Few things are more distressing than being told that your child may be taken into care. If you’ve received a letter from social services, been asked to attend a pre-proceedings meeting or are facing court hearings, it’s natural to feel overwhelmed and frightened.
This guide explains what care proceedings are, what they mean for you and your child and how to get the right support at each stage – along with how to get a free 30-minute consultation with a solicitor to help you navigate the process.
What are care proceedings?
Care proceedings are legal processes started by the local authority when they believe a child is not safe or is at risk of significant harm. The purpose of care proceedings is to decide whether a child should:
- Stay with their parents under supervision
- Be placed with another family member
- Go into foster care or be adopted
These decisions are made by the Family Court, which is responsible for protecting the welfare of children.
Local authorities cannot remove a child from your care without permission from the court, unless there is an emergency situation.
Why do care proceedings happen?
Care proceedings are usually initiated after social workers have raised concerns about a child’s safety or wellbeing. Common reasons include:
- Neglect, such as poor living conditions or failure to meet a child’s basic needs
- Physical or emotional abuse
- Substance misuse by a parent or carer
- Domestic violence in the home
- A parent’s mental health difficulties
- A child being beyond parental control or at risk of harm from others
In many cases, concerns have been ongoing and the family may already be known to social services. However, urgent cases can escalate more quickly.
What happens before care proceedings begin?
Before going to court, the local authority will often invite parents to a Pre-Proceedings Meeting under the Public Law Outline (PLO). This is your chance to respond to the concerns raised and make changes to avoid going to court.
You’ll be sent a Letter Before Proceedings, which outlines:
- The concerns about your child’s welfare
- What needs to change
- What support will be offered
- That care proceedings may follow if improvements aren’t made
This meeting is a serious matter. You are entitled to free legal advice and it’s strongly advised that you attend with a solicitor who specialises in care proceedings.
What happens during care proceedings?
If the local authority still believes your child is at risk, they can apply to the Family Court for a Care Order or Supervision Order. You will be notified and required to attend a court hearing.
The main steps in care proceedings are:
- First hearing – The court reviews the case and considers temporary arrangements.
- Interim orders – The court may issue temporary care or supervision orders while assessments take place.
- Assessments – Social workers, psychologists or other professionals may assess your parenting capacity, your child’s needs and alternative carers (such as relatives).
- Final hearing – The court makes a final decision about where your child should live and under what legal framework.
The entire process is meant to be completed within 26 weeks, although this can vary depending on the complexity of the case.
What orders can the court make?
At the end of care proceedings, the court may decide on one of the following:
- Care Order – The local authority shares parental responsibility and can make decisions about your child’s care, including where they live.
- Supervision Order – Your child stays at home but the local authority monitors the situation and offers support.
- Child Arrangements Order – The court decides who the child should live with and how much contact they should have with each parent.
- Special Guardianship Order – The child is placed with a relative or close friend who becomes their legal guardian.
- Placement Order – The child is placed for adoption.
Will my child be taken away?
Not necessarily. Just because care proceedings have started does not mean your child will automatically be removed from your care.
The court must consider all options, including:
- Your child staying at home with support
- Placing your child with a family member or friend
- Placing your child in foster care as a last resort
You have the right to respond, challenge evidence and present your case. Having a solicitor represent you is essential to help the court understand your position and demonstrate your commitment to your child’s wellbeing.
Do I have to pay for legal representation?
If you are a parent involved in care proceedings, you are automatically entitled to free legal aid, regardless of your income. This means you can get full legal representation from a specialist solicitor without having to pay.
What should I do if social services contact me?
- Don’t panic but don’t ignore it either. Early action is important.
- Read all documents carefully, especially a Letter Before Proceedings.
- Attend all meetings and court hearings.
- Speak to a solicitor who specialises in child protection and care proceedings.
Even if the case has not yet gone to court, you may still be able to access free legal advice depending on your circumstances.
We can help you protect your family
Facing care proceedings is one of the most difficult experiences a parent can go through – but you don’t have to go through it alone. The right legal support can help you understand your rights, respond effectively and work towards keeping your family together.
Speak to a family law solicitor today with a free 30-minute consultation. You can contact us using the form below, call 0203 983 5080 or email [email protected]. We’re available via video call or can meet you at one of our local offices in London (Harrow, Canary Wharf or Piccadilly Circus) or Manchester City Centre.
