When concerns arise about a child's safety or welfare, the local authority has a legal duty to act. In some cases, this leads to care proceedings, a formal legal process initiated in the Family Court. These proceedings can feel overwhelming for families, especially when they're unfamiliar with what to expect.
What are Care Proceedings?
Care proceedings are legal proceedings brought by the local authority (children's services) when the threshold in respect of a child has been met. This threshold is met when the local authority consider that a child has suffered, or is at risk of suffering, significant harm. Through these proceedings, the local authority may apply for a care order or a supervision order, which gives them certain responsibilities and powers concerning the child's care.
The court should conclude care proceedings and make final decisions for a child within 26 weeks, unless there are exceptional reasons to extend this timeframe.
The Pre-Proceedings Process
Before applying to the court, the local authority may initiate a pre-proceedings process. This is a formal step that gives parents a final opportunity to address concerns and avoid court action.
As part of this process, you will receive a Letter Before Proceedings. This letter will:
- Invite you to a pre-proceedings meeting with a social worker;
- Provide details of when and where the meeting will take place;
- Outline the concerns the local authority has about your child's welfare;
- Specify the changes they expect you to make, and how they can support you to achieve these;
- Set out a series of steps they ask you to agree to take to make these changes. This will probably include engagement with various assessments;
- Advise you on how to get legal representation;
This stage is your chance to work with the local authority, with legal advice, to demonstrate you can safely care for your child. However, if there is an immediate risk to the child, the local authority may issue care proceedings without going through this stage.
Interim Removal Hearing
When the local authority issue proceedings and they have immediate concerns for a child's safety, they may seek permission from the court to remove the child from their home and place them with a family member or in foster care. If this is their plan, they will seek an urgent hearing for the court to consider this. Parents will have the chance to consider the application and to instruct and discuss the proposals with a solicitor. They will be given notice of the date and time of the hearing and will be expected to attend to make their position clear to the judge. The court will consider whether the threshold has been met and whether the interim proposal is in the child best interests on the basis of the evidence available. The court can only sanction the removal of a child at this stage if it is satisfied that the child's immediate safety demands this and that there is no support that could be provided to prevent the child's removal.
The Case Management Hearing (CMH)
Once care proceedings are issued, the court will list a Case Management Hearing (CMH) which will usually take place about 3 weeks after the application is issued. No final decisions are made at this point, but the court will:
- Review the local authority's application and proposed care plan (unless this has already been done at an urgent hearing);
- Consider their threshold statement, setting out the facts the local authority on to say that the threshold for the issue of proceedings has been met and the parents' responses to this statement;
- Identify the key issues in the case;
- Consider what evidence needs to be gathered and any assessments which may be required;
- Set a timetable for how the case will progress.
This hearing sets the timetable for the case and ensures all parties are aware of what is expected of them and when.
The Issues Resolution Hearing (IRH)
After all of the evidence has been gathered and the local authority has reviewed everything, it will use the information to formulate final plans for the children. After their final plans have been received, the court will list an Issues Resolution Hearing at around 19 weeks to determine whether the parties can agree on the long-term arrangements for the child. At this stage, the court explores whether consensus can be reached on issues such as:
- The alleged facts contained in the threshold statement;
- The final care arrangement for the children including where they will live and who they will spend time with;
- Any orders which are needed to allow or support this placement.
If agreement cannot be reached, the court will identify the unresolved issues and set a date for a Final Hearing, where those matters will be determined by a judge based on the evidence presented.
The Final Hearing
The Final Hearing is listed if the plans for children cannot be agreed. At this hearing, the court will hear evidence and all parties will have the chance to test the evidence to assist the court in making legally binding decisions about the child's future care arrangement.
The judge will listen to oral evidence from the parties involved, including social workers, other professionals, experts instructed in the case, parents and the Children's Guardian before making a decision that reflects the best interests of the child.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
