Care proceedings
Care proceedings can feel daunting. They usually start when the Local Authority believes a child has suffered, or is at risk of suffering, significant harm. The Local Authority applies to the family court, and a judge decides whether an order is needed to protect the child.
Legal Aid
When care proceedings are issued, parents (and others with parental responsibility) are usually entitled to Legal Aid automatically. This is not means-tested, so eligibility does not depend on income, and it is not merits-tested.
If you are involved in the case but do not have parental responsibility (for example, a grandparent), Legal Aid may still be available but it will usually depend on a means and merits assessment. If funding is granted, it can be reviewed and may change if your circumstances change.
What to expect
If children’s services believe a child is in immediate danger, they may ask the court for an interim care order at the start of the case. This gives the Local Authority temporary responsibility for the child’s care. Interim orders are often made for up to 8 weeks initially. Most cases should conclude within 26 weeks, although complex cases can take longer.
During proceedings, professionals such as a social worker and an officer from Cafcass will gather information about the child’s situation and what support or protection may be needed.
They will speak with parents or carers and, where appropriate, the children. They may also explore whether wider family members or friends could care for the child if it is not safe for them to remain at home.
The social worker and Cafcass officer will prepare reports for the court, setting out their recommendations. The court will then hold hearings to consider the evidence and decide what arrangements are in the child’s best interests.
- The children
- The parents
- The solicitors representing parents and children
- The council social worker
- The Cafcass officer
If the judge decides the child can return home safely, the child will go back to live with their family. If not, the Local Authority will make alternative arrangements and the court will consider what contact should take place between the child and their parents.
A child’s alternative care arrangements may be:
- Other members of their family
- Friends
- A new family
- A children’s home
- A foster carer
