When a local authority believes a child may be suffering, or is at risk of suffering, significant harm, it has a legal duty to act to protect the child’s welfare. One of the most serious steps it can take is to apply to the Family Court for an order to decide where the child should live and who should care for them. Such orders are known as Care and Supervision Orders. This process is known as care proceedings.

What Are Care Proceedings?

Care proceedings are court cases brought under the Children Act 1989. They allow the court to decide whether a child should be placed in the care of the local authority, live with family members under supervision, or remain at home with support.

The primary aim is always the same: to ensure the safety and well-being of the child.

Before going to court, the Local authority will usually invite parents to a ‘Public Law Outline (PLO) meeting to discuss concerns and give them a chance to make changes.

When Do They Start?

Care proceedings usually begin if:

• Social services have serious concerns about the child’s welfare. This may be due to neglect, physical abuse, emotional abuse, sexual abuse, parental alcohol/substance misuse or domestic violence. This means that the social services believe a child is at risk of significant harm.
• Efforts to resolve concerns through voluntary arrangements (for example, under a Child in Need or Child Protection Plan) have failed or are not appropriate.
• Emergency steps, such as an Emergency Protection Order, have been taken and longer-term decisions are needed.

The local authority will usually have carried out extensive investigations before applying to court. Parents or carers should be notified and given the opportunity to take legal advice at the earliest stage.

The Legal Framework

The main provisions are set out in the Children Act 1989, particularly:

• Section 31 – allows the court to make a care order or a supervision order if:
  • The child is suffering, or likely to suffer, significant harm, and
  • The harm is attributable to the care given (or likely to be given) not being what it would be reasonable to expect a parent to provide, or the child being beyond parental control.

The 26-Week Timetable

Since 2014, the court aims to conclude care proceedings within 26 weeks. This is to reduce delay and uncertainty for the child.
During this period, the court will hold several hearings, including:

• Case Management Hearing (CMH) – to set the timetable and identify key issues.
• Issues Resolution Hearing (IRH) – to see if agreement can be reached before a final hearing.
• Final Hearing – where the judge makes a final decision about the child’s future.

Possible Outcomes

The court can make several types of orders, including:

• Care Order – the local authority shares parental responsibility and can decide where the child lives.
• Supervision Order – the child stays at home or with family members, but the local authority must advise, assist and befriend the child.
• Special Guardianship Order – gives a relative or another person overriding parental responsibility until the child is 18.
• No Order – if the court decides intervention is unnecessary.

Legal Representation and Funding

Parents and anyone with parental responsibility are entitled to non-means and non-merits tested legal aid in care proceedings. This means you will not have to pay for a solicitor, regardless of your income or savings.

Why Early Legal Advice Matters

Care proceedings are life-changing for both children and parents. Early, specialist legal advice can:

• Help you understand your rights and responsibilities.
• Ensure your voice is heard in court.
• Assist in presenting evidence to address concerns.

If you have been contacted by social services or told that care proceedings are being considered, seek legal advice immediately. Our experienced family law team can guide you through the process, attend any PLO meeting, protect your rights, and focus on achieving the best possible outcome for you and your child.