The involvement of the Local Authority in family matters, particularly when it leads to care proceedings, presents a deeply troubling time for any parent or guardian. Our approach at Louisa Rose Solicitors is grounded in the understanding that these situations are not only legally complex but also emotionally draining. The spectre of having a child taken into care can feel both intimidating and profoundly unfair, prompting an urgent need for expert legal intervention.

We guide our clients through each stage of the process with precision and empathy. It starts with comprehending the reasons behind the Local Authority’s actions, which often relate to concerns over a child’s welfare. Understanding these concerns is the first step towards addressing the situation effectively. Our legal team provides strategic advice on how to engage constructively with social services, ensuring that your side of the story is heard and taken into account.

Preparing for and navigating through care proceedings demands meticulous attention to detail and an assertive stance. We stand by our clients, offering rigorous representation to challenge the Local Authority’s position where necessary and to advocate for the best interests of the child. This includes helping you to demonstrate a willingness and ability to address any issues identified by social services, thereby working towards a resolution that aims to reunite the family wherever possible.

Throughout this process, our primary objective remains clear: to act as your advocate, offering the legal support and guidance needed to navigate this challenging period. We focus on achieving a positive outcome that prioritises the child’s welfare and works towards the restoration of your family unit.

If you are worried that your child will be taken away by the local authority/social services and your child is under scrutiny by said organisations. Then no need to worry about that, because that’s one of our specialities.

We can handle these matters with the best of our experience. If you are in such a situation, where you are worried about your child, then do not hesitate to contact us. Louisa Rose Solicitors always strives for the best in what we do. We provide high quality legal services at an affordable rate.

Care Proceeding Commencement

If a council/local authority are concerned that a child is suffering harm, or being neglected, or abused (or is likely to be abused) by their parents or other people that the child knows, they may decide that it is necessary to commence care proceedings.

We will explain what care proceedings are, how we can help, why care proceedings may happen and what you could expect during the care proceedings process.

Care proceedings are a type of court proceedings issued by a council which involve applying for a ‘Care Order’.

A care order is a type of court order which gives the council/local authority parental responsibility for the child in question. A care order enables a council/local authority to take a child into care. Having a care order will result in the council being able to decide where the child can live.

As well as a care order, the council may also decide to apply for a ‘Placement Order’as part of the care proceedings. This would occur if the council believed that adoption of the child should be the best option in the child/children best interest.

The placement order gives the council the right to put the child with adoptive parents.

How can our legal expert help you with care proceedings?

Even though the social order has no right to take away your child/children, unless they have the court granting permission based on the issue of emotional abuse, physical abuse, sexual abuse, neglect, medical neglect, illness/death of parents and other factors.

Louisa Rose Solicitors experts are here to offer you a legal support service during this difficult time as it is hard to lose child/children. If you are worried about your child being taken away by the council/local authority, then do consult us through our contact details on this website and our legal experts can guide you through the process.

An Injunction order can be made to the court to provide protection against social services taking away your child/children. Hence, we are here to help you get your children back.

We have Legal Aid firms in place to help cover your legal costs. Meaning, you do not have to pay us any money if you are earning below average wage or you are on benefits or unemployed. Legal Aid will assess your cost application in accordance with your circumstances. So, you can focus on getting your child/children back without worrying about the legal cost.

Care proceedings normally only begin after all other possibilities of keeping the child within their family have been exhausted.

However, care proceedings can start much earlier on if the level of risk to the child is high.

Who makes the final decision in care proceedings?

When the council/local authority applies for a ‘Care Order’, it is up to the court to decide if the child can be taken into care.

The Children Act 1989 states that the court can only make a care order (or supervision order) if it is satisfied:

“(a) that the child concerned is suffering, or is likely to suffer, significant harm; and

(b) that the harm, or likelihood of harm, is attributable to—

(i) the care given to the child, or likely to be given to him/her if the order were not made, not being what would be reasonable to expect a parent to give to him/her

How long do care orders last?

Care Orders can last until another court order gives parental responsibility to someone else. This could happen if a child were adopted, for instance. It is also possible for a court to discharge (lift) the order. A care order would come to an end on a child’s 18th birthday.

Care proceedings: what are interim care orders?

The council/local authority may ask the court for an ‘Interim Care Order ’at the start of care proceedings. This is a type of temporary court order which, if the court decides it is appropriate, enables the council to temporarily take the child into care.

What happens during care proceedings?

Care proceedings can take time because a lot has to happen before the court can make a decision about what is best for the child. Lots of information needs to be gathered and assessments need to take place, before the court can make a final decision about the care proceedings.

For instance, during care proceedings, Cafcass (Children and Family Court Advisory and Support Service) will have an officer working to try to understand the facts of the case. Care proceedings involve Cafcass (and others) talking with all the parties involve such as the parents and the child.

As part of care proceedings, family members may be contacted about looking after the child if that child is unable to live at home safely. You should expect a social worker and Cafcass to prepare reports for the court during care proceedings, which detail what they believe, should happen to the child. In some cases, grandparents can also ask for the court to take their opinions into consideration.

What does Cafcass do during care proceedings?

Cafcass allocates a Children’s Guardian to represent the child during care proceedings. This person is independent from the court and the local authority.

It is their role to choose a solicitor to represent the child. In addition, they will make recommendations to the court throughout the process and inform the court what they believe would be in the best interest of the child.

During care proceedings, a Cafcass Children’s Guardian will normally spend time with both the child and their family. Sometimes, a Children’s Guardian will also want to speak with other people in the child’s life, such as their teacher or social worker.

What happens at the care proceedings court hearing?

When the reports are all ready, a court hearing will take place. During this part of the care proceedings, the judge will listen to everyone involved, including the parents, the child, the solicitors and Cafcass.

After the judge has heard what everyone has had to say and read the reports, they will decide whether or not the child can go back home. If the judge decides at this point in the care proceedings that it is not safe for the child to return to their home, the council will find them a new home. This could be, for example, with another family member, a friend or a foster carer. Sometimes, it will be appropriate for the child to be adopted.

How long do care proceedings take?

The length of time care proceedings take can vary greatly depending on the complexity of the case. Care proceedings normally take up to 6 months. Sometimes, care proceedings can take even longer than this if the case is particularly complicated.

Find a family legal expert to help you through care proceedings

A family legal expert, such as Louisa Rose Solicitors, can guide you through what can be a very long and complicated process and can represent you at court. If you discover care proceedings are going to begin or you receive papers from the court to notify you that care proceedings are starting, get in touch with us as soon as possible.