Care Proceedings
If a medical professional, teacher, or social worker is worried about the welfare of a child, they may contact the local authority to report their concerns. After looking into the report, social services may decide that further intervention is required to keep the child safe. To do this, they may decide to open a court case (often referred to as a public law case or care proceedings) to seek a care order or supervision order.
If care proceedings have been issued against you and you’re in need of legal advice, Nash & Co Solicitors in Plymouth can help you.
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What are care proceedings?
Simply put, care proceedings are legal proceedings that have been issued against parents by the local authority’s social services. These orders are made when a child may have been harmed non-accidentally, or a social worker believes that a child is at serious risk of harm.
If a child has suffered an injury and has been taken to hospital, sometimes the doctors may be worried about how these their injuries may have occurred. If the injuries are thought to be non-accidental (i.e., inflicted on the child), medical professionals may be concerned that you are not looking after the child properly. The local authority can also be contacted if a person suspects a child is being neglected, suffering physical or emotional harm, experiencing sexual abuse, witnessing violence or is living in an environment where drugs or alcohol are being abused.
The orders that a court can make
If care proceedings have been issued, there are a number of different orders that a court can make:
A Care Order sees parental responsibility granted to the local authority. They will have the final say over things such as healthcare, education and day-to-day care. The child may be placed with a foster family or another family member.
A Placement Order takes the care order one step further, if it’s thought that the child needs to be adopted.
A Supervision Order sees the child remain with their family, under the supervision of the local authority.
A Special Guardianship Order allows appointed people (known as special guardians) to have parental responsibility, alongside the child’s parents.
call Speak to one of our Family Solicitors on 01752 827024
How Nash & Co Solicitors can help
We have specialist family law solicitors who are members of the Law Society’s Children’s Panel. Our team represent parents and children in care proceedings. If your child is taken into care, we can help you to understand what will happen next.
We know these situations can be very complex, emotional and difficult, but we’re here to support you. We will use simple terms to explain what is happening every step of the way and ensure you understand what’s happening. We’ll explain how your child will be cared for and what rights you and your child have. Our family law experts can also accompany you to meetings and represent you if the case goes to court.
What happens in court?
Parents accused of inflicting non-accidental injuries may have to defend themselves against charges of child abuse while their child is taken to live with relatives or taken into care. In most situations, however, Social Services will try to work with families to avoid them having to go to Court.
You may have received a letter from them stating that they are going to start ‘pre-proceedings’ and you will be advised to take this letter to a solicitor immediately. This is the step before Court proceedings, and it must be taken seriously. It’s vitally important that you have legal representation during this process. If Social Services are not happy with the progress that you are making, they might start Court proceedings.
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Fill out the form below and let us know whether you would like us to call you, or email you. One of our family team will be in touch as soon as we can.
If your enquiry is urgent then please call us on 01752 827024.
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