Care Proceedings

Care proceedings are started by the local authority when they believe a child is not safe or is not being cared for in a way that meets their needs.

Before issuing court proceedings (unless there is a matter of urgency), the local authority should try to work with the family through meetings, assessments and support plans. This stage is known as the Public Law Outline (PLO). Please see our separate article explaining the PLO in more detail.

Public Law Outline (PLO)

Care proceedings cases are heard in the Family Court and are governed by the Children Act 1989

Your Rights During Care Proceedings

Parents have important legal rights throughout the process, including:

• The right to legal representation
• The right to attend and be heard at court hearings
• The right to see reports and evidence (with limited exceptions)
• The right to challenge decisions and present their own evidence

Parents are entitled to legal aid for care proceedings, regardless of income, meaning you can access specialist legal advice without worrying about the cost.

How Long Do Care Proceedings Last?

Care proceedings are intended to be completed within 26 weeks. In more complex cases, the court may allow extra time. During this period, the court will closely review progress and evidence before making decisions about extending the timescale.

Why Are Care Proceedings Started?

The local authority may apply to the court if they believe a child is suffering or is likely to suffer significant harm. Common concerns include:

• Neglect (for example, lack of food, supervision, medical care, or unsafe home conditions)
• Physical, emotional or sexual abuse
• Domestic abuse within the home
• Serious parental mental health difficulties
• Drug or alcohol misuse
• A breakdown in care arrangements

Who Is Involved In Care Proceedings?

A number of people and professionals are usually involved, including:

• Parents and carers
• The child (depending on their age and understanding) – children are usually given their own independent representation through a Children’s Guardian and a Solicitor
• The Children’s Guardian (from CAFCASS), who is the voice of the child and gives recommendations to the Court about what they consider is in the child’s best interests
• Solicitors and Barristers
• The Judge or Magistrates

What Orders Can The Court Make?

The court has several options, including:

• Care Order – where the local authority shares Parental Responsibility (PR) and decides where the child lives
• Supervision Order – where the child remains at home or with another family member while the local authority monitors and supports the family
• Interim Orders – temporary arrangements while proceedings are ongoing
• Child Arrangements Order – deciding who the child lives with either parents or family members
• Special Guardianship Order – placing the child with a relative or close family friend; the special guardian shares PR, which overrides the parents PR in decision-making
• No Order – if the court decides no legal intervention is necessary

The court must always choose the option that involves the least amount of intervention necessary to protect the child.

Getting The Right Support

Care proceedings are highly emotional and can feel overwhelming. Early legal advice and strong representation can make a significant difference, helping you understand the process, protect your rights and work towards the best possible outcome for your family.

If you are involved in care proceedings or are worried about social services’ involvement, Wilson Browne Solicitors are here to help. Our experienced Childcare team can guide you through every stage with clarity, care and professionalism.

Please get in touch with us to discuss your situation and find out how we can support you, or call 0800 088 6004.