Experienced Child Care Proceedings Solicitors
Our team of family law specialists can give advice based on your individual circumstances and how you can achieve the best outcome for you and your family.
Our expert team is dedicated to dealing with public law matters and will provide you with clear, sensible legal advice and will make applications to the court on your behalf should you require this.
We can also help you in making sure that if your child does not live with you that the right contact plans are in place.
To get the support you need, call 0151 236 8871 or book a call with our legal experts.
If the local authority are involved in your child’s life and you need help understanding the legal process or making sure your voice is heard, we are here to help you. Whether you are a parent or a family member we can explain the child protection process to you no matter what stage you are at: Child In Need, Child Protection Plans, Pre Proceedings or court application.
What are care proceedings?
Care proceedings is the most serious level of intervention by a local authority. They are seeking long term permanent solutions to the child protection risks as they see them and the court orders necessary to do that. The focus is on safeguarding children rather than supporting families.
The local authority can only seek a care for order if they can establish a legal test (called the threshold criteria) is met.
What is the threshold criteria?
That the child (if more than one they must be looked at individually) is suffering or likely to suffer significant harm AND that the harm or likelihood of harm is attributable to the care given or likely to be given ,if an order were not made, not being what it would be reasonable to expect a parent to give.
To obtain an interim care order (normally sought at first hearing) the Local Authority need to show that there are reasonable grounds for believing that the threshold criteria is established.
There are normally three hearings in care proceedings
- First hearing
At the first hearing the court will consider:
- Interim placement (where is the child going to live until final hearing)
- Directions necessary for an Issues Resolution Hearing
- Listing the Issues Resolution Hearing
- Assessment of any family members
- The filing of evidence to include any experts reports, GP, Drug testing and a Guardian’s report
- Issues Resolution Hearing
- With all the evidence in the court will review whether the matter can finally resolve at this hearing. This often happens if there is agreement as to what should happen
- Final hearing
- The court will normally (but not always) hear evidence from all concerned and make the orders it determines are in the best interests of the child. If the assessments undertaken are not positive, one outcome is alternative permanent placement outside the family and this can include adoption. This is particularly likely if rehabilitation is not possible and other family members are not available to care for the child (or they have been excluded through the assessment process). So if there are family members who may be able to care for the children if parents cannot they must be identified as soon as possible.
The court will rely on evidence secured before the issue of proceedings so engagement during pre proceedings processes will be reviewed. The court will not order new assessments unless there is a good reason.
What is a care order?
A care order gives the local authority parental responsibility. They are able to direct how parental responsibility is exercised including where your child should live.
How long do care proceedings take?
Statute directs that proceedings must be concluded in 26 weeks. Some proceedings conclude earlier than 26 weeks, especially cases not requiring experts. More complex cases may take longer.
Can I get legal aid?
Parents and those with parental responsibility are entitled to non means and non merits legal aid to be represented in care or supervision proceedings. You are automatically eligible for legal aid.
Any other party will need to satisfy the legal aid agency criteria as to means (are you eligible financially) or merits (do you have an arguable case or do you require to be separately represented in proceedings) to establish whether they will receive legal aid. If you are not a parent or a person with parental responsibility you are not automatically entitled to legal aid.
Who is the Children’s Guardian?
The Court appoints a children’s guardian to look after the children’s interests. The children’s guardian is a social worker trained individual but is wholly independent of any other person within the proceedings. The Children’s guardian appoints a solicitor for the children who will normally receive instructions from the children’s guardian
What must I do if I am involved in care proceedings?
Cooperate. From day one. It is vital that you cooperate with the Local Authority and the children’s guardian and attend all appointments with all agencies involved in your case including your solicitor. If the children are not living with you and you are attending for contact you should attend regularly and on time. If you need to miss contact for a good reason let people know well in advance and notify your solicitor. You will have a lot of commitments over the coming months – keep a diary of them so you can keep track.
The Local Authority Social Worker and Guardian will be filing reports in your case which will be read by the court making the final decision about your children. Remember that in your dealings with them.
Read the Local Authority evidence and see what they identify as the problems. Ask yourself – what can I do to improve the situation. The court will not want to know that the situation is the same at final hearing.