If you’re a parent and have recently received a letter from your local authority about care proceedings, you may be feeling overwhelmed, confused, and anxious. As lawyers working in family law, we often meet parents who are facing this situation for the first time. This guide is here to help you understand what care proceedings are, why they happen, and what to expect.
What are care proceedings?
Care proceedings are legal cases brought by a local authority (often referred to as “children’s services” or “social services”) when they believe a child is suffering or is at risk of suffering significant harm. These proceedings take place in the Family Court and are governed by the Children Act 1989, particularly Section 31, which sets out the legal threshold that must be met before the court can make a Care Order or Supervision Order.
The aim of care proceedings is to ensure the safety and welfare of the child. The court will consider whether the child should:
- Stay at home with their parents under supervision
- Live with another family member
- Be placed in foster care or, be considered for adoption
Why might care proceedings start?
Local authorities don’t start care proceedings lightly. They must have strong evidence that a child is at risk. Common concerns include:
- Neglect (e.g. poor living conditions, lack of supervision)
- Physical or emotional abuse
- Domestic violence
- Substance misuse by a parent or carer
- Mental health issues affecting parenting capacity
Before going to court, the local authority will usually try to work with the family through a process called Pre-Proceedings.
What happens during care proceedings?
If the local authority believes your child is at risk, they will apply to the Family Court for an order. The process typically includes:
- Appointment of a CAFCASS (Children and Family Court Advisory and Support Service) Guardian: The term Guardian can be scary, however the CAFCASS Guardian has no legal rights over you child. They are appointed by the Court to ensure the child(ren)s voices are independently heard in proceedings.
- Case Management Hearing (CMH): This hearing will set the timetable and identifies key issues.
- Interim Orders: These are temporary decisions about where the child lives during proceedings.
- Assessments: These can be of parenting capacity, family members, and the child’s needs.
- Issues Resolution Hearing (IRH): This explores whether agreement can be reached.
- Final Hearing: If a decision cannot be reached at IRH the judge will make a decision about the child’s future.
The law aims to conclude care proceedings within 26 weeks, although complex cases may take longer.
How can we help you?
Our role as lawyers is to work with and support parents during this process and we will:
- Explain the legal process in plain language
- Prepare documents and statements
- Attend court hearings and advocate for your position
- Liaise with the Local Authority and other professionals
- Help you understand your rights and responsibilities
We’re here to support you every step of the way, ensuring your voice is heard and your child’s best interests are protected.
Final thoughts
Facing care proceedings can be one of the most difficult experiences for any parent. But you don’t have to go through it alone. Legal aid will be available, and there are specialist professionals who are here to help you understand the process and fight for the best possible outcome for your family.
If are worried about care proceedings, seek legal advice immediately. The earlier you act, the more options you may have.
Get in touch
Jade Russell is a Paralegal specialising in family law and children law matters, including care proceedings, parental responsibility, and child arrangements.
If you would like advice in relation to the points raised in this article, please contact Jade or another member of the team in Derby, Leicester, or Nottingham on 0808 258 0461 or via our online form.
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