Care Proceedings

Care Proceedings

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Care Proceedings

Care Orders

A Care Order is an order which grants Parental Responsibility for a child to the Local Authority.  This does not extinguish the Parental Responsibility of parents but does grant the overall decision making power to the Local Authority.  


At the commencement of proceedings the Court will consider whether a temporary Care Order, known as an Interim Care Order should be made.  This would ordinarily be made until the conclusion of proceedings when the Court will have all of the information to consider whether a final Care Order should be made.  


To make an Interim Care Order the Court must be satisfied that there are reasonable grounds to believe that a child has or is likely to suffer significant harm as a consequence of the care provided not being what it is reasonable to expect of a parent.  If the Local Authority are asking the Court to authorise the removal of a child from a parents care they must demonstrate that a child's safety requires immediate removal.  

Placement Orders

Before a child can be placed for adoption by the Local Authority there first needs to be a Placement Order.  This order is normally applied for alongside  the final care order.  


If parents do not consent to a plan of adoption the Court must dispense with their consent but can only do so if it is satisfied that the welfare of the child, throughout his/her life requires it.  


Such plans are the last option and that Court requires that all other reasonable options are fully explored.  

Supervision Orders

Like a Care Order a Supervision Order is a public law order.  Unlike a Care Order it does not confer Parental Responsibility upon the Local Authority.  It requires the Local Authority to advise, assist and befriend the child.  


An Interim Supervision Order can be made for the length of proceedings if the Court is satisfied that there are reasonable grounds to believe that a child has or is likely to suffer significant harm as a consequence of the care provided not being what it is reasonable to expect of a parent and that the risks of a child remaining in the care of a parent can be managed under a Supervision Order.  


A final Supervision Order can only be made in the first instance for up to 12 months but an application can be made before expiry to extend for a further two years.  

PLO Meeting

A PLO (Public Law Outline) meeting is the first stage of the child protection legal process. The Local Authority will invite parents to attend a formal meeting with lawyers present. The aim of this meeting is to work together in the hope of avoiding the need to instigate Court proceedings.

Voluntary Accommodation [s20 Consent]

Voluntary accommodation is often referred to by professionals as ‘s20 consent.’


The Local Authority has a duty to provide accommodation to any child in need in their area. This means that they must make arrangements for the care of any child in their area who has been abandoned, or has no person able to exercise Parental Responsibility, or whose carer is prevented from providing suitable care.


In practice, this is used by Local Authorities to enable a child to be removed to a place of safety while investigations as to perceived risks are undertaken, without the intervention of the Court. It is on this basis that Local Authorities seek the agreement of parents before taking steps to accommodate children.


It must be noted that, once given, such consent to a child being accommodated can be withdrawn at any stage. If concerns persist this will likely result in an urgent application to Court to formally approve the child’s placement. The accommodation of a child may be preferable to formal Court proceedings. The best way forward is always dependant upon the specific circumstances.

Funding

Legal Aid is available for parents and people caring for children under a Court order prior to the commencement of care proceedings. This is available regardless of circumstances and covers the full costs of representation, including representation at Court, instruction of experts and so on.

Grandparents who have not cared for children under an order prior to proceedings and interveners do not get automatic legal aid. In such circumstances Legal Aid is means and merits tested. Eligibility will need to be fully assessed and evidenced before accepting instructions.

Interveners

There are two general types of intervener:

Non-parents named in ‘Threshold’

The threshold is the document filed by the Local Authority setting out the basis for why they are seeking to protect a child. This sets out the issues at the time they sought to take protective measures. Often this may include a partner of a parent who is accused of having injured a child or subjected the parent to domestic abuse causing harm or exposing the child to the risk of harm, either physical or emotional.


It is only right in such circumstances that the person accused by the Local Authority have the opportunity to deny the allegations against them and challenge the evidence.


The Court is able to make findings in respect of such allegations, even if a criminal prosecution has failed or not been pursued. This is because the Family Court must make a determination on the balance of probabilities rather than the criminal standard of proof, beyond reasonable doubt.


If findings are made against a person in family proceedings there are implications for that person for the rest of their life. There would likely be Local Authority involvement arising from any contact they have with children.

Alternative carers who want to challenge a negative assessment

At the start of a case the Court will want to identify all potential options for the care of children. This will include identifying and assessing alternative long-term carers, such as grandparents, who can care for the children if the Court ultimately determines that the parents cannot. It should be noted that this process does not in any way indicate that the parents have been ruled out, but is simply a necessity to ensure the Court is aware of all the options in good time. It is best practice to provide details of alternative carers at the earliest possible stage.  


Often carers proposed by parents may receive a negative assessment from the Local Authority. In such circumstances the Local Authority should provide them with a copy of their assessment and advise them of their right to obtain legal advice as to the viability of challenging that assessment. Often the Local Authority will fund such initial advice.


If an alternative carer disagrees with the Local Authority assessment, they may be able to apply to intervene in the proceedings. This allows them access to relevant case papers and is usually followed by further applications for independent assessment. It may be the case, especially if no application is made until late in proceedings, that the alternative carer will seek to cross-examine the social worker.

Contact Us

Contact Us

Contact Breslin Solicitors

First Floor, 1 Wilton Street, 
Bradford, BD5 0AX
07595972323
mail@breslin-solicitors.co.uk
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