Care Proceedings Guide
What is a Care Order?
We are here to provide clear, compassionate guidance and support, and our experienced team of lawyers is dedicated to helping you understand every step of the process while ensuring the best possible outcome for you and your family. We offer expert legal advice and representation to guide you through these challenging court proceedings.
When a child is born, the mother automatically has parental responsibility. If the parents are married, or in a civil partnership the father also has parental responsibility for the child. A Father can acquire parental responsibility through several ways, including birth registration, a parental responsibility agreement, or a court order.
If the court makes a care order, the Local Authority shares parental responsibility for the child. The local authority must consult with those who also hold parental responsibility, but it can override their decisions in order to focus on the child’s needs.
Types of Care Orders: Interim & Long-term
An interim care order is a temporary measure, a short-term version of a care order, often put in place during ongoing care proceedings.
An interim care order enables the local authority to make necessary decisions while awaiting comprehensive evidence. To obtain this care order, the court needs reasonable grounds to believe that the threshold criteria for a care order are met.
Long-term Care Orders
A care order remains in effect until the child reaches 18, automatically ending at that point, unless the court brings it to an end earlier. This ensures that the child’s welfare is continuously protected under the formal care and supervision proceedings, if necessary. Understanding the duration and implications of a long-term care order is crucial for all parties involved, and we offer expert legal advice to help you navigate these complex care proceedings for a child.
The Care Proceedings Process
The care proceedings process can seem complex so we aim to provide clarity and reassurance by explaining each step in detail. Our lawyers are experienced in managing the timetable for the proceedings and ensuring that your voice is heard. We aim to guide you through this complex process and to achieve the best possible outcome for the child.
Care proceedings are only initiated if social workers have concerns about a child’s safety and well-being, which could be due to instances of significant harm or neglect. Social services will try to work with the family and offer a child protection plan to resolve issues before starting legal action. However, if these concerns remain, they may initiate care proceedings to protect the child from harm.
The care proceedings process generally follows a structured path. Social services may invite the parents or carers to a pre-proceedings meeting before going to court; this meeting provides an opportunity to discuss concerns and agree on how to address the issues, thereby avoiding court proceedings. If social services believe the child is still at risk, they will apply to the court for an order. After this application (usually after 12-15 days), the court holds a case management hearing. Then, after all assessments and evidence are gathered, the final hearing takes place.
Within care proceedings, it is essential to identify the key figures involved. A Judge or Magistrates make decisions, but there are other essential roles, such as: The court appoints a Children’s Guardian to represent the child’s best interests. Our lawyers will work closely with all key figures to ensure your views are considered and provide you with comprehensive legal advice.
The process of understanding care proceedings involves grasping the timetable that courts follow. All courts strive to conclude care proceedings within 26 weeks. However, some circumstances extend this timeframe.
During care proceedings, parents or carers will be actively involved, and they possess the right to attend all court hearings and be represented by a lawyer. This ensures a fair process, where the views of all parties are taken into consideration. Our lawyers provide expert support throughout the court proceedings, helping parents to understand the evidence being presented and ensuring the best outcome for the child.
The Role of Local Authorities
When considering public law, particularly under the Children Act 1989, a crucial aspect involves the making of a care order or a supervision order.
A court may only issue a care order or supervision order if it is satisfied that the threshold criteria have been met, safeguarding the child’s welfare.
Legal Advice and Representation: The Importance of Engaging a Lawyer
If you are involved in care proceedings, seeking legal advice early is crucial to ensure the best possible outcome for your family. We are dedicated to supporting you every step of the way, ensuring you are fully informed and that your rights are protected. Our lawyers are equipped to handle all aspects of care proceedings, providing you with clear and compassionate guidance.
Legal Aid and Support for Parents
Legal aid is available to help cover the lawyer’s costs, regardless of financial circumstances, if parental responsibility is held. We aim to provide comprehensive support and ensure you understand the care proceedings process.
Dutton Gregory offers personalised legal advice and robust support during care and supervision proceedings. Our specialised care proceedings lawyers are here to help you secure the best possible outcome for your family and protect the child’s safety and welfare. We have vast experience in dealing with care proceedings and can help guide you through the timetable for the proceedings, the case management hearing and the final hearing.
How We Can Help You
At Dutton Gregory, we are committed to supporting you every step of the way. We ensure you are fully informed, and your rights are protected, and our team provides clear and compassionate guidance throughout the care proceedings process, ensuring you can navigate the complexities of public law with confidence.
Your Next Steps
Our specialised care proceedings lawyers are here to help you secure the best possible outcome for your family. If social workers have raised concerns about a child’s safety, you will be invited to a pre-proceedings meeting, and we will provide you with expert legal advice to ensure the child’s needs are met, with their welfare being promoted.
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