Care Proceedings Solicitors
When a Local Authority issues Care Proceedings, it is essential to seek expert legal advice and representation to navigate the complex legal process and achieve the best outcome for the child and their family.
At Garratts, our team of expert care proceedings solicitors provides high-quality, specialist legal advice and representation, ensuring that your voice is heard throughout the proceedings. We are committed to achieving the best outcome for your child and family.
All our solicitors are accredited children panel members. We provide comprehensive advice and representation throughout every stage of the care proceedings process, offering the expertise and support you need during this challenging time.
In most cases, non-means tested and non-merit tested legal aid is available for Care Proceedings.
If you need assistance with Care Proceedings, please do not hesitate to contact us. We are here to help you through this difficult time and to ensure that your child's welfare and your family's wellbeing are protected. Call us on 0161 665 3502 or request a callback via our contact form.
Childcare Law - Areas of Expertise
At Garratts Solicitors, we understand that care proceedings can be a difficult and emotionally challenging experience for families. That's why our experienced care proceedings solicitors are here to provide you with the legal advice and support you need throughout the process.
Our team of experts have extensive knowledge in all aspects of public law proceedings, including care proceedings, the PLO process, applications for supervision orders, adoption cases, contact with a child in care, discharge of a care order, placement applications, and special guardianship orders.
We will work closely with you to ensure that your best interests are represented at every stage of the process.
- The Public Law Outline (PLO)
- Special Guardianship Orders
- Supervision Orders
- Safeguarding Issues
- Pre-Proceedings
- Care Orders
- Secure Accommodation Orders
- Wardship and Inherent Jurisdiction Orders
- Police Powers of Protection
What are Care Proceedings?
Care Proceedings in England and Wales are legal proceedings initiated by a local authority when they believe that a child may be suffering, or is likely to suffer, significant harm attributable to the care afforded by the parents or the child being beyond parental control.
The purpose of these proceedings is to determine whether the child requires care or supervision and whether the local authority should take steps to protect the child. This could involve an application to court for your child to be removed from your care and placed outside of the family.
The proceedings are brought within the family court and involve a range of different parties, including the local authority, the child’s parents or carers, a court-appointed Guardian, and a solicitor for the child. The court will consider evidence from all parties, as well as from any experts or professionals involved in the child's care.
If the court decides that the child needs to be subject to a care order, this enables the local authority to share parental responsibility for the child with the parent. It does not remove the parents’ parental responsibility.
Care Proceedings can be complex and emotionally charged, and it is important for anyone involved to seek specialist legal advice and support.
Care Proceedings Hearings
Care Proceedings Hearings are a crucial part of the legal process in England and Wales when it comes to safeguarding vulnerable children. These hearings take place in the Family Court and involve a range of parties, including the local authority, the child, and their parents or carers.
There are several different types of hearings involved in the Care Proceedings process, including:
Case Management Hearing (CMH)
This is usually the first hearing in the Care Proceedings process. The main purpose of this hearing is to set out the issues that need to be resolved and to ensure that the case is being managed appropriately. Sometimes, there is an urgent hearing for the court to consider a child’s immediate circumstances.
The parties will discuss any evidence that has been gathered so far, any assessments that need to be completed, and any steps that need to be taken to move the case forward. The court may also set a timetable for the proceedings and make directions for any further evidence or assessments that are needed.
Issues Resolution Hearing (IRH)
The Issues Resolution Hearing is an opportunity for the parties to try to reach an agreement on the issues in dispute. The court will review the evidence that has been gathered so far and identify any areas of agreement or disagreement between the parties.
Moreover, the court may also make recommendations for further evidence or assessments that need to be carried out. This hearing aims to help the parties settle on the issues in dispute without the need for a full trial. If an agreement cannot be reached, the court will set a timetable for the final hearing.
Final Hearing
The Final Hearing is the last stage of the Care Proceedings process and is where the court will make a final decision on the case. The court will hear evidence from all parties, including any experts or professionals involved in the child's care. It will also consider all the evidence presented and make a decision based on what it believes to be the best interests of the child.
If the court decides that the child requires care or supervision, it may make one of the following orders:
Care Order
A care order gives the local authority parental responsibility for a child. This order is normally made when a child cannot return to the care of the family and where the plan of the local authority is one for the child to remain either outside of the family in long-term foster care or with a family member. The local authority then becomes the child’s corporate parent.
Supervision Order
A supervision order requires the local authority to assist and befriend the child, giving them an obligation to provide support services when required. This order is usually made when the child remains in the care of their parents or carers.
Special Guardianship Order
A special guardianship order confers parental responsibility and care for the child. The local authority does not share parental responsibility, and the parental responsibility is stronger than that of the parents. This is usually made when the child cannot live with their birth parents and can live with another family member or someone who has a significant connection with the child.
Placement Order
A placement order authorises the local authority to place a child for adoption. It gives local authority the power to place the child with prospective adopters without the birth parents' consent. Before making a Placement Order, the court must be satisfied that nothing else will do and has to take into account the child’s welfare throughout the child’s life.
Throughout the process, all parties should seek legal advice and representation from a specialist childcare law solicitor who can provide expert advice and support, helping to ensure that the best possible outcome is achieved for the child and their family.
