Care Proceedings Care Proceedings

A social worker will provide the Court with information about the situation as they understand it, and the Court will decide whether to make an Order. One of the decisions that will need to be made is whether or not the child should be placed into foster care. You will have an opportunity to share your views and to make representations to the Court about what you believe should happen. A CAFCASS Guardian, will also be appointed to represent the child’s wishes and feelings in the Court proceedings. A solicitor for the child will be appointed to work alongside the CAFCASS Guardian for the child.

There are a number of different Orders that can be made, depending on the circumstances surrounding your case. Emergency Protection Orders and Interim Care Orders may be made to place a child into the care of the local authority or to place with a family member. Occasionally, these Orders are used to keep a child at home with a parent. A Supervision Order allows a local authority to keep a child at home whilst parents receive advice, assistance and support in respect of their parenting.

If you are facing Care Proceedings, our Family and Children Law Team can represent you to liaise with the local authority and social workers and to help you put forward your case in Court.

What happens during Care Proceedings?

You will be notified of any application made to the Court.

In an emergency situation, you are likely to receive very short notice of any application, and a hearing may be heard the same day. As soon as you are advised of the Court’s involvement, you are recommended to ask a solicitor to represent you. If you are a parent or a person with parental responsibility for a child, you will be automatically entitled to access free non-means and non-merits tested legal representation through funding from the Legal Aid Agency.

Most cases have at least two separate Court hearings, although, if your matter is complex, there may be a number of hearings. You are entitled to be present and represented at all hearings.

While the local authority will act in what they believe to be the best interests of your child, they may make an application to the Court for an Order to put them into the care of the local authority if they believe they are suffering or at risk of suffering significant harm. However, they generally try to keep families together where possible and offer professional support to help this happen.

How long do Care Proceedings last?

The Court aims to conclude care proceedings within 26 weeks (6 months) wherever possible.

Some cases conclude more quickly, while particularly complex cases may take longer if additional assessments or evidence are required.

Throughout the proceedings, the Court will regularly review progress and give directions about the evidence needed before final decisions can be made.

What are the possible outcomes?

At the conclusion of proceedings, a number of outcomes may be available depending on the evidence and the child's circumstances. These can include:

• The child returning home.
• The child living with another family member.
• A Special Guardianship Order being made.
• The child remaining in foster care.
• A Care Order being made.
• In some cases, a plan for adoption.

The Court will choose the outcome it considers best promotes the child's long-term welfare.

How Preston Redman Can Help

Care proceedings can be emotionally exhausting and life-changing. Our experienced family law team provides expert guidance, practical support and clear advice throughout every stage of the process.

We will explain what is happening in plain English, help you understand your rights and work with you to achieve the best possible outcome for your family.