care Proceedings and Legal Aid

Once Care Proceedings are issued, the parent or guardians of the children involved are entitled to non-means assessed Legal Aid, as long as, they have parental responsibility. Meaning, that regardless of a person’s income, they are eligible. Legal Aid in a Care Proceedings case is also non-merits assessed which means that your prospects of success are not considered in the claim. In short, when Care Proceedings are in place, legal aid is automatic.

However, it is not the same, if you are a respondent or intervener without parental responsibility (such as a grandparent caring for a child without parental responsibility). Here, legal aid will be subject to a means and merits assessment.  This means that the Legal Aid Agency will consider the respondent’s income and prospects of success. Legal aid is therefore not guaranteed or automatic.  If legal aid is granted, it will be subject to review so if circumstances change (whether that be financially or prospects of success) a respondent’s legal aid could be withdrawn.

How do Care Proceedings begin?

A child (or children) would be initially assigned a Social Worker. Children can be referred to Social Care Services for various reasons, including abuse, neglect, family dysfunction and disability or illness. Referrals can be made by several sources, such as the police, schools or health services. If Children’s Services felt that there was an imminent risk to a child, they would seek to begin Court proceedings immediately. However, Children’s Services more often than not, try to work with a family to avoid going to Court. If Children’s Services had information that gave them cause to worry, then they would usually work through all of the following steps before issuing Court proceedings, this is called a Public Law Outline Process (PLO Process).

PLO process

If a Local Authority wishes to initiate the PLO process, they provide the parents with a letter entitled “letter before proceedings.” This letter will outline the main concerns and the help that has been provided by Children’s Services so far. It will also schedule a meeting for various authorities and the parents to attend. The PLO meeting is attended by the Local Authority’s Solicitor, Team Manager, Social Worker and the parents along with their respective legal representatives. The Team Manager will explain the reasons why the PLO process has been initiated and what support can be offered by Social Services.

Social Services will go through the concerns outlined in its letter to parents and provide an update as to what has been happening. During the meeting, the parents will have the opportunity to respond. In most cases, Social Services ask the parents to sign a document called a ‘Written Agreement’ which sets out what is expected of the parents and what both the parents and Social Services agree to do. This is not a legally binding document but if it were to be breached, there is a likelihood that the Local Authority will escalate matters. It is important to note that Social Care does have a duty to provide the parents with relevant support. A date for a further meeting will then be set so that matters can be reviewed and a decision made as to whether the Public Law Outline process needs to continue.

Process of Care Proceedings

If children’s services worry that a child is in immediate danger, they can ask the family court to make a temporary court order, called an ‘interim care order’ at the start of care proceedings. If the court agrees, the council can take the child into care temporarily. This can be for up to 8 weeks at first. It can take up to 26 weeks for a court to decide what should happen to the child. 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 may be at risk. They will also look at what can be done to keep them safe.

They will talk to the parents/guardians and the children. They may talk to other family members or friends about looking after the child 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. This will include whether they think the child should be taken into care or stay with the family. Once all the information has been gathered, there will be a court hearing.

Once all the information has been gathered, there will be a court hearing. The judge will look at the reports, and listen to everyone involved in the case, including:

The children will go back home if the judge decides that they’re safe. If not, the council will find them a new home and arrange a “Child Arrangement Order’ to allow the parents to still see their child.

The children’s new home may be with:

If you have received a Care Order from social services, get in touch with our family team as soon as possible. Our experts have years of experience dealing with social services when it comes to children. Find out we can help you by visiting Care Proceedings or call 023 8023 4433 to arrange to speak to a solicitor. 

Disclaimer: Information on this webpage is not intended for legal purposes or advice. If you require legal advice or services you should seek a professional legal practitioner.