Information for Parents, Carers and Families
If Children’s Services believe that a child cannot be kept safe through support, Child Protection planning or the Public Law Outline (PLO) process, they may ask the Family Court to become involved.
This is known as Care Proceedings.
For most families, this is a very worrying time. It is important to remember that the court’s role is to make decisions that are in the best interests of the child and to ensure they are safe, well cared for and able to achieve the best possible outcomes.
What Are Care Proceedings?
Care Proceedings are legal proceedings in the Family Court.
The local authority starts Care Proceedings when it believes a child may not be safe without court involvement. The court then considers evidence from a range of people before making decisions about the child’s future.
The court will consider:
- The child’s safety and wellbeing.
- The child’s wishes and feelings.
- Information from parents and carers.
- Reports from Children’s Services.
- Information from other professionals.
- The support provided to the family so far.
What Happens Before Care Proceedings Start?
In most cases, families will have been through the Public Law Outline (PLO) process first.
During PLO:
- Concerns are explained clearly.
- Families are offered support.
- Parents can access free legal advice.
- A plan is agreed to help improve the situation.
If professionals believe the child still cannot be kept safe, the local authority may apply to the Family Court.
What Happens When the Case Goes to Court?
The court will arrange hearings where information is considered carefully.
The judge will listen to:
- Parents and carers.
- Children’s Services.
- Solicitors.
- Independent professionals, where required.
- The child’s views and wishes in an age-appropriate way.
The court’s focus is always on what is best for the child.
Will I Get a Solicitor?
Yes.
Parents involved in Care Proceedings are entitled to free legal representation.
Your solicitor will:
- Explain the court process.
- Help you understand reports and evidence.
- Speak on your behalf.
- Support you throughout proceedings.
You should seek legal advice as soon as possible if Care Proceedings are started.
Who Speaks for My Child?
The court appoints an independent children’s representative, known as a Children’s Guardian.
The Guardian’s role is to:
- Meet the child.
- Understand their wishes and feelings.
- Consider what is in their best interests.
- Make recommendations to the court.
What Court Orders Might I Hear About?
During Care Proceedings, the court may make different types of orders.
Interim Care Order
An Interim Care Order is a temporary order made while the court is still considering the case.
It allows the local authority to share Parental Responsibility and make decisions to help keep the child safe while proceedings continue.
Care Order
A Care Order gives the local authority Parental Responsibility alongside parents.
The local authority must continue to work with parents and consider the child’s wishes and feelings when making decisions.
A child may:
- Live at home.
- Live with relatives.
- Live with foster carers.
- Live in another suitable placement.
The court decides what arrangement is safest and in the child’s best interests.
Supervision Order
A Supervision Order allows a child to remain living at home while Children’s Services continue to provide support, advice and monitoring.
The focus is on helping the family make positive changes while ensuring the child’s needs are met.
Special Guardianship Order (SGO)
A Special Guardianship Order gives a relative or another person long-term responsibility for caring for a child.
Children often remain connected to their family while having a stable and secure home.
Child Arrangements Order
A Child Arrangements Order decides:
- Who a child lives with.
- Who they spend time with.
- How arrangements will work.
Placement Order
A Placement Order allows a child to be placed for adoption if the court decides this is the best way to meet the child’s long-term needs.
Does Care Proceedings Mean My Child Will Be Removed?
Not always.
Every case is different.
The court considers all of the available information before making decisions.
The court’s role is to decide what is safest and best for the child based on the evidence presented.
Will My Views Be Heard?
Yes.
Parents and carers have an important role throughout Care Proceedings.
You should have opportunities to:
- Share your views.
- Provide information.
- Attend court hearings.
- Work with your solicitor.
- Respond to concerns.
The court will also consider the child’s wishes and feelings whenever possible.
What Are My Rights?
Throughout Care Proceedings you have the right to:
- Legal representation.
- Be treated fairly and respectfully.
- Understand what is happening.
- Receive important information and reports.
- Ask questions.
- Have support if you have communication or language needs.
If you do not understand something, ask your solicitor or Social Worker to explain it.
Where Can I Get Support?
Your Solicitor
Your solicitor should be your main source of legal advice throughout Care Proceedings.
Your Social Worker
Your Social Worker should explain what is happening and what support is available.
Family Hubs
Family Hubs provide support for families across South Tyneside.
Telephone: 0800 783 4645
Website: South Tyneside Family Hubs
Children’s Social Care
Telephone: 0191 424 5010
Out of Hours: 0191 456 2093.
Frequently Asked Questions
How long do Care Proceedings take?
Every case is different. The court aims to make decisions for children without unnecessary delay, but timescales depend on the child’s circumstances and the issues being considered.
Can I still see my child during Care Proceedings?
In many cases, yes. Arrangements will depend on the child’s circumstances and what professionals and the court believe is safest and best for the child.
Can I disagree with what professionals say?
Yes. You can share your views, speak with your solicitor and provide information that you believe is important.
Key Message
Care Proceedings are used when the Family Court needs to make decisions about a child’s future because there are serious concerns about their safety or wellbeing. The court’s role is to make decisions that are in the child’s best interests. Families have the right to legal advice, to have their views heard and to be involved throughout the process. The focus of everyone involved should be helping children grow up safe, supported and able to thrive.