Care Proceedings

Many parents feel upset and frightened when their family comes under the local authority’s scrutiny through its Children’s Services (formerly Social Services).  We understand that social workers visiting your house can feel intrusive, and you might be worried about what will happen to your children.

Many parents feel upset and frightened when their family comes under the local authority’s scrutiny through its Children’s Services (formerly Social Services).  We understand that social workers visiting your house can feel intrusive, and you might be worried about what will happen to your children.

Why are Children's Services involved in our family?

If a child is at risk of significant harm, abuse or neglect, Children's Services will carry out a child protection investigation or enquiry under section 47 Children Act 1989 to prepare a Care and Support Assessment.  This will likely involve a social worker discussing their concerns with you, visiting your family at home, speaking to your child or children independently to record their wishes and feelings and meeting with other professionals or organisations involved with the family, such as the police.

If Children's Services conclude in their report that the original concerns are proven and a child is suffering, or at risk of suffering, harm, they will take steps to protect them.

Why have the local authority sent me sent a 'letter before proceedings'?

Before starting care proceedings, referred to as the Public Law Outline (PLO), the local authority will invite the parent or persons with parental responsibility to a pre-proceedings meeting.  This important meeting allows the local authority and family to discuss safeguarding concerns and potentially resolve issues without going to court.  Usually, a parent will arrange for their legal representative to attend the meeting with them.

Where the case is urgent, or there is a high risk that a child will suffer harm, the local authority will apply to court without arranging a pre-proceedings meeting.

Can I get legal aid for care proceedings?

If you receive a pre-proceedings letter, you will likely be eligible for non-means, non-merits tested legal aid.  Legal aid is available during the pre-proceedings stage, so we can advise and support you at the first child protection and PLO meetings.  If the local authority issue care proceedings, you will also receive legal aid to pay advice and full representation by a solicitor or barrister.

What orders can a court make?

Where a court determines that a child is suffering or likely to suffer significant harm from their parents or carers' care, or when a child is beyond a parent or carer's control, it can make the following orders:

  • Interim Care Order
  • Final Care Order
  • Supervision Order
  • Emergency Protection Order

Whatever your circumstances, our sympathetic and non-judgmental team is committed to helping you achieve the best possible outcome for you and your children.  We will advise you at each stage of proceedings and always be available to provide support.

What is mediation?

Family mediation is a voluntary and private process where a professionally trained mediator helps couples find common ground on important family matters.  These typically involve negotiation about arrangements for children or sharing finances after separation.

Your ex-partner might not agree to attend mediation, or there might be another reason why it is not appropriate, for example, because of issues around domestic violence.

During mediation, the mediator will work with both of you, encouraging open discussions and exploring various options.  It's all about finding solutions everyone can agree on so you both stay in control.

If you are negotiating a financial settlement, we will help you put together a financial statement with documents on your behalf.  Once you and your ex-partner have disclosed all relevant financial information, including assets, property, savings, pensions and income, you can work with the mediator to agree on a final settlement.  We can then draft a consent order on your behalf and apply to the court for approval.

We have a good relationship with local mediators who offer sessions online or who can meet you and your partner locally.