Child Care Solicitors in Nottingham

The Local Authorities tend to look into a child’s care when there are known cases of the following circumstances:

• Neglect and mistreatment, especially in cases of physical abuse and even in alleged non-accidental injuries, including broken and fractured bones, as well as bruising
• Reports of sexual abuse, domestic violence and general abuse, including child sexual exploitation
• Misuse of drugs and alcohol
• Causes of mental health issues and emotional harm
• When there are known records of the shaken baby syndrome, subdural or retinal haemorrhages or developmental delay
• If there are learning difficulties or disabilities in the family
• When an Official Solicitor is involved
• If there is an international element to a case

When a Local Authority has concerns regarding a child’s care and welfare, their first course of action is to send a pre-proceedings letter outlining their concerns to the parents/guardians. This starts the pre-proceedings process. In instances where the PLO meeting does not see improvements, or if there are still concerns, the case will progress to court.

As the child care proceedings develop into a ‘public law’ case, the social services will suggest an order to the court to accompany the case. The order can be one of the following:

• Interim Care Order – the majority of child care proceedings are concluded with a temporary order. Allowing the court more time to gather and review evidence, an Interim Care Order gives the parents/guardians time to improve the child’s care in time for a Judge’s final assessment. During this time the child is often placed in foster care or with another family member; however, reasonable contact with their parents is encouraged.
• Interim Supervision Order –  Throughout the court case, it can be agreed for a child to remain at home. When this is decided an Interim Supervision Order is ruled for the period of the proceedings. The family will continue to receive support from the social services throughout the agreed period.
• Supervision Order – an order which insists on the involvement of social services in the child’s care. The child will continue to reside with their parents; however, a social worker will advise, assist and support the family in the child’s care. A Supervision Order is initially implemented for 12 months, but it can be extended for an additional two years.
• Special Guardianship Order – this removes a child from their home address and places them with a Special Guardian after proceedings. The guardian gains all parental responsibility, taking on decisions regarding the child’s welfare. In most cases, the allocated guardian will be another family member or someone who is known to the family.
• Care Order – this order is more extreme and only used when a child has come to harm or is at risk of coming into harm. Under this ruling, the child is removed from their home address and placed with a foster family The responsibility for the child’s day-to-day welfare is placed with the Local Authority.
• Placement Order – accompanying a Care Order, this order sees the adoption process put into progress and the search for an appropriate adoptive family. The order enables the social services authority to place the child for adoption outside of the wider family circle. Once a suitable placement is found, an Adoption Order will follow.
• Police Powers of Protection – The police have the authority to remove a child from their home environment with special protective powers. These powers are only used when a child is at imminent risk of harm, and they only last for a maximum of 72 hours. Police protection can then be followed up with an Interim Care Order or Emergency Protection Order to further guarantee a child’s safety.
• Emergency Protection Orders – When a child is at risk of harm, a court may feel an Emergency Protection Order is needed to keep them safe. This order removes the child from the family for a maximum of eight days, handing the care of the child to the social services. It is possible to extend the order for a further seven days, but this is only carried out in extreme circumstances.

All proceedings aimed to be completed and resolved within six months (26 weeks) from when the first application was made.

When parents and guardians are faced with Child Law Proceedings or Advanced Family Law Cases, the expertise and support of a child care solicitor are crucial. When there are questions or issues surrounding a child’s care and welfare, specific processes must be adhered to and these come hand-in-hand with legal jargon and protocols. In having a solicitor to guide you through, you can focus on your child and allow them to take care of all the pressured deadlines and collation of evidence. These can be extremely emotional times, having someone to explain the facts and take care of the process will stand you in good stead for a result that best suits your child’s needs.