Care Proceedings

Care Proceedings

Our solicitors are all experts in this area of law and have vast experience representing parents in court, dealing with social workers, judges and the local council along with supporting you through the legal process.

Care proceedings take place when the local authorities have reason to be concerned about a child’s care, whether this is a direct result of the parents or something beyond the parents’ control. There are a number of steps that take place before, during, and after care proceedings, and it’s important that you are fully informed of this process.

Public Law Outline (PLO)

When the local authorities or social services become concerned about a child’s wellbeing, they may issue a PLO before they make a decision on whether or not formal care proceedings are needed.

A PLO is effectively the last opportunity for a parent/parents to demonstrate that they can improve their parenting without court intervention. The PLO process usually takes around three months, although this may be extended if there is any outstanding work, or it may be skipped entirely if the local authorities believe that the child is in any immediate danger.

Higgins Miller can advise you throughout, attend PLO meetings with you and if there are court proceedings, represent you. These matters can have serious and long-term consequences: it can result in children being placed into care. It is essential that you get expert advice from the outset.

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What Happens During Care Proceedings?

If there are court proceedings these can often happen quickly, sometimes with only a few hours warning. We can arrange emergency legal aid and act quickly to represent you. We also operate an out-of-hours service so that we can assist you in relation to very urgent matters. Our out-of-hours telephone number is 07837124732.

If the local authority is not satisfied with the results of the PLO, or they believe that urgent care proceedings are necessary, they will take the case to the courts, where a Family Law Judge will make a decision on what is best for the child in question.

The purpose of these proceedings is to understand the needs of the child and determine whether the parents are capable of meeting those needs, or whether supervision or even intervention is required.

Care proceedings include several parties; the local authority, the child’s parents/carers, a court-appointed guardian, and a solicitor for the child. The Judge will hear evidence from all parties and make a decision on the child’s welfare. This often includes issuing a Child Care Order.

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What Is a Child Care Order?

There are several types of Child Care Orders, and their purpose is to enforce any actions deemed necessary by the courts.

The most common type of order is an Interim Order, which usually lasts between two months to 26 weeks. Its purpose is to outline steps that the parents need to take and provide opportunity for the local authority to observe that sufficient improvements in the child’s welfare have been made. After the interim period is over, the Judge will then decide whether or not their conditions have been met and make a ruling on whether further intervention is needed.

If you find you and your children involved with a social worker and social services, contact us straight away to arrange a consultation. We can advise you about legal aid and the steps that you should be taking.

Other types of Child Care Orders include Supervision Orders, Special Guardianship Orders, Care Orders, and Placement Orders. The conditions of these orders range from ongoing supervision to removing the child from their family and placing them in foster care for their own safety. If you are concerned about your child’s welfare or have been issued care proceedings, then it’s imperative that you seek legal counsel to help you navigate the courts and understand your options.

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To arrange an appointment with one of our specialist children’s care solicitors, please contact us on 0161 429 7251 or email [email protected] .

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