Child Care Solicitors in Birmingham

The Local Authority’s social services department has a duty of care towards all children. If they believe a child is at risk or has received inadequate care, they can intervene. The preferred solution is to keep families together; however, in some circumstances, this may not be possible.

Social services cannot simply take away your children, for this to be considered there must be one of two factors. The first is a Court Order and the second is the agreement of the children’s parents. If you have received notification that an application to remove your child/children has been made, get in touch with a child care solicitor to gain legal representation and advice on how best to proceed.

Children can only be removed from their family home for up to 72 hours when the safety of the child is questioned and the police are involved. This process is possible due to police protection powers, such as a ‘public law’ case.

The Public Law Outline is the government’s legal structure for care proceedings, including the pre-proceedings process. What this means is that all social service departments must follow the same protocol when raising concerns about a child’s level of care. The only time this practice will not be followed is during very extreme circumstances.

The pre-proceedings process aims to inform all relevant parties about the Local Authority’s concerns, and the changes they would like to see. It allows parents to make the necessary alterations, while social services assess the needs of the child and their family. During this phase, the wider family and friends network will be explored to see if any additional support can be provided.

When this line of action is taken, the social services must send the parents, and anyone else with parental responsibility, a letter indicating the start of the pre-proceedings process. This correspondence is often followed up by a meeting where a plan of action is agreed upon for the next 12 weeks. The pre-proceedings process aims to avoid escalating the concerns in court. Therefore, as a parent or guardian, you are expected to have a child care solicitor present.

It is possible to appeal against the decision to the conclusion of your child’s care proceedings. If the court has recommended for your child to be placed into foster care, your next course of action is to apply to discharge the care order.

Child care proceedings, once the initial application has been submitted, aim to be resolved within 6 months (24 weeks). However, these timings are very case dependent.

If a Local Authority still has concerns about a child’s level of care after the pre-proceedings process, the care proceedings will advance to court. At the end of the court care, the Judge can insist on one of four different child care orders to be actioned. They will decide between:

• Supervision Orders – these decisions see the children and parents supported by the Local Authority for 12 months. Social services will advise and assist in the child’s care; however, it does allow the family to remain together. Supervision Orders can be extended for two more years if the Local Authority deems it necessary.
• Special Guardianship Orders – this ruling sees the children cared for by Special Guardians, such as family members. As guardians, they gain parental responsibility and will have the say in matters concerning the children’s welfare.
• Care Orders – when a Care Order is implemented, the children’s care is handed over to social services. This responsibility will include all matters concerning their education and health. The parents will still have some input, but the daily decisions are made by the authority. In these rulings, the children will live with a foster family or another family member.
• Placement Orders – these orders are insisted to support a Care Order. This decision will begin a process to look for an appropriate adoptive family for the children to permanently reside.
• Interim Care Orders – these orders are only applicable for an outlined period of time. Interim Care Orders are used to allow the court more time to come to a decision. During this period, parents/guardians can continue to address raised concerns, while their child temporarily resides with a foster family.
• Interim Supervision Orders – similar to Interim Care Orders, these arrangements are only applicable for a set period of time. However, when an Interim Supervision Order is ruled, the child is deemed safe to reside at home with their parents/guardians. The social services will remain involved, offering the parents/guardians support throughout the duration of the order.
• Police Powers of Protection – authorised by special protective powers, the police can remove a child from their home address if they are deemed at risk of severe harm. This child can only be removed for a maximum of 72 hours; however, this action is often followed up by an Emergency Protection Order or Interim Care Order.
• Emergency Protection Orders – these orders are only used in extreme circumstances, authorising a child to be removed from their home for a maximum of eight days. During this time, the child’s care is the responsibility of the social services. In exceptional instances, where a child is still at risk of harm, these orders can be extended for a further week.

Care and Supervision Orders are normally only implemented when the children have previously been deemed as at risk of suffering harm within their current care. Most child care proceedings conclude with an Interim Care Order.

The large majority of child care proceedings conclude with the implementation of an Interim Care Order or Interim Supervision Order. These are temporary orders that place the care of the child/children as a shared responsibility between the parents and the Local Authority.

Interim Care Orders are used to delay the court’s final decision, giving the court and Judge more time to assess all of the information before agreeing on a long-term arrangement. In most cases, these care orders last from 8 weeks to 26 weeks.