A Step-by-Step Guide to the Care Proceedings Process

The care proceedings process involves legal steps taken by Local Authorities (LAs) in England and Wales to ensure the safety and welfare of children who are at risk of significant harm. This guide will walk you through each stage of the process, ensuring you understand your rights and responsibilities.

1. Pre-Proceedings Stage
2. Initiating Care Proceedings
3. Court Proceedings
4. Post-Proceedings

Download our care proceedings flowchart or easy-to-follow eBook below (both for free!):

Understanding Care Proceedings

Threshold Criteria

Under Section 31 of the Children Act 1989, a court can only make a Care Order or Supervision Order if it is satisfied that the Threshold Criteria have been met. These criteria are met if there are concerns that the child is suffering or is likely to suffer significant harm due to inadequate care or being beyond parental control.

Duties of Local Authorities

The Public Law Outline (PLO) requires Local Authorities to identify and address concerns about a child’s welfare as early as possible, providing support to families to mitigate these concerns. If the risk of harm is too great or urgent, the case may go directly to court.

Steps in the Care Proceedings Process

1. Pre-Proceedings Stage

a) Letter Before Proceedings

When a Local Authority has significant concerns about a child’s welfare, they will send a “Letter Before Proceedings” to the parents. This letter outlines the concerns, the support provided so far, and invites the parents to a Pre-Proceedings Meeting*. These concerns often arise from earlier child protection enquiries, such as those made during a local authority Section 47 assessment, which determine whether a child is at risk of significant harm.

Parents are advised to seek legal representation from a family law specialist.

b) Pre-Proceedings Meeting

The aim of this meeting is to agree on steps to protect the child and avoid court proceedings. It involves the parents, their legal representatives, and the Local Authority. Safeguarding concerns are discussed, support is offered, and necessary actions are agreed upon. These actions form the priority actions of the Child Protection Plan.

c) Period of Change

During this period, parents are expected to make the necessary changes to address the concerns. The Local Authority provides support and monitors progress through mechanisms such as Child Protection Conferences.

d) Pre-Proceedings Review

A review meeting is held within 6-8 weeks of the Pre-Proceedings Meeting to ensure progress is being made against the agreed actions.

2. Initiating Care Proceedings

If the concerns are not adequately addressed during the pre-proceedings stage, the Local Authority may decide to initiate care proceedings.

a) Issuing Proceedings

The Local Authority will issue an application to the court for a Care Order or Supervision Order. This application includes detailed evidence supporting their concerns and the need for court intervention.

b) First Court Hearing

The first hearing, often called the Case Management Hearing, takes place within a few days of the application. The court considers the evidence, appoints a Children’s Guardian (a court-appointed advocate for the child), and sets a timetable for the proceedings.

3. Court Proceedings

a) Interim Care Orders

During the proceedings, the court may issue interim orders to ensure the child’s safety. These orders can grant temporary parental responsibility to the Local Authority or impose specific conditions on the parents.

b) Evidence Gathering

The court gathers evidence from various sources, including social workers, medical professionals, and the Children’s Guardian. Where the concerns stem from a suspected non-accidental injury, this often includes independent expert reports from paediatric radiologists, haematologists, or geneticists. This evidence is used to assess the child’s needs and the parents’ ability to meet those needs.

c) Final Hearing

The final hearing is a detailed examination of all the evidence. The court makes a decision based on the child’s best interests, which may result in a Care Order, Supervision Order, or other outcomes such as a Family Assistance Order.

4. Post-Proceedings

a) Care Orders

A Care Order grants primary parental responsibility to the Local Authority, while the parents retain some rights. The order lasts until the child turns 18, unless discharged earlier by the court. Adoption or Placement Orders can alter the status of a Care Order.

b) Supervision Orders

A Supervision Order requires the Local Authority to ‘advise, assist, and befriend’ the child. It may include specific conditions about the child’s living arrangements and activities. This order lasts for one year but can be extended yearly up to three years or until the child turns 18.

c) Timetable

Guidance states that care and supervision proceedings should ideally be completed within 26 weeks to minimise disruption to the child’s life.

Get Expert Legal Advice

Navigating the Care Proceedings process can be challenging and emotionally taxing. At GoodLaw Solicitors, we are committed to supporting you every step of the way, ensuring you are fully informed and your rights are protected.

For personalised legal advice, contact GoodLaw Solicitors today. Our specialised care proceedings solicitors are here to help you secure the best possible outcome for your family.