Legal Eagle: Care Proceedings – what they are and how they work
Children’s services are issuing Care Proceedings- what does this mean?
Care Proceedings are Court proceedings initiated by the local authority. If the Local Authority believe a child has suffered or is at risk of suffering significant harm, they can apply to the Court for a Care Order or Supervision Order. Legal aid is available in these cases for parents, as well as anyone else who has parental responsibility for the child in question.
At the first hearing, if the Local Authority believe the child should be removed from their parent’s care whilst Court proceedings are ongoing, they may ask the Court for an Interim Care Order. This order grants temporary parental responsibility to the Local Authority and allows them to make decisions for the child such as where they should live. The Local Authority may instead ask for an Interim Supervision Order. This places the child under the supervision of the Local Authority and offers the parents support.
At this stage, your child will be allocated a Child’s Guardian. They are a professional appointed by the Court to represent the child’s best interests during proceedings. They represent the child’s wishes and feelings, which means they may speak to the child directly.
Throughout proceedings, the Court gathers evidence from the parents and various professionals such as social workers and medical professionals. This evidence is used to assess the child’s needs and the parents’ ability to meet those needs. Assessments of the parents and wider family members who may put themselves forward to care for the child are undertaken.
At the final hearing, the Court decides based on the child’s best interests. If a Care Order is made, primary parental responsibility is granted to the Local Authority, however, does not remove a parent’s parental responsibility. A Supervision Order requires the Local Authority to ‘advise, assist, and befriend’ the child. The Court may decide that the child should live with a family member. Such Order’s last until the child is 18, unless discharged by the Court.
Depending on circumstances, the Local Authority may request the Court to make a Placement Order, in which the Local Authority is authorised to place a child for adoption.
The Court may not make an Order, and the child may remain with their parents.
Guidance states Care Proceedings should conclude within 26 weeks to minimise disruption to the child’s life; some cases take longer.
If you wish to discuss further, please contact us on 0191 275 2626 or via email at [email protected]