Care proceedings are legal actions initiated by local authorities when they believe a child is at risk of significant harm. These proceedings are often distressing for families, as they may result in a child being removed from their home. At MB Law Solicitors , we provide expert legal support to parents and guardians, ensuring they understand their rights and options throughout the process.
What Are Care Proceedings?
Care proceedings occur when Children’s Services believe a child is suffering or is likely to suffer harm due to neglect, abuse, or other safeguarding concerns. If social workers determine that a child’s welfare is at risk, they may apply to the Family Court for an order that gives the local authority certain powers over the child’s care.
Common Reasons for Care Proceedings:
✔ Neglect – Failing to meet a child’s basic needs (e.g., food, clothing, supervision).
✔ Physical abuse – Non-accidental harm to a child.
✔ Emotional abuse – Harm caused by ongoing criticism, rejection, or exposure to domestic abuse.
✔ Sexual abuse – Exploitation, assault, or exposure to inappropriate material.
✔ Substance misuse – When a parent’s drug or alcohol use affects their ability to care for their child.
✔ Mental health concerns – If a parent’s mental health condition puts a child at risk.
The Care Proceedings Process
Care proceedings typically follow a structured legal process:
➡ Pre-Proceedings (Public Law Outline – PLO)
Before applying to court, the local authority must invite parents to a PLO Meeting to discuss concerns and explore solutions. This is a chance for parents to work with social services to improve the situation and potentially avoid court action.
➡ Applying for a Care Order
If the concerns persist, the local authority applies to the Family Court for a Care Order or Supervision Order. An Interim Care Order may be granted, allowing social services to make decisions about the child’s immediate welfare.
➡ Interim Hearings
The court may decide on temporary arrangements, including:
✔ Placing the child in foster care or with another family member.
✔ Allowing the child to stay with parents under strict conditions.
➡ Assessments & Evidence Gathering
The court gathers evidence from professionals, including:
✔ Social workers
✔ Medical and psychological experts
✔ Teachers or childcare providers
✔ Family members and guardians
➡ The Final Hearing
After a 26-week process (except in complex cases), the court makes a final decision. Possible outcomes include:
✔ No Order – If risks are resolved, the child stays with parents.
✔ Supervision Order – The child stays at home with local authority oversight.
✔ Care Order – The child is placed into foster care or with a relative.
✔ Placement Order – The child is placed for adoption.
Your Rights as a Parent
Parents facing care proceedings have several important legal rights, including:
✅ Legal Representation – Parents are entitled to free Legal Aid, ensuring they have a solicitor to represent them.
✅ The Right to be Heard – Parents can present evidence, call witnesses, and challenge the local authority’s claims.
✅ The Right to Family Placement – If a child cannot stay at home, relatives can be considered for their care.
✅ The Right to Appeal – If a decision is unfair, parents can challenge it through legal means.
How MB Law Solicitors Can Help
At MB Law Solicitors , we provide expert guidance and representation in care proceedings, ensuring your voice is heard. We offer:
✔ Urgent Legal Representation – Our team acts quickly to protect your rights.
✔ Support during PLO Meetings – Helping parents negotiate with social services before court action.
✔ Representation in Court – Presenting strong legal arguments to keep families together.
✔ Appeals & Challenges – If a decision is unfair, we can help you appeal.
