Increase In Care Proceedings Due To The Coronavirus

Since the beginning of the coronavirus lockdown, it has been reported that there has been a rise in the number of urgent care proceedings in the family Courts.

The reasons for the rise has been attributed to various factors, which includes:

• Families having to spend a lot more time together;
• Increased alcohol consumption by parents;
• Families living in confined spaces; and
• Money worries brought about by the pandemic.

The Guardian has reported that some Courts have seen a fivefold increase in the amount of care proceedings during the coronavirus lockdown, which is consequently putting more of a strain on the Courts.

The current circumstances brought about by the coronavirus and the regularly updated guidance that is being issued by the Government means that this is obviously a distressing and worrying time for most, specifically parents with children who are in care or currently involved in care proceedings.

Care proceedings and the coronavirus

Below, we have answered some questions which our expert Children Law team have been receiving.

We have been informed that the Local Authority are making a care application to Court in respect of our children. What should we do?

The Court will want to ensure that your children are protected, and taking them into care is not a decision they will make lightly. The Local Authority will give notice that they intend to issue proceedings to remove your children from your care, and will try to work with you to resolve the issues.

The Local Authority should only make a formal care application where there is a significant risk of harm or a likelihood of harm to the children. They will need evidence to do so. If a Local Authority raises concerns about the care of your children, they may:

• Make a Section 47 referral to investigate the concerns;
• Apply to the Court for an emergency protection order, allowing them to remove your children from your care and place them into Local Authority care; and/or
• Apply to the Court for a care or interim care order.

As soon as a Local Authority becomes involved with your family, you should seek legal advice and assistance. Parents with children, who are involved in care proceedings, automatically qualify for legal aid, and this is not dependent on financial circumstances.

Our children are currently in care, will we be allowed to see them?

If an interim care order or a full care order is in place for your children, then the Local Authority has obtained “parental responsibility” and are able to determine issues, such as where the children live.

With both care and interim care orders, whilst the Local Authority obtains overall parental responsibility of the children, it doesn’t necessarily mean those with parental responsibility lose their own legal rights in relation to the children. It just means that the Local Authority has the final say on decisions in relation to the children and what is in their best interests.

Contact between parents and children in care can be refused by a Local Authority if they deem that it shouldn’t take place due to safeguarding reasons. As a result of the coronavirus pandemic, it could be deemed that it could pose a risk to the health of the children (or even the parents) were they to have direct contact and potentially be exposed to the virus.

If the Local Authority decide that contact should not take place, they must outline (in writing) the reasons for this and for how long contact is likely to be suspended for (if contact is suspended by more than seven days then the Local Authority must obtain consent from the Courts). Should parents disagree with the Local Authority’s suspension of contact then it can be challenged.

Conversely, parents and potentially also other family members can ask the Court for an order to allow contact with the children to take place. As always, the Court will act in the best interests of the children.

We are currently involved in on-going care proceedings. How will the coronavirus impact the case?

Many of the family Courts are having to operate remotely due to the coronavirus. However, despite this, the Courts are doing their best to operate as normally as possible, albeit with Court dates being subject to change and the way hearings are taking place (e.g. by video or telephone call).

The urgency in which each case is processed and how is it conducted (e.g. by video or phone) will very much depend on the specific circumstances of the case (e.g. the Courts will give greater priority to more urgent cases).

An experienced children law solicitor should provide you with regular updates regarding your case, providing tailored advice and assistance.