Child Care Proceedings
We provide a free legal aid assessment for child care cases, helping you find out if you’re eligible for support with your legal fees.
At a Glance
- Urgent Representation: Immediate help is available for Care Orders, Supervision Orders, and Public Law Outline (PLO) meetings.
- Funding: Parents are automatically entitled to Legal Aid in care proceedings regardless of income.
- Timeline: The Courts aim to conclude cases within 26 weeks (6 months).
What are Child Care Proceedings?
Child Care Proceedings are a legal process initiated by Social Services (the Local Authority) when they believe a child is at risk of significant harm. Under the Children Act 1989, the court determines if the child should remain at home, be placed with a family member, or be taken into foster care.
Do I Qualify for Legal Aid?
If the Local Authority has applied for a Care Order or a Supervision Order, you are entitled to Legal Aid free of charge.
- For Parents: You are automatically entitled to funding, regardless of your income or financial position.
- For Family Members: Other parties (such as grandparents) can also apply for Legal Aid, subject to a means and merits test.
Are Social Services involved? You may be entitled to free legal advice. Call our Emergency Team on 0345 894 1622.
Why Social Services Get Involved
Social Services will intervene if they have “reasonable cause to suspect” that a child is suffering, or is likely to suffer, significant harm.
Common triggers for investigation include:
- Neglect: Concerns regarding feeding, washing, or general care standards.
- Abuse: Allegations of physical violence, sexual abuse, or emotional harm.
- Education: Suspicions that the child is not receiving the correct education.
- Physical Appearance: Unexplained injuries or concerning behaviour.
The Local Authority will often try to resolve these issues through the Public Law Outline (PLO) procedure before.
Emergency Removal
In extreme cases where a child is in imminent danger:
- Police Protection: The police can remove a child for up to 72 hours.
- Emergency Protection Order (EPO): The Court can authorise removal for up to 8 days.
- Voluntary Removal (Section 20): Parents may consent to temporary removal under a Section 20 Agreement
The Care Proceedings Timeline (The 26-Week Limit)
The Courts aim to conclude all care cases within 26 weeks (6 months). The table below outlines the standard process you will face once proceedings are issued.
| Stage | What Happens |
| Application | Social Services issue proceedings. You must contact a solicitor immediately. |
| Case Management Hearing (CMH) | The first major hearing to establish how the case will be decided and what assessments are required. |
| Contested Removal Hearing | If you do not agree to removal, the Judge decides where the child lives temporarily via an (Interim Care Order). |
| Assessments | Social workers assess your parenting capacity. You may be asked to provide a statement. |
| Issues Resolution Hearing (IRH) | After evidence is gathered, the Court attempts to resolve issues without a full trial. |
| Final Hearing | The Judge hears all evidence and makes a final decision on the child’s long-term future. |
Types of Court Orders
At the Final Hearing, the Court will make one of the following orders:
- Placement Order: The Court authorises the Local Authority to place the child for adoption.
- Care Order: The Local Authority gains Parental Responsibility for the child. Theymake day-to-day decisions regarding housing, education, and health. The child is usually placed in foster care.
- Supervision Order: The child remains at home, but the Local Authority has a legal duty to “advise, assist, and befriend” the family. This order typically lasts 12 months.
- Special Guardianship Order (SGO): A family member (e.g., a grandmother) gains Parental Responsibility and the child lives with them permanently. This outcome effectively removes the child from the care system.
How We Protect Your Family
At Cartwright King, our Legal 500 solicitors specialise in keeping children within the family.
- Urgent Intervention: If Social Services apply for an Interim Care Order or Emergency Protection Order, we take urgent action to represent you at the first hearing. We challenge the removal of your child and argue for them to remain at home or with a relative.
- Managing the Local Authority: We ensure Social Services follow the correct procedures and represent you at pre-proceedings meetings (PLO) to stop the case from escalating to court.
- Representing Grandparents & Relatives: We specialise in keeping children within the family. We advise grandparents and family members on becoming Special Guardians or approved carers so that children do not enter the foster care system.
- Complex Defense: Our team is experienced in defending against serious allegations, including:
- Non-accidental injuries and abuse allegations.
- Mental health or substance abuse issues.
- Cases involving Non-UK Nationals
- Challenging Orders & Post-Care Issues: The legal battle doesn’t always end at the final hearing. We support parents with:
- Discharging Care Orders: Applying to the Court to have a Care Order stopped so your child can return home.
- Contact Disputes: Ensuring you get fair contact with your child while they are in foster care.
- Opposing Adoption: Fighting Placement Orders to prevent your child from being adopted.
How Our Child Care Proceedings Solicitors Can Help…
Frequently asked questions.
Can Social Services remove my child without a court order?
Generally, no. Unless the police exercise protective powers (72 hours), Social Services cannot remove your child without a Court Order or your written consent (Section 20).
What happens if I don’t agree with the social worker?
You are a party to the proceedings and will receive all evidence and documents Social Services use. Our solicitors help you challenge their assessments and present your own evidence to the Judge.
Where will my child live during proceedings?
If an Interim Care Order is made, the council decides where the child lives. This could be with a relative, a foster carer, or in a residential home. We will always argue for the child to stay with a family member if they cannot stay with you.
How can I contact Cartwright King?
We have offices across the UK, including London, Birmingham, Manchester, and Leeds.
Local roots. National coverage.
Cartwright King is a UK-wide law firm with truly local roots. We have legal professionals actively working on cases across the country, providing the best advice and representation.
