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Care Proceedings

Care Proceedings is the name given to cases started by Social Services when they have become involved with a family because of concerns about the care given to the children. The whole process, particularly where a child is being removed from home can seem frightening and frustrating for the families involved.  You may feel angry or upset or as if no-one is listening to you, so it is important to contact a solicitor as soon as possible.  We can assist by advising you fully of the rights you and your children and family have within the proceedings.  We can make sure that your views are heard by the Court making the decisions.

Our team of solicitors include several members of the Law Society Children Panel, meaning they are experts in this area of work.  People who are involved in care proceedings including parents and people with parental responsibility can get free public funding to cover their legal fees.

If Social Services become involved with a family - we can help. The local authority can ask the Court to make various Orders in respect of your children, including Care Orders, Supervision Orders and Educational Supervision Orders and the process can be frightening and frustrating for families. We can assist by advising you fully of the rights that you and your child(ren) have within the action or Court proceedings initiated by Social Services.

If care proceedings are issued, we will accompany you to Child Protection conferences which the Local Authority can initiate whether or not there are, or are going to be, court proceedings. Even if court proceedings are not taken by the Local Authority, your child may be placed on the Child Protection Register and again we can advise you and assist you if this happens and explain the action that you and/or your child(ren) can take. You do have the right to have a solicitor present at Child Protection Conferences. We will represent you at Court hearings and ensure that your views and wishes are heard and considered. We have access to experts who can be instructed in these cases such as psychiatrists, psychologists and paediatricians, after an Interim Care Order.

The local authority has a statutory duty to make all efforts to keep a child within his or her family - and when acting on behalf of parents, we keep reminding the authority of this as long as that is what is best for the child in question.

Often the effect of this would be that the child would be removed from the parents' care and placed into foster care.

This gives the local authority power to determine the extent that a child retains their contact with their parents. There are some circumstances when the Local Authority can apply to the court for an order stopping a child’s contact with their parents.

A care order lasts until a child's 18th birthday unless it is brought to an end earlier.

The Local Authority has to establish that the child suffered significant harm as a result of the care provided by the parents. If the Court determines that the child has suffered significant harm then they must consider the most appropriate action to ensure that the child’s best interests are accounted for.

The Court must consider the provisions of the Welfare Checklist as set out below:

    • The wishes of the children (taking into consideration their age and understanding)
    • The children's physical, emotional and educational needs
    • The effect on the children of any change in circumstances
    • Age, sex and background or any other relevant characteristic of the children
    • Any harm that the children have suffered or are at risk of suffering
    • The capability of each parent in meeting the children's needs

 

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