Care Proceedings is a term used to describe the process where the Local Authority make an application to the court because they are concerned that a child is at risk of or has suffered significant harm. Within the court process the Local Authority have to produce evidence to demonstrate what harm they allege a child has suffered or is at risk of suffering. The Local Authority have to link the harm or risk of harm to actions of the parents or carer of the child in order to prove on a balance of probability that the harm is attributable to the lack of care provided by the parent or carer. This is referred to as the threshold criteria. 

The court can only make a Care Order or a Supervision Order if there is evidence that a child has suffered or is at risk of suffering significant harm and the harm caused is linked to a deficit in the parent or carers, care of the child. The threshold criteria can also be met if a child is at risk of or has suffered significant harm because they are beyond the control of their parents. The Local Authority will describe in the documents that they prepare for the court proceedings what type of harm the child has suffered or is at risk of suffering, this could be neglect, emotional harm, physical harm or sexual harm.

If the court makes an Interim Care Order it enables the Local Authority to share Parental Responsibility with the child’s parents and means that the Local Authority can make decisions about where your child lives as well as decisions about their education and health. If the court makes an Interim Supervision Order it enables the Local Authority to “advise, befriend and assist” the child which often means offering support to the parents to reduce the risks to the child.

Care proceedings must start and finish within 26 weeks although sometimes the proceedings are extended, full justification for any delay must be provided to the court. The courts paramount consideration is the child’s welfare and the court will make decisions as quickly as possible. During the court process a number of assessments will be completed with reports being prepared to assist the court make safe final decisions for the child. As a parent in this situation you will always have a right to respond to and challenge the evidence and assessments produced by the Local Authority and we will assist you with this.

In all care proceedings the Court appoints a CAFCASS officer, often referred to as a Children’s Guardian from an organisation called CAFCASS. CAFCASS is an organisation that are independent of the Local Authority. The CAFCASS officer will provide an independent voice to the Court about the child’s needs, wishes and feelings.

Care proceedings are often complex and it is essential that parents and carers have independent, expert advice at the earliest opportunity. At Straw & Pearce we have five Solicitors in our team, four of whom are members of the Law Society accredited Children’s Panel, that means we are recognised as experts in our field. We are here to listen, advise and guide you through the process from start to finish. If you are a parent or have Parental Responsibility for a child who becomes subject to care proceedings you will automatically be entitled to legal aid which means that regardless of your financial situation you will receive free legal advice and representation during the court proceedings.

Contact the team at Straw & Pearce to find out more.